PERLINDUNGAN HUKUM BAGI KORBAN TINDAKAN DISKRIMINASI RASIAL MENURUT INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (ICERD) 1965 DAN IMPLEMENTASI DI INDONESIA

Abstract

ABSTRACT

Racial discrimination is a human rights violation that still occurs in Indonesia even though it has been regulated in international legal instruments through the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 1965 and ratified by Indonesia into Law Number 29 of 1999, but in its implementation there are still many racial discriminations both in Indonesia and abroad. Problem formulation: 1) How is the legal protection for victims of racial discrimination according to ICERD 1965? 2) How is the implementation of legal protection for victims of racial discrimination in Indonesia?. he research employs a normative legal approach relying on secondary data. The data sources consist of primary, secondary, and tertiary legal materials, which were gathered through document analysis studies or literature studies, and data analyzed qualitatively. Research results: 1) ICERD 1965 has regulated legal protection comprehensively through the principles of non-discrimination, equality, and state responsibility, 2) The implementation of legal protection in Indonesia has not been optimal even though there is preventive and repressive legal protection, but law enforcement is still weak and protection and recovery of victims are still ineffective. Therefore, it is necessary to strengthen the state's commitment and more effective law enforcement so that the protection of victims of racial discrimination can be implemented according to the ICERD 1965 standards.