KEBIJAKAN HUKUM PIDANA TERHADAP PERLINDUNGAN KORBAN PERSEKUSI PADA KEGIATAN DEMONSTRASI DI INDONESIA

Abstract

Article 19 and Article 20 paragraph (1) of the Universal Declaration of Human
Rights (DUHAM). But in practice there are many irregularities that often occur, one of
which is persecution. Persecution has become a topic of discussion and is included in
Article 7.1 of the Rome Statute and is categorized as a crime against humanity. While
in Indonesia there is no positive law that clearly regulates the persecution itself. Both
regarding understanding, the rule of law and the protection of victims. And in
Indonesia, if there is a crime of persecution, only use the rules contained in the Criminal
Code. Thus causing confusion in the enforcement of the treatment and protection of
victims. This type of research can be classified as a type of normative legal research
that more specifically discusses specific legal principles, namely legal principles that
function in a narrower field of law, namely in the field of criminal law. The data sources
in this study are divided into three, namely primary legal materials, secondary legal
materials, and tertiary legal materials. The data collection technique used in this
normative legal research is the literature review method. As well as data analysis
techniques performed is a qualitative method. The results of the research conducted by
this writer are that the legal regulation regarding the crime of persecution in
Indonesian positive law stipulates that persecution is not actually a type of crime that
is regulated clearly and firmly in the Criminal Code or other laws. However, acts of
persecution can include several types of non-criminal activities that end in unpleasant
actions, threats, blackmail, torture, beatings to kidnappings which are clearly and
explicitly explained in the Criminal Code so that these actions are classified as included
in acts of persecution. The absence of clear rules regarding this persecution has led to
legal uncertainty and unclear protection for victims. Therefore, it is hoped that there
will be specific rules in Indonesia that regulate persecution, both the rule of law for the
perpetrators and legal protection for the victims of the persecution themselves.