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ANALISIS PEMBENTUKAN PENGADILAN HAM AD HOC PERSPEKTIF SIYASAH QADHA’IYYAH
The enforcement of law regarding gross human rights violations in Indonesia still encounters many obstacles despite the establishment of the Ad hoc Human Rights Court through Law Number 26 of 2000. Several major cases, such as East Timor, Tanjung Priok, and the May 1998 tragedy, demonstrate the weakness of the judicial mechanism in providing legal certainty and substantive justice for victims. The low level of convictions, political interference, and protracted judicial processes are the main factors that cause this court to be considered less effective in upholding the principles of justice and humanity. This study applies a normative juridical approach with a descriptive-analytic method. Data were collected through library research, including legislation, legal doctrines, and relevant previous studies. The analysis focuses on examining the effectiveness of the establishment and implementation mechanism of the Ad hoc Human Rights Court, particularly from the perspective of the theory of the sovereignty of law, responsive law theory, and the concept of siyasah Qadhaiyyah. This approach aims to provide a comprehensive understanding of the role and obstacles of the Ad hoc Human Rights Court in the Indonesian legal system. The findings reveal that the existence of the The Ad hoc Human Rights Court in Indonesia remains weak due to its subordination to political interests, reducing the sovereignty of law and eroding judicial independence, which in turn denies victims justice, diminishes public trust, and—viewed through the lens of siyasah Qadhaiyyah reflects an abuse of power that urgently requires reform to uphold justice and human dignity.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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