Legal Liability for Crimes against Humanity as A Form of Human Rights Violation (Criminal Law Perspective)

Abstract

Moluccas is known as its “Pela-Gandong” culture, an old tradition where the local community live together hand in hand compassionate and respecting each other, maintaining kinship relation. Cases of Human Rights violation in 1999 and 2011 in Ambon have brought serious damage to the kinship relation of local community in Ambon. This study aims to examine and discuss legal responsibility for violence against humanity as a form of Human rights violation. This study used some approaches as legislations, case based approaches, and conceptual approaches. This study shows that criminal system in Indonesia is based on individual responsibility, however, the action done by a group or an organization is a crime against humanity. Legal responsibility for crimes against humanity as a form of Human Rights violations like what happened in Moluccas can be charged to the leader or the officials in the form of imprisonment. Meanwhile, punishment or sanction to the organization must be in the form of organization dissolution.

Keywords

• legal responsibility/liability
• crime against humanity
• criminal law