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IJIR Paper Template Imperial Journal of Interdisciplinary Research (IJIR) Vol-2, Issue-9, 2016 ISSN: 2454-1362, http://www.onlinejournal.in The State Responsibility for Gross Violation of Human Right During The New Order Era Ahmad Hambali1, Alma Manuputty2, Muhammad Ashri3 & 4 Abdul Maasba Magassing 1Graduate School Student of Hasanuddin University, Makassar, Indonesia 2,3,4 Graduate School Lecturer of Hasanuddin University, Makassar, Indonesia Abstract: Efforts to encourage accountability cases 1. Introduction of gross human rights violations of the past regime in Indonesia is part of measures to ensure the Constitution of the Republic of Indonesia (UUD enforcement of the rule of law and the principle of NRI) of 1945 is the main foundation of the nation protection of human rights are fully guaranteed by and the government of Indonesia to act. The basic the Constitution NRI 1945. However, post-reform to constitution explicitly set the basis of the livelihood date, these efforts were never implemented properly, of the people and the nation state of Indonesia. One fairly and worth. So that the expected substance among the many basic agreement in writing accountability can never be realized. This article will contained in the Constitution of the Republic of briefly 1) Explain the importance of law substance to Indonesia, among others, is an affirmation of state responsibility for cases of gross violations of Indonesia as a state of law (rechtstaat) according to human rights of the new order for the Indonesian the wording of Article 1 Paragraph (3) Constitution nation. 2) Describe the efforts accountability cases of NRI 1945 that "Indonesia is a law of state." Because gross violations of human rights of the new order of the constitutional mandate, the various legislation that has made post-reform. 3) Invent the ideal legal are rise to support every action in the whole life of concept of accountability cases of gross violations of the community and the state to keep rely on the law. human rights of the new order. With the use of Thus, we can conclude that there is no state law normative juridical, socio-juridical, conceptual and without the government acting under the law. Also methods of case approaches obtained results, among there is no state law if no guarantee against human others: A) State responsibility to the new order of rights because that's the obligation of government to gross violations of human rights cases has three enforce the law and guarantee the protection of aspects: philosophical, sociological and juridical. B) human rights is one of the main clauses in the basic The commitment of the state in implementing policies constitution of the Republic of Indonesia. Therefore, to account for the legal cases of the past is always the rule of law and accountability of any person or incomplete, is not optimum and likely to fail. C) The entity for violation of law and human rights (human perfect concept of accountability of the new order rights) should be one of the main agenda to be gross violations of human rights cases, especially for implemented. the case of kidnapping of activists in 1998, shooting In the case of human rights violations and even Mysterious (Peter), riots in May 1998, shooting of state crimes, including cases of gross violations of Trisakti and Talangsari 1989 forwarded the process human rights that have occurred, especially in to be resolved through judicial mechanisms of Indonesia, there is a series of state measures that human rights because most these cases have entered allegedly deliberately carried out on the new order. the early stages of the criminal justice system of the Various such cases up to now failed to escape and human rights commission investigation is stalled in accounted for fair and equitable when serious the process of investigation by the Prosecutor. As for violations of human rights are clearly still have to be cases of human rights violations in 1965, Gross accounted for according to the rules. Gross violations Human Rights Violations in Aceh (1976-1998), of human rights is one of the most serious crimes of severe human rights violations in East Timor (1975- international concern, among others because of a 1999), severe human rights violations in Tanjung violation of jus congen and hostis humani generis so Priok (1984) and Serious Violations of Human it can not be ruled out (overriding norms). Rights in Papua (1965-1998 ), settlement through the Truth for Reconciliation Commission II. DISCUSSION A. Definitions Cases responsibility of gross violations of human rights actually regulated by law in the mechanism of Imperial Journal of Interdisciplinary Research (IJIR) Page 228 Imperial Journal of Interdisciplinary Research (IJIR) Vol-2, Issue-9, 2016 ISSN: 2454-1362, http://www.onlinejournal.in legislation. Especially for cases of human rights governs the onset of a country's liability to the other violations and serious human rights violations countries that have been codified and adopted by the currently regulated by Law No. 26 of 2000 on International Law Commission Human Rights Court as a derivative of the mandate (http://www.un.org/law/ilc/introfra.htm) in the ILC of Indonesian Constitution 1945. Draft Articles on The formulation of the Constitution to guarantee State Responsibility, the ILC's 53rd Session, settlement of cases of human rights violations are Geneva, 2001. The responsibility of the state also implemented by the consent of the People's emerged from the obligation of the state (state Assembly by issuing Decree No. VIII / MPR / 2000 obligation) is not limited only to ensure the on the "Annual Report of High Institution of State at application of the rights but also ensure its the Annual Session of the Assembly of the Republic implementation (http://www.iwraw- of Indonesia Year 2000". In this assessment, ap.org/convention /obligation.htm). particularly with respect to human rights, the Responsibility and obligation of the country gave Assembly notes as follows: birth to the deliberate actions of the state in the form .... of a policy (state policy) is defined as a series of c. Case Completion of Human Rights Violations interrelated decisions taken by a political actor or group of political actors with regard to objectives Completion of cases of human rights violations that have been along ways to achieve them in a still seem slow, discriminatory, and unfinished situation where the decisions were in principle still while the practices of human rights violations within the limits of authority of power of those persist even abuse often occurs enforcement actors. One of the responsibilities of the state are efforts Human Rights. state obligations in human rights-related duties of its citizens (http://www.iwraw- The Human Rights Court Act also in line with ap.org/convention/obligation.htm). formulation of the National Medium Term The obligation of the state in carrying out the task Development Plan (RPJMN) 2015-2019 launched by rights of its citizens at least focused on three things: the new government under President Joko Widodo in the state's obligation to respect, protect and fulfill the which planned to set up a mechanism to handle the rights of every citizen. The state's obligation to presidency of past human rights violations respect human rights spread in three levels namely at However, because in cases of gross human rights the level of primary form of state obligations to violations past also has a political background, the respect the rights of citizens can not be reduced possibility of completion mix between judicial and under any circumstances (non-derogable rights), non-judicial, or political and legal as in the proposed secondary level in the form of the state's obligation establishment of human rights courts by Parliament to respect the rights of citizens who in certain even mix between judicial and non-judicial situations could be limited (derogable rights) and complementary to implement transitional justice tertiary level in the form of state obligations to achievement. respect the rights of citizens in economic, social and cultural (Richard Pierre Claude, Burns H. Weston, Figure 1 2006: 175). State of Law Doctrine and Completion of the New In the national context, the human rights Order Human Rights Violations obligations of states under Article 71, Law 39 of 1999 on Human Rights. In the article it is clearly stated that "the Government is obliged and responsible to respect, protect, uphold and promote human rights stipulated in this Law, other legislation and international law on human rights ratified by the Republic Indonesia. "The shape of the implementation of the government in the matter of human rights obligation is also made clear in Article 72 that mentions that" The duties and responsibilities of the Government includes the implementation of effective measures in the field of legal, political, economic, social, cultural, defense and security, and Cases responsibility of gross of human rights other fields”. violations arose because one of them there is a With these provisions, the post-reform responsibility of the state and the human rights government could not detach himself from the effort obligations of the state over its citizens. State to implement the accountability cases of gross responsibility is a principle in international law that human rights violations that occurred in the past, especially in the New Order regime (1965-1998). Imperial Journal of Interdisciplinary Research (IJIR) Page 229 Imperial Journal of Interdisciplinary Research (IJIR) Vol-2,
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