CD Skripsi
Eksistensi Komisi Nasional Hak Asasi Manusia Ditinjau Dalam Sistem Ketatanegaraan Indonesia
ABSTRACT
The existence of human rights values is a fundamental part of a country that
adheres to the rule of law (rechtstaat) concept, besides that human rights values are
also regulated in the 1945 Constitution. The birth of the National Human Rights
Commision (Komnas HAM) is a part of the long process of transitioning the
Indonesian nation which is expected to lead to a better direction in increasing
protection and human rights in order to protect its people from arbitrary actions bye
the authorities. But ironically, during the establishment of Komnas HAM, its current
existence has not been able to have a positive impact on the sustainability of human
rights enforcement. The current limited authority has resulted in the Komnas HAM
institution not being able to address human rights issues , its existence is expexted to
be a bridge for enforcing and resolving allegations of gross human rights violations.
This research is a normative legal research. This is based on library research
that takes quotes from reading books, or supporting books that have something to do
with the problem to be studied. This study uses secondary data sources consisting of
primary, secondary, and tertiary book materials this study also uses qualitative data
analysis and produces descriptive data.
From the result of the research and discussion carried out, there are several
conclusions obtained, namely : first, the existence of Komnas HAM is currently still
far from the expectations and spirit of enforcing human rights, such as its limited
institutionsa, and authorities, resulting in the Komnas HAM institution not being able
to effectively enforce human rights. Maximally address human rights issues. Second,
Komnas HAM must improve and establish synergy with state institutions such as the
prosecutor’s office, the people’s representative council and the goverment , as well as
invite comunity participation so that later they will be able to overcome human rights
problems. The auho’s suggestions, first, there is a need to strengthen the Komnas
HAM as whole by making a separate law or law regarding the Komnas HAM
institution, so that later the functions and authorities of these state institutions
becomes stronger , especially in the process of investigation, investigations, and
prosecution og human rights violations . heavy humans in the past and present can be
handled properly. Second, there is the participation ot the goverment and the people’s
representative council, along with related parties such as Komnas HAM, the attorney
general’s office, and the participation of the public sitting together to formulate the
ideal institutional model of Komnas HAM in the future.
Keywords : Komnas HAM – State Institutions – State Administration
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