Demokratisasi Kehidupan Politik di Indonesia

Arinanto, Satya

doi:10.21143/jhp.vol21.no5.988

Cited by 2 publications

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“…In relation to the human rights violations, the National Commission of Human Right has established one of the violent incidents in Abepura and Wasior as crimes and humanity incidents, which is one of the most serious forms of human rights violations, but has not yet been investigated. In relation to the implementation of law enforcement, according to Friedman, the legal system consists of 3 (three) elements that mutually influence each other, namely: 11 The legal substance, which concerns aspects of legal arrangements or laws and regulations; the legal structure, i.e law enforcement agencies and law enforcement apparatus existing within the institution; and legal culture, the social mood and social forces that determine how the law is used, avoided or abused or in other words is the behavior of society. Referring to Froedman's description, there are obstacles to the prosecutor in applying the system of settlement of criminal cases outside the court through restorative justice approach, along with efforts to be done to overcome it, will be reviewed from 3 (three) elements, which include elements of legal substance, legal structure and legal culture.…”

Section: Act No 26 Of 2000 On Human Rights Courtmentioning

confidence: 99%

Law Enforcement against Serious Human Right Violation: A Restorative Justice Perspective

Wonda¹,

Razak²,

Ashri³

et al. 2017

IOSR JHSS

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Abstract:-The increasing number of cases of human rights violations, should be more firmly also handling and the decisions as a form of human rights law enforcement.The research uses a type of normative-legal research that will be complemented by a socio-legal approach or a legal approach in a perspective of sociological. The results shows that the violation of human right in Papua from murder, genocide and against humanity are seen in the events of Wasior, Wamena, Abepura, Paniai for overtime and also the events of Intan Jaya, and for genocide crime is only in Paniai. However, since there is no regulation on the authority of the prosecution to settle the case outside the court, the provision cannot be applied as a basis for the implementation of restorative justice by the prosecutor. Similarly, the restorative justice approach by customary institutions and local governments collided on the budgetary inventory by the local government in the implementation of compensation for victims or families as result of serious human rights violations in Papua.The government of Provincial, District and Municipal need to apply restorative justice approach in handling cases of serious human rights violation by involving local customary institutions in the law enforcement of human rights in Papua. Retributive justice is the guard and guarantor of other principles of justice.

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Section: Act No 26 Of 2000 On Human Rights Courtmentioning

confidence: 99%

Law Enforcement against Serious Human Right Violation: A Restorative Justice Perspective

Wonda¹,

Razak²,

Ashri³

et al. 2017

IOSR JHSS

View full text Add to dashboard Cite

show abstract

“…In relation to the implementation of law enforcement, according to Friedman, the legal system consists of 3 (three) elements that mutually influence each other, namely: 11 The legal substance, which concerns aspects of legal arrangements or laws and regulations; the legal structure, i.e law enforcement agencies and law enforcement apparatus existing within the institution; and legal culture, the social mood and social forces that determine how the law is used, avoided or abused or in other words is the behavior of society.…”

Section: Act No 26 Of 2000 On Human Rights Courtmentioning

confidence: 99%

Untitled

2017

IOSR JHSS

View full text Add to dashboard Cite

The increasing number of cases of human rights violations, should be more firmly also handling and the decisions as a form of human rights law enforcement.The research uses a type of normative-legal research that will be complemented by a socio-legal approach or a legal approach in a perspective of sociological. The results shows that the violation of human right in Papua from murder, genocide and against humanity are seen in the events of Wasior, Wamena, Abepura, Paniai for overtime and also the events of Intan Jaya, and for genocide crime is only in Paniai. However, since there is no regulation on the authority of the prosecution to settle the case outside the court, the provision cannot be applied as a basis for the implementation of restorative justice by the prosecutor. Similarly, the restorative justice approach by customary institutions and local governments collided on the budgetary inventory by the local government in the implementation of compensation for victims or families as result of serious human rights violations in Papua.The government of Provincial, District and Municipal need to apply restorative justice approach in handling cases of serious human rights violation by involving local customary institutions in the law enforcement of human rights in Papua. Retributive justice is the guard and guarantor of other principles of justice.

show abstract

Demokratisasi Kehidupan Politik di Indonesia

Cited by 2 publications

References 0 publications

Law Enforcement against Serious Human Right Violation: A Restorative Justice Perspective

Law Enforcement against Serious Human Right Violation: A Restorative Justice Perspective

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