CD Tesis
Kebijakan Hukum Pidana Terhadap Perlindungan Korban Persekusi Pada Kegiatan Demonstrasi Di Indonesia
Freedom of opinion in public is regulated in Article 28 of the 1945
Constitution and in Article 19 and Article 20 paragraph (1) of the Universal
Declaration of Human Rights (DUHAM). But in practice there are many
irregularities that often occur, one of which is persecution. Persecution has
become a topic of discussion and is included in Article 7.1 of the Rome Statute
and is categorized as a crime against humanity. While in Indonesia there is no
positive law that clearly regulates the persecution itself. Both regarding
understanding, the rule of law and the protection of victims. And in Indonesia, if
there is a crime of persecution, only use the rules contained in the Criminal Code.
Thus causing confusion in the enforcement of the treatment and protection of
victims.
This type of research can be classified as a type of normative legal
research that more specifically discusses specific legal principles, namely legal
principles that function in a narrower field of law, namely in the field of criminal
law. The data sources in this study are divided into three, namely primary legal
materials, secondary legal materials, and tertiary legal materials. The data
collection technique used in this normative legal research is the literature review
method. As well as data analysis techniques performed is a qualitative method.
The results of the research conducted by this writer are that the legal
regulation regarding the crime of persecution in Indonesian positive law
stipulates that persecution is not actually a type of crime that is regulated clearly
and firmly in the Criminal Code or other laws. However, acts of persecution can
include several types of non-criminal activities that end in unpleasant actions,
threats, blackmail, torture, beatings to kidnappings which are clearly and
explicitly explained in the Criminal Code so that these actions are classified as
included in acts of persecution. The absence of clear rules regarding this
persecution has led to legal uncertainty and unclear protection for victims.
Therefore, it is hoped that there will be specific rules in Indonesia that regulate
persecution, both the rule of law for the perpetrators and legal protection for the
victims of the persecution themselves.
Keywords: Criminal Law Policy-Victim Protection-Persecution-Demonstration.
Tidak tersedia versi lain