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All Journal Mimbar Keadilan Jurnal Hukum IUS QUIA IUSTUM Pembaharuan Hukum PROCEEDING ICTESS (Internasional Conference on Technology, Education and Social Sciences) Jurnal Hukum Bisnis Bonum Commune Surakarta Law and Society Journal Jurnal Hukum Sasana JURNAL USM LAW REVIEW Journal of Judicial Review SUPREMASI Jurnal Hukum Refleksi Hukum: Jurnal Ilmu Hukum Jurnal Ilmu Hukum: Alethea
Jeferson Kameo
Universitas Kristen Satya Wacana
Humanities Computer Science & IT Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Mimbar Keadilan

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Two Settlement Pathways for Gross Violations of Human Rights Based on The Dignified Justice Theory Prasetyo, Teguh; Kameo, Jeferson
Mimbar Keadilan Vol. 17 No. 2 (2024): Agustus 2024
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v17i2.9394

Abstract

Settlement of gross violations of human rights might be pursued by choosing two “paths” provided. The first “path” is via the Human Rights Court. This route is also called litigation settlement. The second path is an alternative “path”, and has been coined as the out of the Human Rights Court settlement. The problem is the Constitutional Court states that the alternative “path” as referred to in the Explanation of Article 47 of the Law on Human Rights Courts is contrary to the Constitution. As a result of the issuance of the Constitutional Court decision, the alternative “path” seems to be in a state of limbo, and this presupposes a legal issue of the lack of clarity on the meaning of a formulation of the applicable statutory provisions. In this paper, it is argued that Article 47 of the Law on Human Rights Courts still recognizes two “paths” for solving or settling cases of gross violations of human rights in the Pancasila legal system. The research method used in this paper is normative legal research, often known as the pure legal research method. It examined the primary legal materials. The theory used for understanding and explaining the problem is the Dignified Justice theory, the Indonesian Jurisprudence.
Co-Authors Achmad Noerkhaerin Putra Alsabilla, Fadilla Putri Anggraeni, Rinastiti Dwi Christina Maya Indah Susilowati Hotan, Exwin Agustinus Nasution, Resy Desifa Prasetyo, Teguh Rawni Arndarnijariah, Faqi Sinaga, Dahlan Teguh Prasetyo Tri Astuti Handayani