CD Skripsi

Kebijakan Hukum Pidana Terkait Pemidanaan Terhadap Pejabat Negara Di Bidang Pertahanan Yang Melakukan Kejahatan Terhadap Kemanusiaan Sebagai Bentuk Pelanggaran Hak Asasi Manusia Berat

---

ABSTRACT
The regulation of gross human rights, especially related to state officials in the field of defense, is regulated in Law Number 26 of 2000 concerning Human Rights Courts, but in this regulation there is a problem where there is no difference between the imposition of criminal sanctions between state officials and the general public. This can be seen in Article 42 paragraph (3) which regulates the punishment of state officials in the field of security who commit crimes against humanity, the article refers to Article 37 as the basis for punishment of state officials. Therefore, the purpose of this study aims to describe the appropriate punishment in the aggravation of punishment for state officials who commit crimes against humanity.
This type of research can be classified into normative research that examines legal principles, namely the principle of criminal liability. this research uses secondary data by elaborating primary, secondary, and tertiary legal materials relevant to the research topic.
Based on the results of the research, it can be concluded that first, the absence of differences in the imposition of criminal sanctions between state officials in the defense sector who commit crimes against humanity and ordinary people makes the current regulations weak. This can be seen in Article 42 paragraphs 1 and 3 of Law Number 26 of 2000 concerning Human Rights Courts which has been the legal source for resolving gross human rights cases. not only that, Article 599 of Law Number 1 of 2023 concerning the Criminal Code has many problems in this regulation, there is a reduction in the minimum criminal penalty for someone who commits crimes against humanity. Secondly, in forming regulations it is necessary to consider philosophical, sociological, and empirical factors. When examined through the case of TNI Brigadier General M. Noer muis in the East Timor case where Noer was acquitted of all charges against him and also Major Infantry Isak Sattu in the panai case where Isak was considered innocent of the actions he committed, the results of these decisions show that justice has not been implemented in society. Therefore, there needs to be a reform of criminal law in the aggravation of punishment for state officials in the field of defense who commit crimes against humanity in Indonesia. The author's suggestions are, first, that the current regulations have not been able to accommodate regulations regarding state officials in the field of defense who commit crimes against humanity. Second, there needs to be clear rules in providing criminal sanctions to state officials in the field of defense who are legally and proven to have committed crimes against humanity in order to provide legal certainty.
Keywords: Criminal Law Policy, Sentencing, State Officials, Crimes Against Humanity

---

Ketersediaan

Informasi Detail

Judul Seri

-

No. Panggil

1909110560

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2023

Deskripsi Fisik

-

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

1909110560

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

HUKUM PIDANA

Info Detail Spesifik

-

Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar