PELAKSANAAN FUNGSI PRA MEDIASI KOMNAS HAM DALAM PEMENUHAN DAN PERLINDUNGAN HAK ASASI MANUSIA DI SUMATERA BARAT

Abstract

Based on Article 89 of the Human Rights Law, in carrying out its duties, Komnas HAM has a Mediation function. With the Pre-mediation function, it is certainly expected to provide human rights protection and resolve human rights violations within the scope of the West Sumatra Province. However, there are still many cases of human rights violations that have not been fully resolved. The formulation of the research problem is (1) How is the Implementation of the Pre-mediation Function of the West Sumatra Representative of Komnas HAM? (2) How Effective is the Pre-mediation Function of Komnas HAM in Protecting Human Rights in West Sumatra? In this thesis, the author uses a sociological legal research method, namely by conducting direct research at the Komnas HAM office. The data used in this study are primary data and secondary data. The techniques used are interviews and document studies. The data analysis technique is by expressing facts in the form of sentences. Based on the research results, the conclusion of this study is (1) The implementation of pre-mediation is carried out with the stages of introduction and building trust between the parties, identifying facts and limiting problems, identifying alternative solutions, negotiating various problems between the parties and making decisions on negotiations. (2) This pre-mediation function is considered less effective because of obstacles which can affect the implementation of the pre-mediation function.