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All Journal terAs Law Review: Jurnal Hukum Humaniter dan HAM Journal Customary Law
Tulia, Arter Lukas
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Law, Crime, Criminology & Criminal Justice

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EKSISTENSI PENGADILAN HAM DALAM PENANGANAN PELANGGARAN HAM APARAT PENEGAK HUKUM TERHADAP KELOMPOK KRIMINAL BERSENJATA DI PAPUA: EXISTENCE OF HUMAN RIGHTS COURTS IN HANDLING HUMAN RIGHTS VIOLATIONS BY LAW ENFORCEMENT OFFICERS AGAINST ARMED CRIMINAL GROUPS IN PAPUA Tulia, Arter Lukas
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 7 No. 2 (2025): November 2025
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/5f40e864

Abstract

The protection of the rights of life of humans is part of the category of non-derogable rights, namely rights that cannot be reduced. the existence of a separatist movement or KKB in Papua is considered an act of human rights violation, but in handling it through law enforcement officials resulted in not a few KKB members losing their lives, which for these actions is also a gross human rights violation.  To analyze and find out about gross human rights violations by law enforcement officials against KKB members in Papua and the role and existence of the Human Rights Court in handling gross human rights violations. This research uses normative juridical legal research methods, because the topic studied can be resolved through analysis of secondary data or literature sources, without requiring primary data collection. The right to life in its regulation is contained in the provisions of the 1945 Indonesian Constitution, Law Number 39 of 1999 and Law Number 12 of 2005. The existence of the KKB in Papua is in fact a violation of human rights, but its handling by law enforcement officials, in fact, is not carried out through legal procedures, namely through the process of investigation, prosecution and court hearings, but unscrupulous law enforcement officials have in fact taken action to violate human rights by eliminating the lives of several KKB members. the existence of a human rights court until now has not optimally carried out its function to take action and prosecute the perpetrators of human rights violations both KKB members and law enforcement officials involved in eliminating the lives of several KKB members.
Ultra Vires of the District Court in the Annulment of State Regulations Tulia, Arter Lukas
Journal Customary Law Vol. 2 No. 4 (2025): September
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v2i4.4876

Abstract

This study discusses the ultra vires phenomenon carried out by the District Court in canceling state regulations, a legal product of a traditional village in Central Maluku. This study highlights the provisions on the division of absolute and relative authority in the Indonesian judicial system based on Law Number 48 of 2009 concerning Judicial Power, and examines the position of state regulations according to Law Number 12 of 2011 concerning the Formation of Legislation and Law Number 3 of 2024 concerning Villages. By using normative legal research methods through case, statutory, and conceptual approaches, this study finds that state regulations are part of laws and regulations that have binding legal force because they are formed based on the authority and provisions for the formation of laws and regulations. However, the practice of canceling state regulations by the District Court, as in the case examined and tried and decided by the Ambon District Court, is an ultra vires act because the authority to test regulations under the law lies with the Supreme Court. This study emphasizes the need for consistency in the application of judicial authority for the sake of legal certainty and protection of the rights of indigenous peoples.
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