Aksesibilitas Pertanggungjawaban Pidana Dalam Penyelesaian Pelanggaran Hak Asasi Manusia Masa Lampau Di Era New Normal

Abstract

Abstract Criminal responsibility in resolving past human rights violations based on the retroactive principle still creates polemic, because the use of the retroactive principle is considered to violate someone's human rights. Legal certainty means that a person cannot be prosecuted based on a retroactive law as guaranteed in the legality principle stipulated in Article 28I of the 1945 Constitution of the Republic of Indonesia, Article 1 Paragraph (1) of the Criminal Code, and Article 4 of Law Number 39 Year 1999 concerning Human Rights. The era of new normal habits causes legal aspects to be adaptive including accessibility to get justice, especially for families of victims of human rights violations that cannot be resolved, especially during the Corona Virus Disease 19 (Covid-19) pandemic. The research method used is normative legal research with a statutory approach and a case approach. The results show that there must be clear limitations on the use of the retroactive principle in Article 4 and the explanation of Article 4 of the Human Rights Law, the responsibility of subordinates as stipulated in the 1998 Rome Statute should also be regulated in Law Number 26 of 2000 concerning Human Rights Courts for ensure that no perpetrator is separated from the criminal accountability process and that the Human Rights Court should have an integrated special procedural law, through reconciliation political policy as mandated by the Constitutional Court decision Number 6 / PUU-IV / 2006 as access to justice for families of victims of human rights violations, especially in the midst of the Corona Virus Disease 19 (Covid-19) pandemic. Keywords: Retroactive Principle, Criminal Liability, Settlement Human Rights Violations, Corona Virus Disease-19 Pandemic.