PELAKSANAAN FUNGSI PEMANTAUAN KOMISI NASIONAL HAK ASASI MANUSIA DALAM PENYELIDIKAN KASUS PELANGGARAN HAK ASASI MANUSIA (Studi Kasus Penembakan Warga Masyarakat Oleh Anggota Polisi Di Kinali, Pasaman Barat)

WIDODO, SLAMET (2008) PELAKSANAAN FUNGSI PEMANTAUAN KOMISI NASIONAL HAK ASASI MANUSIA DALAM PENYELIDIKAN KASUS PELANGGARAN HAK ASASI MANUSIA (Studi Kasus Penembakan Warga Masyarakat Oleh Anggota Polisi Di Kinali, Pasaman Barat). Working Paper. Pascasarjana Unand. (Unpublished)

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Abstract

As specified in Code of No. 39 Year 1999 about Human right, what among others arrange about Komnas HAM, please explain that the target of Komnas HAM formed is to develop the condition of which is kondusif to straightening of, protection of HAM as according to Five Principles, UUD 1945, Charter Of United Nations Organization, and Universal Declaration of Human rights (DUHAM). To reach the target of Komnas HAM given by authority to execute Study function and Research, Counselling, Monitoring, and also Mediasi about HAM. As according to Section sound 90 sentence (1) Law HAM, Komnas HAM Indonesia Delegation of West Sumatra accept denunciating of society of Kenagarian Kinali, Sub-Province of Pasaman as for shoting a society citizen of Kinali, namely Iwan Mulyadi (IM), conducted by police member of Polsek Kinali, namely Briptu Nofrizal. Pursuant to the denunciating which push Writer to study and check execution of monitoring function run by Komnas HAM Indonesia Delegation of Sumbar covering: How execution of monitoring function by Komnas HAM in investigating the case? What recommendation submitted by Komnas HAM to case? How follow-up of recommendation of Komnas HAM referring to case. Research method weared in checking and studying this thesis is to use approach of problem by yuridis sosiologis (legal socio of research), that is approach of problem through existing theory later; then connecting him with fact or fact exist in field. As for theory used to analyze this thesis is theory told by Soerjono Soekanto about role (role). From result of this research can be pulled by conclusion, that Komnas HAM have executed monitoring function according to its role as state institute having otority investigate case which is indication as collision of HAM as entrusted in Code HAM. From result of execution of function of observations, Komnas HAM later; then release recommendation. Finally, criterion for case above is collision of ordinary HAM, because proven there no element collision of heavy HAM. As which is decanted in Section 7, UU No. 26 Year 2000 about Justice of Human right that collision of heavy human right cover badness of badness and genosida to is human. This is intention and realization of or role of role, where role relate to dynamic aspect, which owned by its Komnas HAM status as state institute; given by is investigate and also give case recommendation collision of HAM. Beside that, in role theory mention that member owning role determining wisdom size measure. Equally, Komnas HAM of rightful claimant determine criterion a case is collision of Heavy HAM, collision of HAM, or non collision of HAM. This Research also testify to investigation according to Section 1 sentence 5, Code Number 26 Year 2000 about Justice of HAM, sounding: Investigation is with refer toing investigator action to look for and find there is its his do not an anticipated event represent collision of heavy human right utilize follow up with investigation pursuant to which is arranged in this code/law. With reference to the mentioned above, earning researcher explain that investigation done/conducted by Komnas HAM (as investigator) aim to to look for evidence; there is or do not it him collision of HAM pursuant to relevant fact. Finally, recommend passed to Komnas HAM is related/relevant institution, namely Police Area West Sumatra have follow up, because perpetrator (Briptu Nof) representing its unity member have been given by action punish and sanction. On the contrary, forming of justice of Heavy HAM or justice of HAM Ad Hoc not yet been needed, because this case non including criterion collision of heavy HAM, but only collision of ordinary HAM (ordinary).

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