Electronic Theses and Dissertation

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ABSTRACT Nurul Ikhwani Legal Protection for Victims Extrajudicial 2023 Killings as a Gross Human Rights Violation in Indonesia Faculty of Law Syiah Kuala University (viii, 77), pp., bibl.) Lena Farsia, S.H., M.H., LL.M. Extrajudicial Killing is human rights violation on Human Rights Law No. 39 of 1999. However, the form of extrajudicial killing as a serious human rights violation was not expalined further. The number of cases of extrajudicial killings in Indonesia that cannot be fully resolved by the government has become a serious issue. It is difficult to prove extrajudicial killings as gross human rights violations, but this action is not just an ordinary crime regulated in the Criminal Code considering that the perpetrator is a state actor or a person with an official capacity. The purpose of this paper is to explain forms of extrajudicial killings as gross human rights violations, legal protection for victims extrajudicial killings as gross human rights violation, and Indonesia's efforts to eradicate extrajudicial killings. This research uses normative legal research using secondary data consisting of primary and secondary legal materials. Primary legal materials are obtained by setting up topics, and secondary materials are obtained by reviewing relevant books and journals. The results of this study show that forms of extrajudicial killings that constitute gross human rights violations are crimes against humanity, genocide, enforced disappearances, torture, targeted killings or political assassinations, and excessive use of force with provisions fulfill the elements of murder in the Law No. 26 of 2000. The regulations to protect victims of extrajudicial killings in Indonesia, these are the Law No. 12 of 2005 on Ratification of ICCPR, the Law No. 26 of 2000, the Law No. 13 of 2006, and Presidential Decree No. 17 of 2022. Besides the written regulations, the efforts taken by Indonesia to eradicate extrajudicial killings are respecting human rights, upholding laws through accountability mechanisms, and establishment of the National Human Rights Commission, and Human Rights Court to investigate and prosecute human rights violations. It is suggested that Indonesia should establish clear regulations related to extrajudicial killings that are different from killings in the Criminal Code. Besides, in protecting the victim’s rights, the state is expected to provide compensation, restitution, and rehabilitation effectively, quickly, and promptly. So far, the efforts made by the government have not been successful. To eradicate extrajudicial killing, collaboration with related institutions and civil society is needed in upholding human rights.