PENEGAKAN HUKUM HAK ASASI MANUSIA DALAM KAITANNYA DENGAN IMPUNITAS DAN REPARASI TERHADAP KORBAN

Abstract

This research discusses about the enforcement of the gross violations against Human Rights in relation to impunity and reparations for victims. Methods that is used for this research is normative juridical/doctrinal where the law serves as a norm (Law in book) is by way of literature, see the law as a function of the norm. The approaches which are taken are the Law Approaches (Statute Approaches), Conceptual Approaches, and the Case Approach. Accountability and the rule of law of the case in May 1998 riots serve as examples of the many cases of gross violations of human rights. This research is aimed to determine whether there is an impunity for the perpetrator and the presence or absence of the reparation that should be received by victims of riots in May 1998. The results showed that the government has not fully implemented the provisions in Statute Number 26/2000, this is evidenced by the perpetrators’ accountable in May 1998 riots that unfinished to all parties involved. The government acted like discontinue this case by not forming the Ad Hoc Human Rights Court and the lack of reparations for the victims.