KAJIAN YURIDIS PENYELESAIAN PELANGGARAN HAK ASASI MANUSIA(HAM) BERAT DI MASA LALU PASCA DIHAPUSNYA KOMISI KEBENARAN DAN REKONSILIASI DI INDONESIA

Abstract

The presence of the Truth and Reconciliation Commission (TRC) is a solution in resolving cases of gross human rights violations that occurred in the past. However, this institution had to come to an end through the decision of the Constitutional Court Number 006/PUU-IV/2006 which revoked the legal status of the TRC as a whole because it was deemed contrary to the 1945 Constitution. The enforcement of this decision created a legal vacuum in resolving cases of gross human rights violations in the past. Formulation of the problem: (1) What is the form and procedure for solving gross human rights violations both before and after the establishment of the Truth and Reconciliation Commission? (2) What is the legal impact after the issuance of the Constitutional Court Decision Number 006/PUU-IV/2006 concerning the Abolition of the Truth and Reconciliation Commission? The type of research used is normative juridical research. The data source used is secondary data consisting of primary legal materials and secondary legal materials, the data are analyzed qualitatively. The data collection technique is a document study. The results of the study concluded that (1) The forms and procedures for resolving cases of gross human rights violations before the establishment of the Truth and Reconciliation Commission are regulated in Law Number 26 of 2000 concerning the Human Rights Court and Perpu No.3 of 2002 concerning Compensation, Restitution and Rehabilitation of Victims of Human Rights Violations Seriously, after the formation of the TRC, the resolution of cases of gross human rights violations in the past through Law Number 27 of 2004 concerning the Truth and Reconciliation Commission (2) the legal impact that occurred after the dissolution of the Truth and Reconciliation Commission had an impact, namely that there was a legal vacuum in resolving cases of violations human rights, gross human rights violations in the past.