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Feri Amsari
Andalas University
Humanities Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : Lareh Law Review

 1 
Efektifitas Pemberian Hasil Rekomendasi Penyelidikan Komnas HAM Terhadap Dugaan Pelanggaran HAM Kepada Lembaga Negara Rini Fitria Morfi; Arfiani Arfiani; Feri Amsari
Lareh Law Review Vol. 1 No. 1 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.1.1.34-46.2023

Abstract

Human rights are the basis of a country in forming all provisions in the life of the nation and state which are the natural rights of every human being. The establishment of the National Human Rights Commission as an independent institution, is also based on Article 28 of the 1945 Constitution of the Republic of Indonesia which confirms that; protecting, promoting, upholding and fulfilling human rights is the responsibility of the state. This article analyzes one of the functions of Komnas HAM, namely having the authority to investigate alleged cases of human rights violations and issuing recommendations based on the investigation. The purpose of this article is to find out the effectiveness of providing state institutions with the results of investigation recommendations by the National Human Rights Commission on alleged human rights violations. This article uses a research method. This type of empirical juridical research. The results of the study found that first, according to Law Number 39 of 1999 concerning Human Rights and Law Number 26 of 2000 concerning Human Rights Courts that in protecting and guaranteeing human rights, the National Human Rights Commission has a role and function of reviewing , research, counseling, monitoring, mediation, and has the authority to investigate alleged cases of gross human rights violations, as well as issue recommendations afterward. Second, the recommendations issued by Komnas HAM after the investigation was carried out were public law acts because they resulted in a legal relationship between Komnas HAM and the Government as the recipient of the recommendations and the substance of Komnas HAM's recommendations regarding the existence of a case of human rights violations and various solutions in its settlement as well as the results of recommendations issued by Komnas HAM does not have binding and coercive legal force like court decisions which have executorial value. For this reason, some recommendations from the National Commission on Human Rights were followed up by the target state agencies, some were not.
Perbedaan Pandangan Terhadap Pembatasan Hak Dipilih Antara Putusan Mahkamah Konstitusi Dengan Putusan Mahkamah Agung Qaidah Bazilah Bazlaa; Dian Bakti Setiawan; Feri Amsari
Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.1.2.117-127.2023

Abstract

In general elections, the public has the right, namely, not to vote, and the right to be elected. The right to be elected is the right of citizens to be elected as members of deliberative bodies or representatives of the people in a general election. Article 240 paragraph (1) letter g of the General Election Law regulates restrictions on the right to vote for former corruption convicts. Regarding the norms in this article, the Constitutional Court and the Supreme Court have different views. This is formulated in the Constitutional Court Decision Number 87/PUU-XX/2022 and the Supreme Court Decision Number 46P/HUM/2018. This article analyzes the views of Constitutional Justices and Supreme Court Justices regarding the norms in article 240, paragraph (1) letter g. The purpose of this article is to find out how voting rights are limited for former corruption convicts. This article uses a normative juridical research method. The research results found that first, restrictions on the right to vote for former convicts may be carried out in the interests of ensuring the freedom of disadvantaged groups. Second, in deciding a decision, the judge is obliged to explore, follow and understand the legal values ​​and sense of justice that exist in society as well as pay attention to the juridical aspect.
Co-Authors Beni Kurnia Illahi Busya Azheri Dian Bakti Setiawan Fauzan Misra Muhammad Ichsan Kabullah Qaidah Bazilah Bazlaa Rini Fitria Morfi Wein Arifin