ANALISIS YURIDIS PROSES PERADILAN HAK ASASI MANUSIA DALAM KASUS PELANGGARAN HAM BERAT DI INDONESIA (Studi Kasus Pelanggaran HAM Berat Abepura)

Abstract

Human rights are basic or basic human rights that are brought from birth as a gift from God Almighty, not a gift from the ruler. This right is very basic or fundamental to human life and life and is a natural right that cannot be separated from human life. Serious human rights violations are extraordinary crimes and have a wide impact both at the national and international levels, and are criminal acts regulated in the Criminal Code and cause material and immaterial losses that result in feelings of insecurity, both individuals and society, so it is necessary immediately restored in realizing the rule of law to achieve peace, order, peace, justice and prosperity for all Indonesian people. The purpose of this study is to determine the human rights judicial process in cases of gross human rights violations in Indonesia, to determine the inhibiting factors for investigation and prosecution in the trial process of gross human rights violations in Indonesia.
In this study the authors used the normative legal method. The authors conducted research on legal synchronization.
From the results of the research that the author examined, it can be concluded, first, the Human Rights Court process in serious violations, namely; investigation, investigation, prosecution, examination in court, implementation of the judge's decision. In the human rights court process in cases of gross human rights violations in Indonesia, especially in the Abepura case involving state apparatus, it has not been fully established due to inappropriate decisions. Second, the factors that hinder investigation and prosecution in the trial process of gross human rights violations in Indonesia are the law, law enforcement, facilities or facilities, society, and cultural factors. And in the case of human rights abepura, inhibiting factors were also found that made law enforcement ineffective.
Keywords: Human Rights-Extraordinery Crime-Judicature