Sistem Hukum Penyelesaian Pelanggaran Hak Asasi Manusia (HAM) Berat Melalui Mahkamah Pidana Internasional

Begem, Sarah Sarmila; Qamar, Nurul; Baharuddin, Hamza

doi:10.37276/sjh.v1i1.28

Cited by 14 publications

(15 citation statements)

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“…From the description above, it can be understood that even though the suspect is a party that harms other people or commits a criminal act. In this case, the suspect must be presumed innocent under the legal principle of presumption of innocence until a court decision is obtained, which has become final and binding (Begem et al, 2019). Therefore, every person who has since been named a suspect has the right to obtain facilities or to present Lawyers or Legal Advisers themselves (Gayo, 2020).…”

Section: The Right To Obtain Assistance From Lawyers or Legal Advisersmentioning

confidence: 99%

The Suspect’s Rights in the Investigation Process: A Case Study at the South Sulawesi Regional Police

Manangin

Rasjak

2022

AIJIH

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This study aims to analyze the position of the suspect forgery of documentary instruments of evidence of land rights in the investigation process at the Directorate of the General Criminal Investigation of South Sulawesi Regional Police. This research combines normative juridical and empirical research methods. The primary data were collected using direct interviews, while the secondary data was collected using literature study techniques. The data obtained in this research were then analyzed qualitatively to describe problems and answer study purposes. The results show that the suspect forgery of documentary instruments of evidence of land rights still gets human rights protection in the investigation process. Investigators still prioritize humanitarian action by upholding the dignity of the suspects. The rights fulfilled by the Directorate of the General Criminal Investigation, South Sulawesi Regional Police, against suspects at each stage of an investigation include: the right to be examined promptly; self-defense; freely provide information; obtain an interpreter; obtain assistance from lawyers or legal advisers; and maintain physical and psychological health. Therefore, it is recommended that all Police investigators continue to implement investigative procedures for all criminal cases while upholding the dignity of suspects as legal subjects. On the other hand, a suspect must be cooperative and use the right to freely provide information to prove their innocence in the investigation process. In this case, the Directorate of the General Criminal Investigation of South Sulawesi Regional Police has applied the accusatory principle to realize a balanced investigation as regulated in Law No. 8 of 1981.

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Section: The Right To Obtain Assistance From Lawyers or Legal Advisersmentioning

confidence: 99%

The Suspect’s Rights in the Investigation Process: A Case Study at the South Sulawesi Regional Police

Manangin

Rasjak

2022

AIJIH

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“…This declaration is known as "The Universal Declaration of Human Rights", dated December 10, 1948 is a legal provision relating to race, ethnicity or religion, regulated in Article 2 of this Declaration, which states that everyone has the right to all rights and freedoms contained in this declaration without any exception, such as differences in race, color, sex, language, religion, politics or other views, national or social origin, property rights, birth or other status (Begem et al, 2019).…”

Section: The Form Of Settlement Of Gross Human Rights Violations According To the Analysis Of Article 2 Of The Udhr's Human Rights Protecmentioning

confidence: 99%

“…This Statute applies to heads of state, elected representatives, and those who have taken action in an official capacity, as persons holding positions in an official organization or government. This principle also undermines or erases impunity that is often attached to those who have power (Begem, et al, 2019).…”

Section: The Form Of Settlement Of Gross Human Rights Violations According To the Analysis Of Article 2 Of The Udhr's Human Rights Protecmentioning

confidence: 99%

Prohibition of Violations of Heavy Human Rights

Adnyani

2021

IJSSB

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This study aims to analyze the clause on protecting human rights Article 2 of the UDHR and the state responsibility for the types of genocide crimes of Article 6 of the Rome Statute as a response to the fanaticism of religion, culture, freedom, anarchy, radicalism, and underestimating pluralism, which tends to discriminate, witness and allowing people to kill, kill, and rape large numbers of nations. Type of normative legal research. The research approach used is a statutory approach and a case study approach. The results show that human rights violations by borrowing the concept of performative self-contradiction from the theory of criminology, legal protection, and state responsibility provide protection for citizens who assert their rights are severely limited by Article 2 of the UDHR's human rights protection clause and responsibility Article 25 states against the protection of human rights. Further understanding and unifying the various legal cases that Article 6 has produced so far: both target political human rights violations, attack liberal democracy in general; and the abuse of exclusive human rights, attacking the rights of others. Category of genocide or not, we need to pay attention to 2 (two) things, namely Actus Reus (action) and Mens Rea (evil intention) in action.

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“…The structural and legal system components include the various institutions, forms, and processes created by the legal system with various functions to support the legal system's operation (Begem, S. S., Qamar, N., & Baharuddin, H., 2019). One such institution is the Court.…”

Section: The Supervision and Observation Judge Is Of The View That Whmentioning

confidence: 99%

The Role of the Supervision and Observation Judge on Guidance for Inmates

Yafid¹,

Muzakkir²

2020

sijl

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Judicial institutions, as law enforcement agencies in the Criminal Justice System, are a foundation of hopes for justice seekers, as based on Article 2 section (4) of Law No. 48 of 2009, regulates that “the Court is done simply, quickly, and at a low cost”. Therefore, this study aims to determine the implementation of the Supervision and Observation Judge's role and the obstacles that affect the Supervision and Observation Judge's performance in implementing Court Decisions in the Penitentiary. This study uses two types of research, namely normative legal research and empirical legal research. This research was conducted at the Makassar Class I Penitentiary and the Makassar Class IA District Court. The types of data used in this study include primary data and secondary data. The data that has been collected is then processed descriptively qualitatively. The results of the study concluded that the implementation of the role of the Supervision and Observation Judge in the implementation of the decision of the Makassar Class IA District Court at the Makassar Class I Penitentiary has not run optimally, because between The Supervision and Observation Judge and the Head of the Penitentiary rarely meet and discuss guidance issues for Inmates at the Penitentiary. The obstacles in implementing the role of the Supervision and Observation Judge at the Penitentiary include the problem of insufficient funds available for operational supervision and observation and the absence of special staff to assist the Supervision and Observation Judge in recording their Inmates. Therefore, more specific implementing regulations are needed to certify that the judgment is being properly executed and under the laws and regulations in Indonesia. Furthermore, there is a need for effective cooperation between the Supervision and Observation Judge and the Penitentiary Officers, who must always coordinate as one unit in an integrated Criminal Justice System.

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Sistem Hukum Penyelesaian Pelanggaran Hak Asasi Manusia (HAM) Berat Melalui Mahkamah Pidana Internasional

Cited by 14 publications

References 0 publications

The Suspect’s Rights in the Investigation Process: A Case Study at the South Sulawesi Regional Police

The Suspect’s Rights in the Investigation Process: A Case Study at the South Sulawesi Regional Police

Prohibition of Violations of Heavy Human Rights

The Role of the Supervision and Observation Judge on Guidance for Inmates

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