Kewenangan Jaksa Agung Dalam Penyelesaian Pelanggaran Ham Berat Dihubungkan Dengan Prinsip Negara Hukum

Santoso, Bambang

doi:10.29313/sh.v16i1.5101

Cited by 3 publications

(3 citation statements)

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“…Metode ini juga dalam analisis menggunakan Pendekatan kasus, yaitu penegakan ketidakadilan hukum dalam pelanggaran hak asasi manusia dimana peneliti mencoba membangun argumentasi hukum yang terjadi, tentunya kasus tersebut erat kaitannya dengan kasus atau ketidakadilan hukum yang terjadi pada pelanggaran HAM. Analisis ini juga menggunakan pendekatan perundang-undangan, yaitu pendekatan yang dilakukan dengan menelaah semua peraturan perundang-undangan dan regulasi yang bersangkutan dengan isu hukum yang sedang ditangani (Santoso, 2019).…”

Section: Metode Penelitianunclassified

Penegakan Ketidakadilan Hukum Untuk Mewujudkan Keadilan Dalam Pelanggaran Hak Asasi Manusia (Ham) Di Indonesia

Hutabarat¹,

Hakiki²,

Lubis³

et al. 2022

JRPP

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The enforcement of legal justice, particularly related to human rights in Indonesia, is still not optimal, mainly because until now the State of Indonesia is still in a transition zone which is still marked by human rights violations. This study aims to determine how the application of legal justice to human rights violations. So that it will be known how the settlement taken in cases of human rights violations in Indonesia, as well as how the principles of Islamic law regarding Human Rights. The conclusion of the problems discussed is the application of legal injustice to human rights violations in Indonesia based on Law no. 26 of 2000 concerning Human Rights Courts. where in this issue the aim is to achieve justice in the law, it is called the ad hoc court which is used to try violators of human rights in Indonesia. To resolve cases of human rights violations that occurred in the territory of Indonesia, it was carried out through an Ad Hoc court. if the time of the occurrence of human rights violations before Law no. 26 of 2000 concerning Human Rights Courts. and if the violation of Human Rights occurs after this Law, it will be resolved through the Human Rights Court. and, if the violation of Human Rights occurs before this Law can also be resolved, namely through the Truth and Reconciliation Commission established by law.

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Section: Metode Penelitianunclassified

Penegakan Ketidakadilan Hukum Untuk Mewujudkan Keadilan Dalam Pelanggaran Hak Asasi Manusia (Ham) Di Indonesia

Hutabarat¹,

Hakiki²,

Lubis³

et al. 2022

JRPP

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show abstract

“…The results of the investigation, if evidence is found that there are allegations of gross human rights violations, it will be delegated to the Attorney General's Office to proceed to the investigation stage Attorney General (Santoso, 2019). Based on the evidence and prosecution embodied in the indictment, a human rights court was then held based on the relative competence of the court.…”

Section: Introductionmentioning

confidence: 99%

Analysis of Criminal Sanctions for Serious Human Rights Violations with an Aspect of Abuse

Martini

2023

IJSSRR

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The investigation into the abuse case of Mario Dandy Satriyo cs against Cristalino David Ozora is still being carried out by the authorities. Several new facts were revealed in the reconstruction process that was held by investigators from the Sub Directorate of Renakta of the Ditreskrimum Polda Metro Jaya. Including, about the celebration in the style of Cristiano Ronaldo which was carried out by Mario after abusing David. In the visible reconstruction, Mario celebrated after kicking David precisely on the left side of the head. Before kicking, Mario first takes a square while running. After kicking, Mario first circled David's body and then celebrated the goal. The police have named Mario Dandy and Shane Lukas as suspects in this abuse case. Both have been detained at Polda Metro Jaya Detention Center. Mario was charged with Article 355 of the Criminal Code paragraph 1, subsidiary to Article 354 paragraph 1 of the Criminal Code, subsidiary 535 paragraph 2 of the Criminal Code, subsidiary 351 paragraph 2 of the Criminal Code. Investigators also charged Mario Article 76c Jo 80 of the Child Protection Act. While Shane was charged with Article 355 paragraph 1 in conjunction with article 56 of the Criminal Code, subsidiary 354 paragraph 1 in conjunction with 56 of the Criminal Code, subsidiary 353 paragraph 2 in conjunction with 56 of the Criminal Code, subsidiary 351 paragraph 2 in conjunction with 76c of the Child Protection Act. Apart from that, a woman with the initials AG has also been raised to the status of a perpetrator or a child in conflict with the law. AG was charged with Article 76c in conjunction with Article 80 of the PPA Law and/or Article 355 8paragraph 1 in conjunction with Article 56 of the Subsidiary Criminal Code Article 354 paragraph 1 in conjunction with 56 of the Subsidiary Criminal Code 353 paragraph 2 in conjunction with Article 56 of the Criminal Code. By looking at the above, it can be said that it is a serious violation, in which crimes against humanity are: one of the acts committed as part of a widespread or systemic attack, knowing that the attack was directed directly against the civilian population in the form of torture.

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“…Concerns about intervention from the executive power to the prosecutor's office, because the appointment of the Attorney General is the prerogative of the President, this has led to the perspective of various circles of being determined that the prosecutor is no longer under the executive branch (Santoso, 2019). The idea of the existence of a prosecution system in state power is actually to provide an answer to independence in prosecution (Yusuf, 2019).…”

Section: Introductionmentioning

confidence: 99%

Attorney and President Relationship in Independent Aspects of the Indonesian State System after Reform

Sugiharto¹

2021

BIRCI

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The Attorney General's Office has a central position and a strategic role in a constitutional state because the Attorney General's Office acts as a filter between the investigation process and the examination process at trial; The position in the sense of the position and function of the Prosecutor's Office is very vulnerable to the state administration system or the style of government adopted. After the reform, the Prosecutor's Office underwent several changes in the system used. The method used by the researcher in this research is normative juridical with a descriptive analysis approach in the perspective of comparative historical politics. The discussion in this study uses a comparative political approach. This research provides an overview of the ideal concept of the Attorney General's Office in the state administration system of the Republic of Indonesia by placing the Prosecutor's Office with an independent nature that supports its duties and authorities in the field of prosecution both in theory and in fact. This must be regulated clearly and firmly in the constitution.

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Kewenangan Jaksa Agung Dalam Penyelesaian Pelanggaran Ham Berat Dihubungkan Dengan Prinsip Negara Hukum

Cited by 3 publications

References 0 publications

Penegakan Ketidakadilan Hukum Untuk Mewujudkan Keadilan Dalam Pelanggaran Hak Asasi Manusia (Ham) Di Indonesia

Penegakan Ketidakadilan Hukum Untuk Mewujudkan Keadilan Dalam Pelanggaran Hak Asasi Manusia (Ham) Di Indonesia

Analysis of Criminal Sanctions for Serious Human Rights Violations with an Aspect of Abuse

Attorney and President Relationship in Independent Aspects of the Indonesian State System after Reform

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