Problematika Pengaturan Persekusi Dalam Penerapan Hukum Pidana Di Indonesia

Abstract

Persecution is arbitrary hunting of a person or a number of people who are hurt, distressed or
crushed based on ethnicity, religion, race and political views. The establishment of criminal law is expected
to be able to overcome legal problems that occur in society. The existence of criminal sanctions is expected
to provide a deterrent effect to the perpetrators of criminal acts. There is no regulation in Indonesian
criminal law regarding acts of persecution, so that sanctions given to perpetrators have not been able to run
optimally and have not provided a deterrent effect. So that the laws that have been aspired have not yet been
realized.
The purpose of this essay is: First, to find out the problem of persecution arrangements in the
application of criminal law in Indonesia. Second, to find out the ideal idea of legal regulation of persecution
in Indonesia. This type of research is normative legal research, in this case the author chooses research on
the principles of law, namely the principle of legality. The theoretical foundation used is the theory of
justice, the theory of legal renewal, and the concept of crime.
From the results of the problem research there are two main things that can be concluded. First, the
problem of the regulation of persecution in the application of criminal law in Indonesia is that there is no
clear regulation by the Criminal Code or other laws and regulations concerning criminal acts of
persecution. This is certainly not in line with the principles that apply in the Criminal Code, namely the
principle of legality .Secondly, the ideal idea of legal regulation of persecution is that the perpetrators can
be held accountable for crimes and can be subject to criminal sanctions. Persecution which is a human
rights violation based on racial religion and political views. So it is necessary to have a legal policy that
regulates the act of persecution in a law.
Based on this matter, Indonesia should make further rules regarding the criminal acts of persecution
in the form of laws and regulations such as laws on persecution and weighting penalties by giving
appropriate sanctions to these crimes.
Keywords: Crime, Persecution, Sanctions.