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Juridical Analysis OF Commando Accountability in Law No 26 of 2000 Concerning Human Rights Court Suwito Suwito; Zonita Zirhani Rumalean; Wahyudi BR; Julisa Aprilia Kaluku
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

Command responsibility is essential in international human rights enforcement, namely the 1998 Rome Statute. This is also regulated in Article 42 of Law No. 20 of 2000 on the Human Rights Court. Along the way, there are several areas for improvement in Law No. 20 of 2000 concerning the Human Rights Court, namely mistranslations, interpretations and unclear norms relating to command responsibility. This study aims to: (1) To be able to identify and analyze the Command Responsibilities in Law No. 26 of 2000; and (2) To be able to find out and analyze the comparison of Law No. 20 of 2000 on the Human Rights Court and the 1998 Rome Statute of command responsibility. This research is classified as normative research with a philosophical and analytical approach. Materials are collected through document studies and then analyzed prescriptively. The study results show that the Command Accountability in Law Number 26 of 2000 concerning the Human Rights Court has several weaknesses, interpretations and unclear norms related to command responsibility. Therefore, it is necessary to synchronize the 1998 Rome Statute with the Elaborated Approach, namely by adopting the provisions in the Rome Statute, which are elaborated with the National Legal Interest.
PERAN BAWASLU KOTA JAYAPURA DALAM PENEGAKAN HUKUM PRMILIHAN UMUM LEGISLATIF 2024: STUDI KASUS TINDAK PIDANA PEMILIHAN UMUM LEGISLATIF DI KOTA JAYAPURA Ardian Rahman; Suwito Suwito; Maria Yeti Andrias; Najamuddin Gani; Wahyudi Wahyudi
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 5 No. 7 (2026)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/sibatik.v5i7.5269

Abstract

This study analyzes the role of the Jayapura City Election Supervisory Body (Bawaslu) in enforcing election law during the 2024 Legislative Election, particularly in handling alleged election crimes, and identifies the obstacles affecting its performance. The study employs normative legal research supported by an empirical approach. The normative analysis examines the statutory framework governing Bawaslu, election violations, and the handling of election crimes, while the empirical component examines implementation through observation, interviews, and document analysis. The findings indicate that Bawaslu Jayapura City performed its role through prevention, supervision, receipt and examination of reports and findings, violation handling, and coordination with the Integrated Law Enforcement Center (Gakkumdu). Five alleged criminal violations were identified from supervisory findings and public reports. Their handling was subject to formal and material verification, substantive assessment, and inter-agency coordination. The main obstacles were limited human resources, strict time limits, evidentiary difficulties, uneven public understanding of reporting procedures, and differences in legal interpretation. Strengthening institutional capacity, participatory supervision, evidence management, and Gakkumdu coordination is therefore necessary to improve election law enforcement.