SIHOMBING, JOSEPH HASUDUNGAN (2010) PANDANGAN KRITIS TERHADAP PUTUSAN MAHKAMAH KONSTITUSI PERKARA NOMOR 06/PUU-IV/2006 TENTANG PUTUSAN PEMBATALAN UNDANG-UNDANG NO 27 TAHUN 2004 SERTA IMPLIKASINYA TERHADAP PENYELESAIAN PELANGGARAN HAK ASASI MANUSIA BERAT DI MASA LALU. S1 thesis, UAJY.
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Abstract
Law of No. 27 Year 2004 about Truth and Reconciliation Commission has been canceled by Constitution Supreme Court. This cancelation brings consequence in solutions of gross violation of human rights past time in Indonesia can only be done through of human right ad hoc court. One of the cancelation reason is giving of compensation, restitution and rehabilitation for victim gross violation of human rights depend to giving amnesty for perpetrator of gross violation of human rights past time. Amnesty for perpetrator of gross violation of human right according to rule of international law and law of humaniter international do not be enabled so that from this side of cancelation have correctness. however that cancelation have the character of totally, so that door for solution of gross violation of human rights past time by using Truth and Reconciliation Commission become closed, though existence of the commission is expected can express the truth of past which can’t be done by court. Image of the Indonesian criminal court which is ugly to be worried of become appliance for the creation of impunity to gross violation of human rights past time and also as medium for the giving of amnesty for his perpetrator. If it does created conditions, hence litigation at the most merely creating bureaucratic justice and is progressively left by him transitional justice or substantive justice to all victim gross violation of human right.
| Item Type: | Thesis (S1) |
|---|---|
| Uncontrolled Keywords: | Transitional Justice, procedural Justice, Gross Violation of Human Rights past time, amnesty. |
| Subjects: | Ilmu Hukum > Peradilan dan Penyelesaian Sengketa Hukum |
| Divisions: | Fakultas Hukum > Program Studi Ilmu Hukum |
| Depositing User: | Editor UAJY |
| Date Deposited: | 27 May 2013 13:55 |
| Last Modified: | 27 May 2013 13:55 |
| URI: | http://e-journal.uajy.ac.id/id/eprint/1774 |
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