PERLINDUNGAN HUKUM TERHADAP KORBAN PELANGGARAN HAM BERAT DALAM SISTEM PERADILAN PIDANA

Abstract

Legal protection for victims of gross human rights violations is considered by some groups as a subject that receives sufficient legal protection by including the rights of victims in several laws and regulations. This is a form of new breakthrough in the context of providing legal protection to victims. The problem of legal protection for victims of gross human rights violations is a very basic problem because it involves the problem of protecting human rights in general. The basis for the need for legal protection for victims of gross human rights violations is: Philosophically, to be treated fairly and live in prosperity is the basic right of every human being as a member of society and a citizen. The State Constitution as well as in Law Number 39 of 1999 concerning human rights, therefore, legally speaking, victims are also obliged to be treated as befits human beings. sociologically victims have a very important role in the context of solving cases of gross human rights violations. However, in practice victims are still unable to do much in order to fight for their rights and there is even a tendency for victims to become victims again in the administration of the criminal justice system. Therefore, protection for victims of gross human rights violations is very urgent. Regulating the rights of victims of gross human rights violations in statutory regulations has indeed begun to be carried out, however, there are still many weaknesses. Even though legally the legal protection for victims of gross human rights violations has been regulated in law, at the implementation stage it has not yet been implemented in accordance with the applicable laws and regulations. This can be seen by examining the process of administering justice in cases of gross human rights violations that occurred in Indonesia, namely the cases of East Timor, Tanjung Priok and Abepura. In this case, it shows that at the implementation stage in the process of resolving cases of human rights violations in the criminal justice system, it still does not provide protection for victims of gross human rights violations. In order to formulate the concept of legal protection for victims of gross human rights violations in an effective criminal justice system, it is necessary to refer to the above declaration so that legal protection for victims of gross human rights violations in the criminal justice system in the future will be better and more effective, namely by revising the procedural law. punishment for the settlement of cases of gross human rights violations as per the procedural law contained in Law Number 26 of 2000 concerning Human Rights Courts. The revision in question is a revision related to more complete rules regarding procedural law which no longer refers to the provisions of Law Number 8 of 1981 concerning the Criminal Procedure Code, because the settlement of cases of gross human rights violations has a different character from ordinary criminal law violations.

Keywords : Victim Protection, Serious Human Rights Violation