The Implementation of Regulations on Human Rights Violations in Legislation in Indonesia

Abstract

Objective: The enactment of Law Number 39 of 1999 in Indonesia regarding Human Rights was followed by Law Number 26 of 2000 concerning the Human Rights Court, aiming to address various issues of serious human rights violations. However, these regulations have not been effectively implemented. Method: This study utilizes a qualitative methodology with an analytical descriptive specification, aiming to acquire a profound understanding of a specific phenomenon based on the interpretation and subjective experiences of participants. The data is collected from secondary sources, including primary legal sources such as regulations, laws, and court decisions, as well as secondary legal sources encompassing books, articles, and other relevant literature. The data collection techniques encompass literature review to comprehend the theoretical framework, observation for data authenticity, and interviews with relevant institutions to obtain additional information. Results: The Law Number 26 of 2000 concerning the Human Rights Court is insufficient to address human rights violations in Indonesia, including legal weaknesses and ambiguities in implementing legislation, such as the incomplete "element of crimes" of regulated offenses. The resolution of serious human rights violations in the Indonesian criminal justice system based on Law Number 26 of 2000 has not been able to create legal certainty and justice for victims of serious human rights violations. The Law Number 13 of 2006 on Witness and Victim Protection has to some extent provided a normative foundation for the protection of witnesses and victims. Conclusions: The Indonesian Law with number 26 of 2000 regarding the Human Rights Court is deemed inadequate in addressing serious human rights violations in Indonesia, due to weaknesses in legal certainty and justice. Meanwhile, the Indonesian Law with number 13 of 2006 provides a normative foundation for the protection of witnesses and victims.