STUDY OF LAW ENFORCEMENT AGAINST HUMAN RIGHTS CRIMES: THE CRIME OF UNCONFIRMED AGGRESSION

Abstract

The purpose of this research was: to conceptually and thoroughly examine the International Criminal Justice System to be applied in the Indonesian Criminal Justice System which examines and prosecutes perpetrators of human rights crimes in Indonesia. This study examines conceptually and comprehensively about the International Criminal Justice System to be applied in the Indonesian Criminal Justice System which examines and prosecutes perpetrators of human rights crimes in Indonesia. The results show: (1) The Ad Hoc International Criminal Court and the Ad Hoc Human Rights Court are able to prosecute crime aggression whose definition of crime is unknown, (2) The Indonesian criminal justice system is able to apply the principles of the International Criminal Justice System-ICC which enter into crimes of Aggression, in particular the application of procedural law and decision making through legal discovery methods: Interpretation and construction of legal law in a state of legal vacuum. (3) Even though the jurisdiction of the Indonesian Human Rights Court only covers serious crimes of Genocide and Human Rights Violations, Perpetrators of War Crimes and Crime Aggression are able to incur criminal liability in Indonesia. Criminal prosecution can be carried out through the Ad Hoc Human Rights Court.