TINDAK PIDANA HAM: KAJIAN HUKUM NASIONAL DAN INTERNASIONAL ATAS KASUS WASIOR & WAMENA

Abstract

The criminal act of violating Human Rights (HAM) is an extraordinary crime, as regulated in national and international law. This research aims to explain the concept of human rights crimes based on Law Number 26 of 2000, analyze national and international legal regulations, and test both important cases, namely Wasior (2001) and Wamena (2003). Through a juridical-normative approach and literature study, the study found that the two events fulfilled the elements of crime against humanity, due to widespread and systematic attacks on civilians, in the form of torture, arson, forced disappearance, sexual violence, to the burning of residents' houses. Although the National Human Rights Commission has indicated serious human rights violations, the legal process stopped due to political constraints and differences of views between the National Human Rights Commission and the Attorney General. This study emphasizes the need to strengthen the Human Rights Court mechanism, a stronger commitment, and the harmonization of national law with international standards so that the handling of serious human rights violations can be effective and accountable.