PERLINDUNGAN HUKUM DAN PERTANGGUNGJAWABAN NEGARA (STATE RESPONSIBILITY) MALAYSIA ATAS TINDAKAN PETUGAS NEGARANYA TERHADAP WARGA NEGARA INDONESIA (STUDI KASUS KEKERASAN FISIK KETUA DEWAN WASIT KARATE INDONESIA)

Sharaningtyas, Yustina Niken (2008) PERLINDUNGAN HUKUM DAN PERTANGGUNGJAWABAN NEGARA (STATE RESPONSIBILITY) MALAYSIA ATAS TINDAKAN PETUGAS NEGARANYA TERHADAP WARGA NEGARA INDONESIA (STUDI KASUS KEKERASAN FISIK KETUA DEWAN WASIT KARATE INDONESIA). S1 thesis, UAJY.

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Abstract

The title of this thesis is "The Law Protection and State Responsibility towards Malaysia's State Agency's action to one of the Indonesian Citizen (a Case Study of a Torture that being had by The Chairman of Indonesia's Karate Council). The main problems are the law protection that should be given to The Chairman of Indonesia's Karate Council and the State Responsibility that should be done by Malaysia. The research method in this thesis is Normative method, which mean a research that focusing on studying the norms of Law that in force (law in the book) contain regulations which are relevant to this case. The case is a tortured that being done by four Diraja Malaysian Police to the chairman of Indonesia's Karate Council, Donald Pieter Luther Kolopita in Malaysia. International Law classified this torturing action as an International Law impeachment. Based on the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment 1987, The Principle of Protection for Foreigners and The Draft Articles on State Responsibility, the Government of Malaysia being responsible to protect the foreigners in his country, including Indonesian citizen during the stay in Malaysia. The Government of Malaysia's State Responsibility in this case is the Satisfaction with Apologetic to the Government of Republic Indonesia by phone. The implementation to this kind of State Responsibility emerging an obstacle, which is the unsatisfied reaction from the society of Indonesia, because the apology from Malaysia perceived as insufficient, towards the State Responsibility on Donald Pieter Luther Kolopita's case.

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