Activa Yuris: Jurnal Hukum
Vol 1, No 1 (2021)

Individual Responsibility & Command Responsibility on Serious Human Rights Violation in Indonesia

Amirudin Imam Nur (Universitas PGRI Madiun)
Hanafi Mursyid Wijanarko (Universitas PGRI Madiun)
Pryo Sularso (Universitas PGRI Madiun)



Article Info

Publish Date
26 Feb 2021

Abstract

The wave of reform in Indonesia that was rolling in the context of overthrowing the New Order was full of abuse of power, corruption, collusion, nepotism (KKN) and human rights violations. Application of the concept of a direct law enforcement system against the category of international crimes, which in the past emphasized the national justice jurisdiction (indirect enforcement system). Cases of human rights violations are very interesting, because the crimes that occur have a special condition which by experts call it a special form of political crime. The research method in this study is a normative juridical research method, which means that this research is sourced from library data. The legal issue in this research is How is the individual and command responsibilities in Serious Human Rights Violations in Indonesia. The results of this research show that Indonesia is currently under the spotlight internationally in connection with the indictment of gross human rights violations, especially in the issues of East Timor, Tanjung Priok and so on. The universal principle that it is impossible to treat gross human rights violations as "ordinary crimes" and the existence of a universal qualification regarding "crimes against humanity" requires the utilization of a special human rights court, which also contains several special criminal procedures. In accordance with the provisions of the International Criminal Code Statute (Art.l), cases which have been investigated and terminated by the country concerned will not be accepted for trial by the ICC (inadmissible). We have to show everyone that called "International Criminal Tribunal" really is complementary to the national courts

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Journal Info

Abbrev

AY

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of articles that can be accepted in this journal are: Constitutional law Administrative law Criminal law Civil law Contract law Customary law Islamic law Business law Agrarian law Human rights Anti Corruption law Arbitration law and Alternative Dispute Resolution Environmental law Company ...