Implementasi tanggung jawab negara terhadap pelanggaran HAM berat paniai perspektif teori efektivitas hukum Soerjono Soekanto

Huda, Muhammad Miftakhul, Suwandi, Suwandi and Rofiq, Aunur ORCID: https://orcid.org/0000-0001-9823-040X (2022) Implementasi tanggung jawab negara terhadap pelanggaran HAM berat paniai perspektif teori efektivitas hukum Soerjono Soekanto. IN RIGHT Jurnal Agama dan Hak Azazi Manusia, 11 (1). pp. 115-134. ISSN p-ISSN: 2089-6034 e-ISSN: 2810-0263

Preview

Text 11252.pdf - Published Version Available under License Creative Commons Attribution Share Alike. Download (240kB) | Preview

Abstract

In Indonesia, cases of human rights violations have occurred since the reign of the Old Order, the New Order, and even the current reform era. In the case of human rights violations in Indonesia, there are several cases of gross human rights violations that have not been resolved until now. Here, one of the cases of gross human rights violations that has not been resolved until now and the author wants to raise is the case of Paniai Papua's human rights. The focus of this paper is related to the implementation of the state in the responsibility of protecting, respecting, and fulfilling human rights in the case of Paniai human rights violations from the perspective of the theory of legal effectiveness. The research method used in this study is a juridical-normative approach, which examines the law from the historical and formal legal aspects. This study uses library data, while the data source is secondary data, namely data obtained through library materials by collecting from various reading sources related to the problem being studied. The research in this paper is a qualitative descriptive analysis. The result of this paper is the state as the holder of the highest sovereignty in implementing the responsibility for respecting, protecting, fulfilling human rights by establishing laws and regulations related to human rights and the Human Rights Court or the Human Rights Court. The implementation of the state's responsibility in respecting, protecting, and fulfilling cases of gross human rights violations in Paniai with the existence of laws and regulations on human rights and the human rights court so far has not been said to be effective because the case has not been resolved until now by looking at the factors that can be used as a measure. the effectiveness or not of such a law.

Item Type:	Journal Article
Keywords:	state responsibility; serious human rights violations; legal effectiveness
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180114 Human Rights Law
Divisions:	Graduate Schools > Magister Programme > Graduate School of Islamic Economics
Depositing User:	Ph.D Aunur Rofiq
Date Deposited:	12 Jul 2022 09:02

Downloads

Origin of downloads

Actions (login required)

View Item