REFORMULASI SANKSI PIDANA DISKRIMINASI RAS DAN ETNIS DI INDONESIA

Abstract

Law Number 40 of 2008 concerning the Elimination of Racial and Ethnic
Discrimination, actually the law against acts of racial and ethnic discrimination can prevent
and accommodate a person. In practice, cases of racial and ethnic discrimination have
increased every year. In data taken from the National Commission on Human Rights (Komnas
HAM), there were at least 188 complaints. Where in 2021 there were 44 complaints.
Therefore, as an effort to tackle increasing racial and ethnic discrimination, and reflecting on
the Albanian state and the importance of creating a new paradigm, it is necessary to
reformulate criminal sanctions as stipulated in Article 16 of Law Number 40 of 2008
concerning Elimination of Racial and Ethnic Discrimination to present laws that are more
appropriate in responding to the needs of modernization. The purpose of this research was to
find out the arrangement and application of racial and ethnic discrimination criminal
sanctions in the Indonesian legal system, as well as to form the idea of reformulation of
appropriate sanctions against racial and ethnic discrimination crimes in Indonesia..
This research is normative legal research supported by secondary data, carried out by
making library materials the main focus. Also called doctrinal legal research, namely legal
research that uses data based on library research by taking quotes from reading books, or
supporting books that have something to do with the problem to be studied. Thus, this study
uses secondary data sources consisting of primary, secondary, and tertiary legal materials.
This study also uses qualitative data analysis and produces descriptive data.
From the results of the discussions and research conducted, several conclusions were
obtained, namely: First, the provisions and sanctions for criminal discrimination as
stipulated in Article 16 of Law Number 40 of 2008 concerning the Elimination of Racial and
Ethnic Discrimination are no longer implemented and do not consider the impact of
psychological violence that can be worse than physical violence and is still very weak when
compared to other countries such as the Republic of Albania and the United States. In the
end, the existing sanctions become an obstacle in projecting law as a social engineering tool
that is just and beneficial to society. In practice, this has created a gap between das sollen
and das sein in the application of racial and ethnic discrimination criminal sanctions in
Indonesia. Second, the reformulation of criminal sanctions in the form of limiting sanctions
and adding criminal sanctions to imprisonment and fines, as well as the existence of
treatment and/or treatment in the form of rehabilitation is an idea that was prepared by
taking into account the outlook on life, awareness and legal ideals, as well as the philosophy
of the Indonesian nation which originates from Pancasila and Preamble to the 1945
Constitution of the Republic of Indonesia.
Keywords: Ideas - Criminal Sanctions – Racial and ethnic discrimination