JOURNAL

Layanan journal yang disediakan oleh Perpustakaan Universitas Gunadarma

Prospek Aksesi Statuta Roma International Criminal Court Dihubungkan dengan Undang-Undang Nomor 26 Tahun 2000 tentang Pengadilan Hak Asasi Manusia

Judul Artikel:Prospek Aksesi Statuta Roma International Criminal Court Dihubungkan dengan Undang-Undang Nomor 26 Tahun 2000 tentang Pengadilan Hak Asasi Manusia
Judul Terbitan:Wacana Humaniora
ISSN:1693-3060
Bahasa:IND
Tempat Terbit:Bandung
Tahun:0000
Volume:Vol. 0 Issue 2 0000
Penerbit:Program Pasca Sarjana Universitas Padjadjaran
Frekuensi Penerbitan:1
Penulis:Erika Magdalena Chandra
Abstraksi:Human Rights Enforcement always becomes international affair. It can be seen from Preamble of United Nation where it is included. It makes the violation against the Human Right become an international affair. In that case, the violation against Human Right will remain as international affair. In this kind of situation, it is possible way why the courts where establish in order to examine to verdict the violation cases against the Human Rights, whether for some particular and temporary cases such as International Tribunal for the Former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) and also the courts that are establish for the permanent cases such as International Criminal Court (ICC) which is based on the Rome Statute. On the tenth paragraph of Preamble of the Rome Statute it was emphasized that the [CC jurisdiction is the complement substantial of national court jurisdiction. Regarding to that issue, on November 23th, 2000, the government of Indonesia legitimated the Law Number 26 of 2000 about Human Rights Court. According to the explanation of Article 7 the Law of Human Rights Court, this constitution adopted Article 6 about Genocide and Article 7 about Crimes against Humanity in Rome Statute, which is on Article 8 and 9. But on the explanation of article 9 point (a) the Law of Human Rights Court mentions that the term murder is a murder as mention on Article 340 Criminal Code. Hence, considering the inconsistence of the Law of Human Rights Court, there appeared some legal conflicts of how the establishment background in forming the Law of Human Rights Court? And how about the prospect of Indonesia to access the Rome Statute after the establishment of the Law of Human Rights Court? Based on the research for this thesis, it can be concluded that the establishment background of the Law of Human Rights Court are some consideration that firstly the Heavy violation against Human Right is: extra ordinary crimes and it impact broadly to the national and international element and it is not criminal act that is mention in Criminal Code. Secondly, for the
Kata Kunci:Aksesi Statuta Roma International Criminal Court; UU No.26 Thn 200; Pengadilan HAM
Lokasi:p. 227
Terakreditasi:belum