Siyasatuna Jurnal Ilmiyah Mahasiswa Siyasah Syariyyah
Vol 5 No 3 (2024): SIYASATUNA

PENERAPAN ASAS RETROAKTIF DALAM PELANGGARAN HAK ASASI MANUSIA

Ramadani, Fitri (Unknown)
Halimang, St (Unknown)
Risal, Chaerul (Unknown)



Article Info

Publish Date
12 Sep 2024

Abstract

This research aims to describe the application of the Retroactive Principle in Human Rights Violations. The assertion of human rights in Indonesia experiences a very definite dilemma in law enforcement considering the many past human rights violations that have not been resolved. Thus, this research uses a type of library research with a normative juridical approach and a syar'I approach. This data collection method involves studying several primary data sources extracted from scientific works, documents and relevant books. The research results show that the retroactive principle is a principle or legal principle that can be implemented in upholding human rights, with 4 cumulative conditions, namely: 1) The criminal act committed is a serious human rights violation; 2) the nature of justice must be international; 3) justice is ad-hoc; 4) the government's inability to prosecute crimes, both in terms of cruelty and damage.

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Journal Info

Abbrev

siyasatuna

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Siyasatuna Jurnal Ilmiyah Mahasiswa Siyasah Syariyyah is a journal that publishes works with lecturers and students from the results of research carried out to complete an undergraduate thesis. Islamic Constitutional Law Islamic International Law Islamic law Islamic ...