The accuracy of the crime of genocide in the bill of kuhp 2019 according to human rights regulations

Inez Devina Clarissa and Tomy Michael
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Inez Devina Clarissa: Universitas 17 Agustus 1945 Surabaya
Tomy Michael: Universitas 17 Agustus 1945 Surabaya

International Journal of Research in Business and Social Science (2147-4478), 2022, vol. 11, issue 9, 348-355

Abstract: With regulations regarding human rights that have been regulated, norms and institutions should be able to protect humans and their rights to life so that they do not live under threat. Mainly, because the crime of genocide has been regulated by various international human rights instruments like the International Criminal Tribunal for Rwanda (ICTR), the 1948 Genocide Convention, and to 1988 Rome Statute on International Criminal Court. But facts show that cases regarding the crime of genocide are still happening. The Criminal Code as a law adopted from the Dutch-herited Criminal Code requires an appropriate codification between the awareness and legal needs of the Indonesian nation, thus requiring a new criminal arrangement to replace the old regulation. The 2019 RKUHP then emerged as a solution, but there are still many ambiguous article formulations that make the 2019 RKUHP still have to be reviewed. An example is the article regarding the crime of genocide in Article 598 of the 2019 RKUHP. Some of the weaknesses of the article are in things such as the fall of authority over the implementation of a crime and one of its regulations that the convict gets a pardon or amnesty written in Article 140. If the crime of genocide remains in the 2019 RKUHP, then a number of revisions must be made by reviewing the Rome Statute so that there is no expansion of the meaning in the article regarding the crime of genocide. Key Words:Crime of Genocide, Fundamental Human Rights, RKUHP 2019

Date: 2022
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