KEBIJAKAN HUKUM PIDANA TERKAIT PEMIDANAAN TERHADAP PEJABAT NEGARA DI BIDANG PERTAHANAN YANG MELAKUKAN KEJAHATAN TERHADAP KEMANUSIAAN SEBAGAI BENTUK PELANGGARAN HAK ASASI MANUSIA BERAT

Abstract

Regulations regarding serious human rights, especially regarding state officials in the
defense sector, are regulated in Law Number 26 of 2000 concerning Human Rights Courts,
however, in this regulation there is a problem where there is no distinction between the
imposition of criminal sanctions between state officials and the public. in general. This can
be seen in article 42 paragraph (3) which regulates the punishment of state officials in the
security sector who commit crimes against humanity. This article refers to article 37 as the
basis for the punishment of state officials.
This type of research can be classified as normative research which examines legal
principles, namely the principle of criminal responsibility. This research uses secondary data
by elaborating on primary, secondary and tertiary legal materials that are relevant to the
research topic.
Based on the results of the research, it can be concluded that firstly, the absence of
differences in the imposition of criminal sanctions between state officials in the defense
sector who commit crimes against humanity and ordinary people makes the current
regulations weak. This can be seen in Article 42 paragraphs 1 and 3 of Law Number 26 of
2000 concerning Human Rights Courts which have been the source of law for resolving
serious human rights cases and in Article 599 of Law Number 1 of 2023 concerning the
Criminal Code which has many problems in the regulations. This means reducing the
minimum criminal sentence for someone who commits crimes against humanity. Secondly, in
forming regulations it is actually necessary to consider philosophical, sociological and
juridical factors. In the case of Brigadier General TNI M. Noer Muis in the East Timor case,
he was acquitted of all charges against him and Infantry Major Isak Sattu in the Panai case
was deemed not guilty of the actions he committed, the results of this verdict show that justice
has not been implemented in society. Therefore, it is necessary to reform the criminal law in
increasing punishment for state officials in the defense sector who commit crimes against
humanity in Indonesia.
Keywords: Criminal Law Policy, Sentencing, State Officials, Crimes Against Humanity