PROTECTION OF VICTIMS OF HUMAN RIGHTS VIOLATIONS: A REVIEW OF DECISION NUMBER 46-K/PM II-11/AD/VI/2013

Abstract

The crime of genocide is often associated with crimes against humanity but when viewed in depth the crime of genocide is different from crimes against humanity, where the crime of genocide is aimed at groups such as nations, races, ethnicities or religions while crimes against humanity are aimed at citizens and civilians. Furthermore, the crime of genocide can eliminate some or all of them, while crimes against humanity have no specifications or conditions in this regard. The demand for the resolution of cases of human rights violations has prompted the birth of Law Number 39 of 1999 concerning Human Rights which was later followed by Law Number 26 of 2000 concerning the Human Rights Court which is intended to answer various problems of human rights violations, especially gross human rights violations. Article 7 of the Human Rights Court Law states that the crime of genocide is a crime that violates gross human rights because it is committed by killing, causing severe suffering, extermination, coercion by groups and even the forcible transfer of children from one group to another. Thus the human rights court law expressly provides threats to the perpetrators. The method used is normative legal research. Based on the results of the research, it is known that the Crime of Genocide and its Implications in Law Number 39 of 1999 concerning Human Rights that the crime of genocide is one of the most serious forms of human rights violations, involving systematic efforts to destroy certain groups based on ethnicity, religion, or race. Law No. 39/1999 on Human Rights has not specifically and in detail regulated the crime of genocide and the elements of the crime. This has led to a lack of a strong and comprehensive legal framework to prosecute perpetrators of genocide, as well as provide justice and legal certainty for victims. Law No. 26/2000 on Human Rights Courts in Indonesia is considered inadequate to address gross violations of human rights. Some of the weaknesses identified include the procedural law still referring to the Criminal Procedure Code (KUHAP), which complicates the evidentiary process, as well as the lack of clarity in applying the regulations due to the incompleteness of the "elements of crimes" stipulated. This has led to a lack of effectiveness in the prosecution of serious crimes such as genocide, which are often triggered by ethnic, religious and racial factors. The prohibition of the crime of genocide is regulated through international law and national law. However, the resolution of gross human rights violations in the Indonesian criminal justice system based on Law No. 26/2000 has not succeeded in creating legal certainty and justice for victims of violations in East Timor.