Reconstruction of protection of severe human rights violations victim in Indonesia

Abstract

Severe human rights violations always cause many victims. Settlement of human rights violations often does not side with the victims, the state's attention is more focused on the perpetrators. Various laws and regulations in Indonesia actually regulate the protection of victims of human rights violations, but there are some weaknesses contained in these laws as the system is currently unable to solve various human rights offense. Based on the matters described above, there must be a change to the current Human Right Protection in Indonesia as currently the system can not solve the many problems that rises therefore the author propose a research as presented in this article with the problems discussed to what are the Weaknesses in the Indonesia's Current Protection Policy for Victims of Human Rights Violations and How to Reconstruct Policies for Protection of Victims of Serious Human Rights Violations in Penal Law Based on Islamic Legal Values using Socio-Legal research approach and hermeneutics, which is based on legal norms and the theory of the existing legal enforceability. Thus in the writing of this article researchers used the approach of Socio-Legal by reviewing the juridical law from the standpoint of sociology and Hermeneutics.
Research shows that granting compensation and restitution to victims is given if there is a decision from the court which states the perpetrator are guilty of committing human rights violations first, even though the case is already recognized as a human rights violation. To solve this the current law on human rights in Indonesia must be reconstructed to accommodate, especially in restitution and compensation.