CD Skripsi
Reformulasi Sanksi Pidana Diskriminasi Ras Dan Etnis Di Indonesia
ABSTRACT
Law Number 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination, actually the law against acts of racial and ethnic discrimination can prevent and accommodate a person. In practice, cases of racial and ethnic discrimination have increased every year. In data taken from the National Commission on Human Rights (Komnas HAM), there were at least 188 complaints. Where in 2021 there were 44 complaints. Therefore, as an effort to tackle increasing racial and ethnic discrimination, and reflecting on the Albanian state and the importance of creating a new paradigm, it is necessary to reformulate criminal sanctions as stipulated in Article 16 of Law Number 40 of 2008 concerning Elimination of Racial and Ethnic Discrimination to present laws that are more appropriate in responding to the needs of modernization. The purpose of this research was to find out the arrangement and application of racial and ethnic discrimination criminal sanctions in the Indonesian legal system, as well as to form the idea of reformulation of appropriate sanctions against racial and ethnic discrimination crimes in Indonesia..
This research is normative legal research supported by secondary data, carried out by making library materials the main focus. Also called doctrinal legal research, namely legal research that uses data based on library research by taking quotes from reading books, or supporting books that have something to do with the problem to be studied. Thus, this study uses secondary data sources consisting of primary, secondary, and tertiary legal materials. This study also uses qualitative data analysis and produces descriptive data.
From the results of the discussions and research conducted, several conclusions were obtained, namely: First, the provisions and sanctions for criminal discrimination as stipulated in Article 16 of Law Number 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination are no longer implemented and do not consider the impact of psychological violence that can be worse than physical violence and is still very weak when compared to other countries such as the Republic of Albania and the United States. In the end, the existing sanctions become an obstacle in projecting law as a social engineering tool that is just and beneficial to society. In practice, this has created a gap between das sollen and das sein in the application of racial and ethnic discrimination criminal sanctions in Indonesia. Second, the reformulation of criminal sanctions in the form of limiting sanctions and adding criminal sanctions to imprisonment and fines, as well as the existence of treatment and/or treatment in the form of rehabilitation is an idea that was prepared by taking into account the outlook on life, awareness and legal ideals, as well as the philosophy of the Indonesian nation which originates from Pancasila and Preamble to the 1945 Constitution of the Republic of Indonesia.
Keywords: Ideas – Criminal Sanctions – Racial and ethnic discrimination
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