I W. DIANASARI, MAHARAN (2009) KAJIAN KRITIS IMPLIKASI YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 006/PUUIV/2006 TENTANG PEMBATALAN UNDANG UNDANG KOMISI KEBENARAN DAN REKONSILIASI. Other thesis, University of Muhammadiyah Malang.
Kajian_Kritis_Implikasi_Yuridis_Putusan.pdf - Published Version
Download (89kB) | Preview
In 2004 appeared Law. 27 year 2004 about the TRC has a mandate for disclosure of the truth, the completion of past human rights violations and reconciliation. The provisions in this TRC for victims' rights compliance require amnesty clause granted to perpetrators of granting reparations to victims. So a number of NGOs, victims groups moved to conduct a judicial review of Article 27, Article 44 and Article 9 paragraph (1) which is considered contrary to the constitution. December 2006 the Court gave the verdict to the case number 006/PUU-IV/2006 that the Court grant the petition of the applicant, stated the TRC Act against the constitution and the TRC Law does not have binding legal force. The problem raised is how the juridical implications of the Constitutional Court Decision 006/PUU-IV/2006 against human rights violations are severe in the past, and opportunities for victims of gross human rights abuses of the past to get the repairs right after the Constitutional Court Decision No. 006/PUU-IV/2006. Research using this method normative juridical approach, which is done by examining how the library. To obtain the data used three sources of law that is the primary legal materials, secondary legal materials, tertiary legal materials, such as the dictionary of law. Secondary data and primary data results are analyzed quantitatively, and then conducted a comprehensive discussion. Juridical implications of the Constitutional Court Decision No. 006/PUU-IV/2006 is the loss of the legal framework for fulfilling the rights of victims; loss of the spirit of truth and sustainability of the practice of impunity; weakening settlement mechanism past human rights violations; covert amnesty for perpetrators; no alternative resolution mechanism gross human rights violations of the past. Opportunity for the victim to gross human rights violations past the use of Act No. 26 of 2000, and Regulation No. 3 Year 2002 on About Compensation, Restitution and Rehabilitation of Victims of Serious Human Rights Violations, and also the path of reconciliation. In making the formation of the new TRC Act, the government needs to involve the community to take part in providing input and suggestions for the realization of the TRC Law in accordance with the Constitution of 1945.
|Item Type:||Thesis (Other)|
|Subjects:||K Law > K Law (General)|
|Divisions:||Faculty of Law > Department of Law|
|Depositing User:||Anwar Jasin|
|Date Deposited:||09 May 2012 04:16|
|Last Modified:||09 May 2012 04:16|
Actions (login required)