PENEGAKAN PELANGGARAN HAK ASASI MANUSIA (HAM) BERAT DALAM POLITIK HUKUM DI INDONESIA: STUDI KASUS TIMOR TIMUR

Abstract

The essence of Human Rights (HAM) is an effort to maintain the safety of human existence as a whole through a balance between individual interests and public interests. One of the cases of gross human rights violations in Indonesia is the case in East Timor, which has prompted the international community to establish an international tribunal for the perpetrators. The urge for an international tribunal, especially for the gross human rights violations that occurred in East Timor, is getting stronger and even the UN High Commission has issued a provision to disclose the possibility of serious human rights violations in East Timor. The purpose of this study is to examine the enforcement of human rights violations in East Timor in Indonesian political law. The results of this study indicate that in the East Timor case, many of the defendants became the constitution or laws as legal shields. On the other hand, the slow and even delayed judicial process was the result of factors and the legal system that was not developed seriously, thus proving that at that time the government worked not based on awareness, but because of the strengthening or weakening of public pressure.