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<sec id="introduction">
  <title>INTRODUCTION</title>
  <p>Rights​ interpreted as right base or right main like right life and
  rights get protection . [1]Human rights man is rights owned by
  everyone​ human and is A grace from God that is obtained since born .
  According to Rajab right basic man is right human , which is attached
  to human , where man gifted reason mind and heart conscience .
  [2]Human rights man is universal, meaning right valid worldwide with​​
  still respect and maintain custom customs or culture a country. Human
  rights humans are also human lasting , that is rights owned​ every man
  since from in content until died , so that right every man must
  respected and protected by the state, the law and everyone .</p>
  <p>Rights​ man man own A principle , Principle right basic man launched
  in United Nations (UN) General Assembly in 1948. Where Human Rights
  man considered as guidelines standard for implementation enforcement
  of human rights for nations , especially those that join in the
  world's highest body , namely union nations (UN) to moment This .
  Principle This known with the “Universal Declaration of Human Rights”,
  or Statement The Universe about Rights​ Basic Human . In the Universal
  Declaration of Human Rights, Human rights man must be apply a number
  of principles , such as principle dignity and rights equivalent For
  everyone , the principle of non- discrimination , the principle on
  life , the principle of non- slavery and principles equality in front
  law . Principle This must be become focus main and applied by citizens
  in various countries in the world.</p>
  <p>In Indonesia, the regulation right basic man set up in opening The
  1945 Constitution, paragraphs I and IV , where paragraph 1 explains
  &quot; That indeed independence That is right all nation and therefore
  that , then colonization of the world must abolished , because No in
  accordance with humanity and justice .&quot; And Paragraph IV &quot;
  Then than That For to form a The Government of the Republic of
  Indonesia which protects all the Indonesian nation and all spilled
  Indonesian blood and for advance welfare general , intelligent life
  nation , and join carry out world order based on independence , peace
  eternal and justice social , then be arranged Independence Indonesian
  nationality is in a The Constitution of the Republic of Indonesia,
  which was formed in a the structure of the Republic of Indonesia which
  is sovereign of the people with based on to : Belief in the Almighty
  God, just and civilized humanity , Indonesian unity , and democracy
  led by wisdom wisdom in Consultation / Representation , and with
  realize a Justice social for all Indonesian people.&quot;</p>
  <p>Apart from the opening 1945 Constitution paragraphs I and IV,
  rights basic humans are also regulated in Article 27 to Article 34 of
  the 1945 Constitution , Article 244, Article 245, Article 598, Article
  599, Article 600, Article 601 and Article 602 of the Criminal Code No.
  1 of 2023, Law Number 39 of 1999 concerning Human Rights Human , Law
  Number 26 of 2000 concerning Human Rights Court Human , Law Number 11
  of 2005 concerning Validation Covenant International on Economic,
  Social and Cultural Rights , Law Number 12 of 2005 concerning
  Validation Covenant International on Civil and Political Rights and
  Presidential Decree No. 50 of 1993 which was then reinforced with
  Constitution Number 39 of 1999 concerning Human Rights.</p>
  <p>In the meaning regulation law right basic human rights in
  Indonesia, Human Rights man must be respected , protected and
  fulfilled by anyone including countries. Because the country as
  stakeholders obligation must realize fulfillment right basic man to
  all inhabitant without except . If individual or the country itself No
  can fulfil or in meaning limit , revoke and also reduce right every
  citizens , then matter the will stated as human rights violations
  human . In general , violation right basic man is all action somebody
  or a group of people, including agency government , which with on
  purpose or No on purpose or negligent reduce , hinder , limit and/ or
  remove in a way oppose law right basic man somebody or a groups of
  people guaranteed by law this , and not get , or worrying No will to
  obtain settlement just and correct law , based on mechanism applicable
  law .[3]​</p>
  <p>Human Rights Violations Humans in Indonesia in general divided into
  two categories , namely human rights violations and gross human rights
  violations . Human rights violations in Indonesia are regulated in
  Article 1 number 6 of the Human Rights Law man yes reads &quot; every
  action somebody or group of people including good state apparatus
  intentional and also No intentional or negligence that is oppose law
  reduce , hinder , limit , and or to pull out right basic man somebody
  or groups of people guaranteed by law this , and not get , or worrying
  No will to obtain settlement just and correct law , based on mechanism
  applicable law . &quot; Whereas in gross human rights violations are
  regulated in Article 1 number 2 jo. Chapter. 7 Constitution Number 26
  of 2000 includes crime genocide and crimes to humanity .[4]</p>
  <p>On the way history case human rights violations humans in Indonesia
  have in progress since long time good in human rights violations and
  serious human rights violations committed in time before independence
  until after independence . But in two categories human rights
  violations in Indonesia, category gross human rights violations is the
  one who has the darkest history Because involving life a man that is
  crime genocide .[5] Crime genocide (crimes of genocide) is one of the
  the most serious crimes and become attention international . Community
  international has formulate that crime This is crime international and
  become jurisdiction Court Criminal International (ICC), results the
  agreement that has been created by the community international in Rome
  in 1999 .[6]</p>
  <p>According to Peter Troboff crime genocide Alone is Crime to people
  man refers to the action murder mass with torture to body from the
  people, as a crime attack towards others. [7]In addition some scholars​
  Connection international in Indonesia wide describe that &quot; crime
  to people human being ” as a very heinous act , on a very large scale
  , which was implemented For reduce race man in a way overall .[7]</p>
  <p>In Indonesia History is related crime category Genocide Already in
  progress before independence until after independence . Some example
  case crime category genocide before independence Among them , the
  Geger Pecinan incident which occurred in 1740, the incident
  construction of the Post Road in 1808-1811. [8]In category crime
  genocide after independence a number of Among them , the Mandor
  Incident in 1943-1945 , the Westerling Massacre , [9]Apart from the
  incident The Dutch Westerlings also did massacre Rawagede which
  occurred in the village Rawagede West Java Province 1947 , murder Mass
  in Central Kalimantan follows unrest between ethnicity 1965-1966 ,
  then case East Timor 1975-1999 . From several example case crime
  category The genocide that ever happened happen in indonesia , it is
  necessary existence specific and applicable rules​ accommodate the
  sense of justice of the community after crime cruel the so that This
  can uphold human rights man especially involving dignity and honor
  individual somebody .</p>
  <p>In general specific regulation related crime genocide in Indonesia
  has just been regulated 2000 in Article 7 (a) and article 8 of the Law
  Republic of Indonesia Number 26 of 2000 Concerning Human Rights Court
  Humans . Article 7 states , &quot; Crimes genocide ” is violation
  right basic heavy human .​ And inside Article 8 states , &quot; Crimes
  genocide as meant in Article 7 is “ every the act of committing with
  Meaning For destroy or to destroy all over or part group nation , race
  , group ethnic , religious groups , with method : a. kill member group
  , b. resulting in suffering physique or heavy mental to members group
  , c. create condition life the group that will result in destruction
  in a way physique Good all over or some of them, d . forcing
  purposeful actions​ prevent birth inside​ group , and e. move in a way
  force children from group certain to other groups ”. [10]Article 8 of
  the Law Number 26 of 2000 above No arrange in a way firm When done
  crime genocide in time peace or at the time war , but only give threat
  punishment to perpetrator .</p>
  <p>In the Criminal Code ( KUHP ) crimes genesis own differences , in
  the old Criminal Code the crime genocide No own chapter specifically
  that​ explicit arrange act criminal genocide . Actions that are
  included category genocide in the old Criminal Code often categorized
  as act criminal general like murder planning , persecution heavy , or
  crime to humanity . so that Absence arrangement special This is in the
  old Criminal Code which makes enforcement law to case genocide become
  difficult .[11] Perpetrator often only ensnared with articles general
  threat​ the punishment more light compared to If There is chapter
  special For genocide . So that This will make crime genocide potential
  will done a group of people and resulted in loss of life throughout
  corners of Indonesia in the future . As is known in Islam​ teach For No
  seize life someone , in the Al-Quran Surah Al-Isra verse 33.
  Translation : &quot; Do not You killing someone who is forbidden by
  Allah ( killing him ), except with a ( reason ) that is right . Who
  was killed in a way persecuted , indeed We have give power to his
  guardian . However , do n't he ( his guardian) that ) goes beyond the
  limits in murder ( kisas ). Truly he is a person who gets help .&quot;
  Different matter his with the new Criminal Code , crimes genocide is
  orchestrated in a way specific in article 598, Law No. 1 of 2023 but
  Still has pros and cons like definition that is not consistent ,
  potential impunity and fear to principle restroactive .</p>
  <p>Based on The description above can be concluded that , in Indonesia
  the regulations related crime genocide Not yet fully walk well , many
  problems in the future if regulation This not discussed and studied​
  more continue , start from context explanation the definition until
  the fall criminal for perpetrator . The victim will Keep going No get
  a sense of justice or not comfortable if rule This only just rule
  written . as a nation that has the philosophy of Pancasila and the
  1945 Constitution in black above white is very respectful tall dignity
  and honor Humans , This is what makes writer interested For research
  and discuss related analysis law criminal to genocide as human rights
  violations in Indonesia.</p>
  <p>Based on description background behind the problem that has been
  writer described above , then​ can be identified problems that can be
  writer formulate that is :</p>
  <p>How analysis Arrangement law related genocide as violation right
  basic humans in Indonesia?</p>
  <p>How Analysis Arrangement law criminal related genocide as violation
  right basic human in indonesia in Law No. 1 of 2023 concerning the
  Criminal Code ?</p>
</sec>
<sec id="method">
  <title>METHOD</title>
  <p>Types of research This is study law normative (normative law
  research) or study law doctrinal , based on research This aiming For
  understand and analyze Arrangement law related genocide as violation
  right basic humans in Indonesia Both in Article 7 a and Article 8 of
  Law No. 26 of 2000 concerning Court right basic human beings , the old
  Criminal Code concerning Genocide and Article 598 in Law No. 1 of 2023
  concerning the related Criminal Code​ rule genocide . Research This use
  study law normative with analyze Legislation​​ and Article in categorize
  as violation crime genocide .</p>
  <p>Source material the law used in study This is material law , namely
  studies document or literature with method collect and check or to
  browse documents and literature that can give information or
  information needed by researchers . Source​ material law in study This
  shared become Primary Legal Material, consisting of among others, the
  1945 Constitution of the Republic of Indonesia , the Criminal Code ,
  Law No. 39 of 1999 concerning right basic human , law Number 26 of
  2000 concerning Human Rights Court Human , Law Number 11 of 2005
  concerning Validation Covenant International on Economic, Social and
  Cultural Rights , Law Number 12 of 2005 concerning Validation Covenant
  International concerning Civil and Political Rights and Law No. 1 of
  2023 concerning the Law Book law criminal . And materials law
  secondary explanation material primary law .</p>
  <p>In the research This do technique data collection in crime genocide
  with technique Study Bibliography . Data collection . Bibliography was
  obtained from various documents and literature Good it's the internet,
  books , works scientific journal and regulations Legislation results
  study as well as other related materials with things that are
  researched . Data obtained in study This analyzed with use method
  qualitative , namely method data analysis with method Data reduction ,
  Data collected from various source about genocide simplified and
  focused on relevant aspects​ with research , then the data is
  classified based on categories certain , such as types of legal norms
  , themes , and issues discussed . Then the data is analyzed and
  interpreted . For find meaning and context from the legal norms
  contained in material primary and secondary law .</p>
</sec>
<sec id="discussion">
  <title>DISCUSSION</title>
  <sec id="analysis-relevant-legal-arrangements-genocide-as-human-rights-violation-humans-in-indonesia">
    <title>Analysis Relevant Legal Arrangements Genocide As Human Rights
    Violation Humans In Indonesia</title>
    <p>Explanation of Article 7 a and Article 8 of the Law Number 26 of
    2000 concerning Human Rights Court Man</p>
    <p>In Article 7 (a) of the Law Number 26 of 2000 concerning Human
    Rights Court Man contains as following :</p>
    <p>Article 7</p>
    <p>Violation right basic heavy man​ includes :</p>
    <p>a. crime genocide ;</p>
    <p>b. crime to humanity .</p>
    <p>Explanation of Article 7 a of the Law Number 26 of 2000
    concerning Human Rights Court Man give jurisdiction For examine and
    judge violation right basic heavy man​ that is crime genocide . In
    the law said , crime genocide classified as Human Rights Violation
    Man gross violations of human rights which refer to standards
    international which has set in various instrument law international
    , such as Convention The 1948 Genocide and the Rome Statute of the
    Court Criminal International . In addition , crime This in a way
    firm called as extraordinary crimes ( crimes) outside normal ) which
    has an impact wide , good in a way national and also international ,
    and not including in act regulated criminal law in the Criminal
    Code.</p>
    <p>Meanwhile, in Article 8 of the Law Number 26 of 2000 concerning
    Human Rights Court Man containing as following :</p>
    <p>Article 8</p>
    <p>Crime genocide as meant in Article 7 letter a is every the act of
    committing with Meaning For destroy or to destroy all over or Part
    of the group nation , race , group ethnic , religious groups , with
    method :</p>
    <p>kill member group ;</p>
    <p>result in suffering physique or heavy mental to members group
    ;</p>
    <p>create condition life the group that will result in destruction
    in a way physique Good all over or some of it ;</p>
    <p>to force purposeful actions​ prevent birth inside​ group or</p>
    <p>move in a way force children from group certain to other groups
    .</p>
    <p>Explanation in Article 8 is description from Article 7 a, Where
    in the description arrange element related :</p>
    <p>Element Objective (Actus Reus)</p>
    <p>Element objective , or actus reus, refers to action physical
    activity performed by individuals or groups that can categorized as
    genocide . In the context of Constitution Number 26 of 2000
    concerning Human Rights Court Humans in Indonesia Article 8 in
    particular clear identify various actions included​ in category
    genocide .[12]</p>
    <p>Element subjective</p>
    <p>Element subjective in Article 8 of Law no. 26 of 2000 refers to
    Dolus Specialis ( Intention Special ). Dolus Specialis refers to the
    necessary mental elements For prove that a action is crime genocide
    . [1] In the context of law , specialization indicates that
    perpetrator No only do action physical (actus reus) but must also
    own clear intention​ For destroy or to destroy group certain .
    Actions taken in Dolus specialis No nature random or incidental ,
    but planned with objective specific . [2] Target in Dolus specialis
    description leading to group certain like group , identity ethnicity
    , race , religion, or nationality . This distinguishes genocide from
    other crimes that are not have specific targets . On the other hand
    proof of special dolus often involves​ collection evidence that shows
    that perpetrator own plan or motive for do action This . Based on
    the evidence​ in the form of document , statement witness , or
    pattern behavior that shows intention wicked has defined in chapter
    previously .[13]</p>
    <p>From the Explanation both Articles above can be concluded that ,
    these two Articles both Article 7 a and Article 8 of the Law Number
    26 of 2000 establishes runway law For handle violation right basic
    man heavy in Indonesia, especially in context crime genocide . With
    emphasis on clear definitions , as Article 7 a provides jurisdiction
    that violation right basic heavy man​ covers crime genocide and
    crimes to humanity , and Article 8 in particular specific define
    some action or Category in determine crime genocide .</p>
    <p>Advantages and Disadvantages of Article 7a and Article 8 of the
    Law Number 26 of 2000 concerning Human Rights Court Man</p>
    <p>Article 7 a and Article 8 as rule Laws in Indonesia that discuss
    about crime genocide own advantages and disadvantages in its
    implementation including :</p>
    <p>Table 1. Contents of Article 7a</p>
    <table-wrap>
      <table>
        <colgroup>
          <col width="7%" />
          <col width="21%" />
          <col width="34%" />
          <col width="38%" />
        </colgroup>
        <thead>
          <tr>
            <th>NO</th>
            <th>Aspect</th>
            <th>Excess</th>
            <th>Weakness</th>
          </tr>
        </thead>
        <tbody>
          <tr>
            <td>1.</td>
            <td>Definition and Scope</td>
            <td>Definitions in this Article About violation right basic
            man weight , including crime genocide .</td>
            <td>In his explanation Definitions in this Article too
            narrow and not covers all form possible violations​ will
            happen .</td>
          </tr>
          <tr>
            <td>2.</td>
            <td>Harmony with International Law</td>
            <td>Aligning with principles law international , improve
            credibility Indonesian law in the eyes of the world.</td>
            <td>There is n't any yet ratification to the Rome Statute ,
            so that There is uncertainty about jurisdiction
            international .</td>
          </tr>
          <tr>
            <td>3.</td>
            <td>Focus on Serious Crimes</td>
            <td>Focus attention to the most serious crimes , allowing
            more handling​ effective .</td>
            <td>Handling another case that is also important Possible
            neglected consequence too much focus narrow .</td>
          </tr>
        </tbody>
      </table>
    </table-wrap>
    <p>Table 2. Contents of Article 8</p>
    <table-wrap>
      <table>
        <colgroup>
          <col width="7%" />
          <col width="20%" />
          <col width="33%" />
          <col width="40%" />
        </colgroup>
        <thead>
          <tr>
            <th>NO</th>
            <th>Aspect</th>
            <th>Excess</th>
            <th>Weakness</th>
          </tr>
        </thead>
        <tbody>
          <tr>
            <td>1.</td>
            <td>Definition</td>
            <td>Give comprehensive definition​ about actions included​ in
            genocide , so that genocide enter in crime outside
            extraordinary crime that is not knowing the limits of
            jurisdiction time and place . This is give attention special
            in enforcement law national ,</td>
            <td><p>Not listed the phrase &quot; in a way &quot;
            intentionally &quot; in definition , which can to blur
            understanding about intention perpetrator .</p>
            <p>Article 8 does not confirm importance intention special
            (dolus specialis ), in understanding genocide . Without
            affirmation this , will difficult For prove that action the
            done with Meaning For destroy group certain , which is
            element key in prosecution crime genocide .</p></td>
          </tr>
          <tr>
            <td>2.</td>
            <td>Proof</td>
            <td>Definition and elements genocide in Article 8 of the Law
            Number 26 of 2000 concerning Human Rights Court set up For
            in harmony with provision law Indonesian national , such as
            procedures justice and tools evidence that is arranged in
            the Criminal Procedure Code (KUHAP). Such as information
            witnesses , documents , goods evidence , and clues .</td>
            <td><p>In the article This Completion case crime genocide is
            very difficult For can prove in a way direct intention evil
            (dolus specialis ) perpetrator . perpetrator Possible No in
            a way explicit state intention they For do genocide .</p>
            <p>Many cases genocide happen in situation conflict where
            the evidence in the form of document physical , witnesses ,
            clues , analysis and patterns behavior perpetrator difficult
            obtained at the time of the incident .</p></td>
          </tr>
          <tr>
            <td>3.</td>
            <td>Harmony with International Law</td>
            <td>Aligning with principles law international , improve
            credibility Indonesian law in the eyes of the world.</td>
            <td>There is n't any yet ratification to the Rome Statute ,
            so that There is uncertainty about jurisdiction
            international .</td>
          </tr>
          <tr>
            <td>4.</td>
            <td>The basis for Prosecution</td>
            <td>Provide base strong law​ For prosecution perpetrator
            crime genocide in the human rights court .</td>
            <td>Challenge in implementation and enforcement law can
            hindering an effective and fair judicial process .</td>
          </tr>
          <tr>
            <td>5.</td>
            <td>Execution time crime genocide</td>
            <td>In Article 8 of the Crimes genocide No know statute of
            limitations, so that Perpetrator can on trial When just ,
            even though after for years since crime done . This is give
            chance For look for justice for the victims, even though
            crime happened in the past .</td>
            <td>Article 8 does not regulate in a way firm When started
            done crime genocide , well in time peace and also moment war
            , and also not determine When a genocide can considered has
            end .</td>
          </tr>
          <tr>
            <td>6.</td>
            <td>Threat punishment</td>
            <td>Article 8 in particular consistent give prevention and
            punishment early .</td>
            <td>Article 8 does not in a way clear set threat specific
            criminal offenses For every actions included​ in category
            genocide . This is can cause uncertainty law for
            perpetrators and victims, as well as make it difficult
            enforcer law in determine appropriate punishment .​</td>
          </tr>
          <tr>
            <td>7.</td>
            <td>Victim Protection</td>
            <td>In Article 8 the protected groups encompassing , nation
            , ethnicity , race , and religion. Groups This involuntary (
            not Can changed )</td>
            <td>Article 8 in description protection Does not protect all
            aspect group ( for example , group politics and groups
            social .</td>
          </tr>
        </tbody>
      </table>
    </table-wrap>
  </sec>
  <sec id="analysis-criminal-law-regulations-related-genocide-as-human-rights-violations-humans-in-indonesia-in-law-no.-1-of-2023-concerning-the-criminal-code">
    <title>Analysis Criminal Law Regulations Related Genocide As Human
    Rights Violations Humans in Indonesia in Law No. 1 of 2023
    concerning the Criminal Code</title>
    <p>Description Arrangement law criminal related genocide in Law No.
    1 of 2023 concerning the Criminal Code</p>
    <p>Article 598 in the new Criminal Code ( KUHP) regulates in Law no.
    1 of 2023 is provisions that regulate about crime genocide .
    Existence chapter this is very important in context protection right
    basic humans in Indonesia especially to all over or part group
    nation , race , ethnicity , or religion, considering genocide is one
    of the violation right basic the most serious human being and has
    been become attention international . [3] The formulation of Article
    598 states as following :</p>
    <p>Article 598</p>
    <p>&quot; Convicted Because genocide , anyone who​ Meaning destroy or
    to destroy all over or part group nation , race , ethnicity , or
    religion, with method :</p>
    <p>kill member group ;</p>
    <p>result in suffering physique or heavy mental to member group
    ;</p>
    <p>create condition life the group that is taken into account will
    result in destruction in a way physical , good all over and also
    part ;</p>
    <p>to force purposeful action​ prevent birth in group ;</p>
    <p>move in a way force child from group to group others , with
    criminal dead , criminal prison lifelong live , or criminal
    imprisonment for a minimum of 5 (five) years and a maximum of 20
    (twenty ) years . &quot;</p>
    <p>Explanation meaning of this Article covers more carry on :</p>
    <p>Intention ( Mens Rea)</p>
    <p>This article emphasize that action in category genocide must done
    with &quot; intention&quot; with Meaning For destroy or destroy
    &quot; the group certain . Determination Intention This is element
    important in determine whether a action can categorized as genocide
    . Without existence the intention of the perpetrator , will
    difficult to determine determination criminalization category
    genocide .</p>
    <p>Action (Actus Reus)</p>
    <p>The actions mentioned in chapter This covers various form
    behavior that can considered as category genocide like :</p>
    <p>Murder Member Group : This action is the most direct and most
    obvious. from crime genocide .</p>
    <p>Suffering Physique or Mental: Action This shows that No only
    murder that is considered as genocide , but also actions that cause
    suffering heavy .</p>
    <p>Condition Life : The Act of Creation condition a life that leads
    to annihilation physique reflect aspect systematic from genocide
    .</p>
    <p>Prevent Birth : This action show dimensions genocide related​ with
    reproduction and sustainability life group .</p>
    <p>Transfer of Children Force : This action is form frequent
    genocide​ happen in conflict armed and is violation heavy to right
    child .</p>
    <p>Sanctions Criminal</p>
    <p>Article 598 stipulates that sanctions sufficient punishment​ heavy
    for perpetrator crime genocide , including :</p>
    <p>Criminal dead</p>
    <p>Criminal dead reflect seriousness and impact from action genocide
    , which is considered as violation right basic the heaviest human
    being . Use criminal dead as sanctions For genocide show the state's
    commitment to give effect deterrent and enforce justice for the
    victims.</p>
    <p>Criminal prison lifelong life</p>
    <p>Criminal prison lifelong life in crime genocide as alternative
    from criminal dead , perpetrator genocide can also sentenced
    punishment prison lifelong live . Sanctions This give chance for
    perpetrator For to ponder action they , even though they No will
    Once return to public .</p>
    <p>Criminal prison</p>
    <p>This article also regulates that perpetrator genocide can charged
    criminal minimum 5 years and maximum 20 years in prison . Sanctions
    This applicable For cases certain that may be No fulfil criteria For
    sentenced criminal dead or prison lifelong life but still considered
    Serious .</p>
    <p>From the explanation above that in Article 598 of the new
    Criminal Code give explanation about framework law For handle crime
    genocide in Indonesia. With existence clear definition​ about actions
    included​ in category genocide and sanctions strict criminal
    sanctions are expected enforcement law to violation right basic man
    can done with more effective . However , the challenges in
    implementation still need overcome so that the goal protection right
    basic man can achieved in a way comprehensive .</p>
    <p>Advantages and disadvantages Arrangement law criminal related
    genocide in Law No. 1 of 2023 concerning the Criminal Code</p>
    <p>Table 3. Advantages and disadvantages Arrangement law criminal
    genocide Law No. 1 of 2023 concerning the Criminal Code</p>
    <table-wrap>
      <table>
        <colgroup>
          <col width="9%" />
          <col width="21%" />
          <col width="32%" />
          <col width="38%" />
        </colgroup>
        <thead>
          <tr>
            <th>No</th>
            <th>Aspect</th>
            <th>Excess</th>
            <th>Lack</th>
          </tr>
        </thead>
        <tbody>
          <tr>
            <td>1.</td>
            <td>Definition</td>
            <td>Article 598 of the new Criminal Code give clear
            definition​ about actions included​ in category genocide ,
            such as murder member group , persecution weight , and
            creation condition detrimental life . This is help in
            identify and demand perpetrator genocide in a way more
            effective </td>
            <td><p>A number of term important in arrangement genocide No
            explained in a way detailed , such as &quot; systematic
            &quot; and &quot; extensive &quot;.</p>
            <p>Ambiguity This can at risk cause that perpetrator crime
            genocide can escape from punishment or get punishment that
            is not comparable with crimes committed .​</p>
            <p>This matter can create legitimacy For impunity for
            perpetrators and hinder the process of proof in court .
            .</p>
            <p>Accountability criminal replaced become accountability
            and persecution changed So persecution . &quot; The meaning
            in the senses This become different , the result is will
            cause confusion and difficulties in its
            implementation</p></td>
          </tr>
          <tr>
            <td>2.</td>
            <td>Sanctions</td>
            <td>New Criminal Code set sanctions sufficient punishment​
            heavy for perpetrator crime genocide , including criminal
            dead , criminal prison lifelong life , and criminal
            imprisonment of at least 5 years and at most 20 years . This
            reflects the seriousness of the state in handle violation
            right basic man heavy</td>
            <td>Sanctions criminal For crime genocide more light
            compared to with provision previously in Law no. 26 of 2000
            concerning Human Rights Court . For example , the threat
            criminal maximum For genocide in the new criminal code is 20
            years , while in Constitution Human Rights Court can reach
            25 years . This is can cause perception that gross human
            rights violations viewed The same with crime normal .</td>
          </tr>
          <tr>
            <td>3.</td>
            <td>Harmony with rule</td>
            <td>With enter arrangement genocide to In the new Criminal
            Code , the Indonesian government shows its commitment in
            rules in indonesia For align law national with standard
            international , such as Convention The 1948 Genocide and the
            Rome Statute , It provides legitimacy additions to the
            system Indonesian law in the eyes international .</td>
            <td>With enter rule genocide to the new Criminal Code
            Arrangement crime genocide will more practical through
            Constitution special , not separate​ in the new Criminal Code
            . Based on such as : law the event different from criminal
            general Because type crime outside usually have a lot
            special properties .​</td>
          </tr>
          <tr>
            <td>4.</td>
            <td>Meaning Regulation</td>
            <td>Arrangement This can increase awareness public about
            importance protection right basic humans and prevention
            crime heavy . With existence clear definition , society​
            expected more understand danger genocide and play a role
            active in prevention </td>
            <td>Enter arrangement genocide to in the new Criminal Code
            can considered reduce characteristic outside normal from
            crime this , because handling No Again done through
            mechanism special like Constitution Human Rights Court .
            This can to blur difference between crime weight and action
            criminal general .</td>
          </tr>
          <tr>
            <td>5.</td>
            <td>Challenge</td>
            <td>Enter crime genocide to in the new Criminal Code
            expected can strengthen system justice criminal with give
            framework clear law​ For handle cases violation right basic
            man heavy .</td>
            <td>Although There is framework clear law , challenges​ in
            implementation still there is . Proof intention evil ( dolus
            specialis ) often becomes obstacle main in the judicial
            process , especially when involving structure power or
            command .[14]</td>
          </tr>
        </tbody>
      </table>
    </table-wrap>
    <p>Comparison of the OLD Criminal Code with Law No. 1 of 2023
    concerning the Criminal Code related crime genocide</p>
    <p>Table 4. Comparison of the OLD Criminal Code with Law No. 1 of
    2023 concerning the Criminal Code relating to crime genocide</p>
    <table-wrap>
      <table>
        <colgroup>
          <col width="8%" />
          <col width="17%" />
          <col width="36%" />
          <col width="38%" />
        </colgroup>
        <thead>
          <tr>
            <th>No</th>
            <th>Aspect</th>
            <th>Old Criminal Code</th>
            <th>New Criminal Code ( Law No. 1 of 2023)</th>
          </tr>
        </thead>
        <tbody>
          <tr>
            <td>1.</td>
            <td>Arrangement</td>
            <td>Arrangement in the Old Criminal Code ( Wetboek van
            Strafrecht ) the old Criminal Code ( legacy Dutch colonial
            ), no arrange in a way specific about crime genocide .
            actions that include in category genocide often categorized
            as act criminal general like murder planning , persecution
            heavy , or crime to humanity .</td>
            <td>In Article 598 specifically explicit arrange about crime
            genocide with clear definition . This includes action like
            kill member group , causing suffering physique or mental,
            and create condition detrimental life .​</td>
          </tr>
          <tr>
            <td>2.</td>
            <td>Definition</td>
            <td>Do not have definition specific about genocide . Actions
            the No identified in a way clear in context law .</td>
            <td>Provide comprehensive definition​ about genocide ,
            including intention For destroy or to destroy group certain
            based on identity ethnicity , race , religion, or
            nationality .</td>
          </tr>
          <tr>
            <td>3.</td>
            <td>Sanctions</td>
            <td>Punishment For actions that are considered as genocide
            No set up in a way clear and often more​ light compared to
            with crime outside normal others . Sanctions criminal
            depending on the articles general charges imposed .</td>
            <td>Set sanctions more criminal​ firm For crime genocide ,
            including criminal dead , criminal prison lifelong life ,
            and criminal imprisonment of at least 5 years and at most 20
            years . This reflects the seriousness of the state in handle
            violation right basic man heavy .</td>
          </tr>
          <tr>
            <td>4.</td>
            <td>Proof</td>
            <td>Not yet set Proof intention evil (dolus specialis )
            which is very difficult done Because No There is provision
            special that regulates about intention For destroy group
            certain .</td>
            <td>There are rules in determination intention evil (dolus
            specialis ) in prosecution case genocide like destroy group
            certain .</td>
          </tr>
          <tr>
            <td>5.</td>
            <td>Victim Protection</td>
            <td>n't any settings that are explicit give protection to
            victims of crime genocide .</td>
            <td>Definition of what and how to do it sanctions criminal
            For perpetrator genocide , which is clear give protection
            for victims with confirm that action the is crime serious .
            In the mechanism new Criminal Code protection for victims
            involved in the legal process . For example , the victim can
            give testimony and participation in the judicial process ,
            as well as own right For get information about development
            case they .</td>
          </tr>
        </tbody>
      </table>
    </table-wrap>
    <p>.</p>
  </sec>
</sec>
<sec id="conclusion">
  <title>CONCLUSION</title>
  <p>Genocide As Extraordinary Crime​ Genocide is one of form recognized
  gross human rights violations in a way international as crime outside
  ordinary (extraordinary crime). Act criminal This involving attack
  systematic and extensive which aims For destroy group certain based on
  identity race , ethnicity , religion, or nationality . Legal
  Regulation in Indonesia In Indonesia, legal regulation related
  genocide previously set up in Law no. 26 of 2000 concerning The Human
  Rights Court , which determined genocide as one of the act criminal
  international . However , with the ratification of the new Criminal
  Code ( Law No. 1 of 2023), genocide in a way official integrated to in
  law criminal national . This is show the seriousness of the state in
  handle and prevent act criminal and protect right basic human . With
  enter crime This In the Criminal Code, Indonesia strengthens framework
  law that does not only enforcement oriented​ law , but also on effort
  prevention gross human rights violations .</p>
  <p>Strengthening mechanism Socialization and Improvement of Legal
  Education
  by the Government need intensify socialization and education law about
  genocide , in particular to apparatus enforcer law , academics , and
  society wide . This is aiming For increase understanding about
  definition , elements , and impacts crime genocide . Increase Capacity
  Law Enforcement Training special must given to apparatus enforcer law
  , such as police , prosecutors and judges, so that they own adequate
  competence​ in handle case genocide . And increasing international
  cooperation , Indonesia needs to strengthen Work The same with
  institution international , such as Court Criminal International
  (ICC), for ensure that action genocide involving​ perpetrator cross
  country can handled with appropriate .</p>
</sec>
</body>
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