ANALISA YURIDIS PENCABUTAN HAK MEMILIH DAN DIPILIH SEBAGAI PIDANA TAMBAHAN DALAM PERSPEKTIF PERLINDUNGAN HAK ASASI MANUSIA PADA PUTUSAN RATU ATUT CHOSIYAH
Abstract: The idea on this jurnal
is the analyzing of the rule regarding the disenfranchisement as an additional
sentence in the perspective of Human Rights protection on RatuAtutChosiyah’s
verdict, which is based on the conflict of norm between Law Number 39 Year 1999
Regarding The Human Rights (UU HAM) jo., Law Number 12 Year 2005 Regarding The
Ratifcation of ICCPR (UU ICCPR) against LawNumber 1 Year 1946 Regarding
Indonesian Criminal Code jo., Law Number 31 Year 1999 Regarding The Eradication
of Corruption Act. The Method forthis research is normative legal research due
to the conflict of norms based above mentioned. Thus the additional sentences
which were given by the judgesof Supreme Court isstill tend to
premature/unlawful from the perspective of Human Rights Regulation in Indonesia.
In order to prevent the futurepremature/ unlawful of additional sentence of
disenfranchisement whichgiven by the judges,a condition is required by UU
ICCPR, it is the offcial emergencyannouncementof the state due to corruption by
the Government.
Penulis: I Wayan Dharma Na
Gara
Kode Jurnal: jphukumdd160335
