Pelanggaran HAM dalam Hukum Keadaan Darurat di Indonesia (Indonesian Edition)

Synopsis: In this book, the writer expresses how Human Rights regulation in state of emergency law and the practice in the field, namely Human Rights violation such as what kind of Human Rights violation that is justified in the state of emergency law and how does Government solve Human Rights violations in those emergency situations, as well as new things that are found in the writing of this book. New things referred to as: “compensation” towards Human Rights violation victims due to the application of emergency law should be separated from legal process, but simply proved by medical team/doctor in Government appointed hospitals. Next, how should Government apply effective state of emergency law and how should Human Rights Judge consider the validation of emergency law, everything is discussed in this book. In this book, the writer also ventures to analyse Supreme Court Judicial Review free verdict on major Human Rights violations in East Timor after 1999 opinion poll and the same free verdict from Supreme Court cassation on major Human Rights violations in Tanjung Priok in 1984. This is done, remembering both cases have permanent legal power (in cracht van gewijsde). Finally, from a scientific study of writing this book, the writer advises each settlement of human rights violation in cases of state of emergency, military and war emergency in particular, it is better to be specifically handled through the Military Court with judges composition consisting of three judges from general court and two from military court, rather than through the Law no. 26 of 2000 concerning Human Rights Court that has the principles of retroactivity, no expiration, and requires a recommendation from the House of Representatives. With the principles adopted by Law no. 26 of 2000, it makes the process of resolving cases of human rights violations to be long and full of uncertainty. As a result, predictably almost all severe cases of past human rights violations were "freed" by the Ad Hoc Human Rights Court because the evidence and witness victims / keys that are brought to trial have been damaged / lost or died. (http://www.gramediainternational.com/book/detail/9789792261394)