Anomali Asas Non-Retroaktif dalam Kejahatan Genosida, Bertentangan dengan HAM?

Abstract

The crime of genocide is one of the most serious international crimes stipulated in the Rome Statute. Previously, genocide was regulated in the Convention on Genocide entered into force on 12 January 1951. The convention and the Rome Statute do not allow retroactivity. However, retroactivity appears in the Indonesian Law on the Human Rights Court and is strengthened through the Indonesian Constitutional Court's Decision. This study focuses on the neglect of the non-retroactive principle in the Law on Human Rights Courts and the extent to which the retroactive period. This research uses normative-legal method with a statutory and case approaches. The result shows that ignoring the non-retoactive principle is contrary to international law and international human rights regulations. Hence, the Constitutional Court's decision that strengthens retroactivity can be interpreted that the Court maintains human rights while at the same time violates human rights by not accurately interpreting the word “derogation” and “restriction” in Article 28J of the 1945 Constitution.

Reflection of Russian-Ukrainian military conflict in Indonesian and world Digital Media

“…(Kusuma, 2014) Second, HAM (Human Rights) is a legal and normative concept stating that every human has inherent rights. Human rights also apply wherever and whenever without any restrictions to be universal (Nurhidayatuloh, 2022). Law of the Republic of Indonesia Number 39 of 1999 states that the human rights in question are a set of things that are inherent in humans as creatures of God Almighty and are His gifts that must be given respect, always upheld, get protection from the state, law, government, and all people for the sake of honour as well as the protection of human dignity.…”

“…Human Rights is a legal and normative concept that provides a statement that humans have various rights attached to them because they are humans (Sudiq and Yustitianingtyas, 2022). In addition, human rights also cannot be seized and divided (Nurhidayatuloh, 2022). Therefore, the conflict that occurred between Russia and Ukraine must be stopped immediately, according to the words of the country's leaders, because it has a destructive impact on society.…”