ANALISIS KASUS PEMBANTAIAN DUKUN SANTET NINJA BANYUWANGI TAHUN 1998 DALAM PENEGAKAN HAK ASASI MANUSIA

The Banyuwangi Witchcraft Massacre case in 1998 occurred 25 years ago, but until now the progress of this case is still unclear. Komnas HAM as the authorized institution is still waiting for a response from the Attorney General and the President, so the author conducted research that focuses on the Urgency of State Responsibility in Upholding Human Rights. This research was carried out because up to now the State is still focused on non-judicial settlements, where judicial settlements must be carried out immediately in order to fulfill the State's responsibilities, therefore in this research the responsibilities that must be fulfilled by the State are presented as stipulated in the Human Rights Law in relation to both national and international and then analyzed to get answers to the problems that are used as the focus point by the author. This research was conducted because the rights of victims guaranteed by the state have not been immediately fulfilled. So, in this research, it raises problems regarding the enforcement of human rights which must be immediately enforced as strictly as possible. This research uses a normative juridical method using a Statutory Approach. The legal material collection technique uses literature study, case analysis of Positive Law in Indonesia as well as additional international human rights as secondary data. The research results show that based on national and international human rights laws, the rights of victims have not been fulfilled, the state's responsibility for the laws that have been issued have not been fulfilled and the state has made an international promise to the United Nations to uphold human rights. The conclusion of this research is that enforcement of human rights must be carried out as quickly as possible through a judicial process in order to fulfill the rights of victims, reveal the perpetrators or masterminds and fulfill the responsibilities that have been guaranteed and promised by the state. From the research results above, suggestions are obtained, namely that the State must uphold human rights as quickly as possible through judicial channels and make constitutional improvements, especially in adopting Article 30 of the Rome Statute in its entirety.