Persekusi Dalam Perspektif Hukum Positif Indonesia

Abstract

This article is titled “Persecution in Criminal Law Perspective in Indonesia”. The writing of this thesis refers to the normative juridical research method by using a legal and conceptual approach that is associated with several national laws such as, Law Number 1 of 1946 concerning Criminal Law Regulations, Law Number 26 of 2000 concerning Human Rights Court, Law Number 40 Year 2008 concerning the Elimination of Discrimination and Race, and Law Number 5 Year 2018 concerning Eradication of Criminal Terrorism. This study aims to determine the actions that are qualified as persecution in criminal law and criminal liability against perpetrators of persecution. This research shows that persecution is a criminal offense by fulfilling elements of general criminal rules and special crimes related to the qualification of criminal acts. In Indonesia, criminal liability for perpetrators there is still no specific regulation governing the imposition of criminal sanctions, so that liability is contained in separate regulations which cause overlapping of each of the regulations. Every legislation related to the persecution has different differences, such as the form of actions and motives for their actions. Based on this research, the government as a protector and guarantor of the rights of its citizens needs to specifically regulate persecution for the sake of legal certainty in a country.