Perkembangan Pelaksanaan Lembaga Paksa Badan Dalam Perspektif Ham Di Indonesia Dari Tahun 1964 Sampai Dengan Sekarang
| Main Author: | Perpustakaan UGM, i-lib |
|---|---|
| Format: | Article NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2004
|
| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/24057/ http://i-lib.ugm.ac.id/jurnal/download.php?dataId=7027 |
Daftar Isi:
- The research is juridical normative research, which aims to find out whether or not the implementation of imprisonment for civil debt in Indonesia violates human rights. As it is generally known, since 1964 the Supreme Court has banned the judges for implementing imprisonment for civil debt (gijzeling) as it is considered against the humanity or human rights. In 2000, the ban is revoked. This research is based on library research and field research. The latter is conducted in the Supreme Court, the National Commission on Human Rights and the General Directorate of Human Rights Protection of the Departement of Justice and Human Rights. For the data collection it employs a non probability sampling technique while for the data sample determination a purposive sampling technique. A purposive sampling technique requires the determination of sample is based on a certain purpose or consideration. The research results show that the Supreme Court imposes additional requirements in addition to those regulated in the I-LIR for the implementation of imprisonment for civil debt. For example, PERMA No. 1/2000 regulates the requirement of maximum age of 75 and a debt of more than 1 (million) for bringing a debtor into the imprisonment for civil debt. In addition, the Supreme Court also gives new interpretation for the article 209 of HIR (242 of R.Eg), i.e a debtor who is liable imprisonment is not the one who no longer has property, rather the one who is able to pay the debt but unwilling to do it. Thus the implementation of the imprisonment for civil debt in Indonesia is no longer against the human rights. Keywords : imprisonment for civil debt � human rights.