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All Journal Ensiklopedia Social Review Ensiklopedia Research and Community Service Review
Triadi Triadi
Fakultas Hukum Universitas Ekasakti
Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Electrical & Electronics Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mechanical Engineering Social Sciences Other

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PENANGANAN KASUS PELANGGARAN HAM BERAT DI TIMOR TIMUR DALAM PROSES PERADILAN PIDANA DI INDONESIA Triadi Triadi
Ensiklopedia Research and Community Service Review Vol 5, No 3 (2026): Vol. 5 No. 3 Juni 2026
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/err.v5i3.3959

Abstract

Abstract: The rulings regarding these three case files (with the exception of the Eurico Gutteres case) generally demonstrate that the ad hoc human rights court failed to determine who bears responsibility for the gross human rights violations in East Timor. These rulings mirror the pattern seen in three previous cases: an apparent tendency to scapegoat civilians for crimes against humanity in East Timor while shielding military personnel from accountability. The court failed to properly grasp and apply the concept of command responsibility—holding commanders or superiors accountable for events within their jurisdiction in East Timor—thereby failing to set a positive precedent for future human rights trials. These rulings pose a serious threat to the enforcement and protection of human rights in Indonesia and further indicate that the existing legal system has failed to combat crimes against humanity. Furthermore, the court failed to deliver justice to the victims of gross human rights violations in East Timor by neglecting their rights to reparation—specifically compensation, restitution, and rehabilitation—in its verdicts. These failures are also attributable to the public prosecutor's inability to effectively prove the charges and a lack of seriousness in carrying out their duties.Keywords: Violations, Gross Human Rights Violations, East Timor, Criminal Justice
PERKEMBANGAN KESALAHAN DAN KEMAMPUAN BERTANGGUNGJAWAB DALAM PANDANGAN HUKUM PIDANA FORMIL Triadi Triadi
Ensiklopedia Sosial Review Vol 7, No 1 (2025): Volume 7 No 1 Februari 2025
Publisher : Ensiklopedia Social Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v7i1.2916

Abstract

Abstract: the ability to be responsible must exist: a) The ability to differentiate between good and bad actions in accordance with the law and those that are against the law; and b) The ability to determine one's will according to awareness of the good and bad of the action. An error is deemed to exist if intentionally or through negligence an act has been committed which causes a situation or consequence prohibited by criminal law and is carried out with responsibility. A person makes a mistake, if at the time of committing the offense, it is seen from the perspective of society. In this way, according to him, someone gets punished depending on two things, namely: there must be an act that is contrary to the law, or in other words, there must be an element of unlawfulness, so there must be an objective element, and for the perpetrator there is an element of error in the form of intent and/or negligence, so that the unlawful act can be held accountable to him. So there is a subjective element. No excuses. The relationship between the perpetrator and his actions is determined by the responsible ability of the perpetrator. The reason for forgiveness concerns the person of the perpetrator, in the sense that the person cannot be blamed or he is innocent or cannot be held responsible, even though his actions are against the law. On the other hand, there are reasons that eliminate the perpetrator's guilt, so that he is not punished.Keywords: Error, Ability, Formal.
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