The Implementation of the 1998 Rome Statute in Indonesia’s National Law Through Act Number 26 Year 2000 on Human Rights Courts

DOI

10.2991/aebmr.k.200513.072How to use a DOI?

Keywords

implementation, 1998 Rome Statute, Act Number 26 Year 2000 on Human Rights Courts

Abstract

Severe human rights violations that occurred in Indonesia such as in Aceh, Papua, Jakarta, Poso and East Timor are included in the category of crime against humanity. Indonesia adopted the principles of international law into the national law, which was adjusted to the ideological values of the Indonesian nation, Pancasila, such as adopted the principle of genocide (mass eradication of an ethnic group) contained in article 6 of the 1998 Rome Statute and the principle of crime against humanity contained in article 7 of the 1998 Rome Statute. This means that the Rome Statute is partially enforced in the national law by being adoption in national legal provisions, namely through Act Number 26 Year 2000 on Human Rights Courts. The problem that arises is how the implementation of the 1998 Rome Statute in Indonesia’s national law through Act Number 26 Year 2000 on Human Rights Courts. Article 6 of the 1998 Rome Statute concerning Genocide (mass eradication of an ethnic group) and article 7 of the 1998 Rome Statute concerning crime against humanity is included in the group of gross human rights violations. Indonesia has an interest in legislating Act Number 26 Year 2000 driven by the will to fulfill the complementary principles adhered to by the 1998 Rome Statute so that in this way Act Number 26 Year 2000 concerning justice in cases of gross violations of human rights has fulfilled minimum standards of international law. The 1998 Rome Statute is an international treaty that must not be reserved at all and that the ratification of the 1998 Rome Statute is fully binding on the state of ratification so that the Indonesian government must be careful in ratifying it, but in the interests of Indonesia several principles and provisions are adopted in the 1998 Rome Statute.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Eva Arief
PY  - 2020
DA  - 2020/05/20
TI  - The Implementation of the 1998 Rome Statute in Indonesia’s National Law Through Act Number 26 Year 2000 on Human Rights Courts
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 360
EP  - 365
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.072
DO  - 10.2991/aebmr.k.200513.072
ID  - Arief2020
ER  -