URGENSI PERTANGGUNGJAWABAN KOMANDO (COMMAND RESPONSIBILITY) DALAM MILITER TERHADAP PELANGGARAN HAM BERAT

In the military world, there is a rule that unit commanders are responsible for the actions taken by their subordinates in carrying out their duties, including in the event of violations during war. In fact, there are still some things that cannot be used as reasons for command responsibility, because of this, the author formulates 2 problem formulations as a basis for writing, namely How is command responsibility in the military scope and How is the state responsible for gross human rights violations that occurred in Indonesia in the East Timor Case. By using a normative legal research type with a literature study data collection technique. The approach used in this study is the statute approach and the case approach. The results of this study are that not all subordinate errors can be included in command responsibility at least borne by the superior or unit commander. This is because command responsibility must at least meet several elements including, the existence of a superior and subordinate relationship, the superior's knowledge of the crimes committed by his subordinates, and the existence of a failure to act, namely actions that failed to be taken to prevent, punish and stop criminal acts committed by his subordinates. With the provisions of the conditions as above, the government should be more consistent in determining the causes and applicable regulations and there needs to be additional articles regarding command responsibility, human rights and serious human rights violations