The Challenges Of Implementing Prohibition of Torture in Two Level: ASEAN and Indonesia

Kusumawati, Erna Dyah (2011) The Challenges Of Implementing Prohibition of Torture in Two Level: ASEAN and Indonesia. Yustisia.

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    Abstract

    This article will address the issue regarding prohibition of torture and its challenges at two levels: ASEAN and Indonesia. The prohibition of torture is considered to be a rule of “jus cogens” or peremptory norm as well as customary law. In addition the prohibition of torture is absolute and non-derogable. Therefore. it entails some obligations for states whether or not they ratify the CAT. States have the universal obligations to prevent torture and inhuman degrading treatment in theirjurisdiction under international customary law. Since many of ASEAN countries do not ratified ICCPR, the AICHR have to implement the prohibition of torture based on the customary international law. In addition, AICHR needs to monitor the national law regarding the prohibition of torture. However. theAlCHR lacks of protection mandate and might not mnctioning well especially when dealing with the allegation of the prohibition of torture or other human rights’ allegations within ASEAN jurisdiction. In Indonesia. the use of torture to get the confession is widely used by the police. Not all the perpetrators are brought to the Court of Law and are given an equitable sentences: although. Indonesia does have a regulation on prohibition of torture; the Criminal Code, the Law No 39/1999 concerning Human Rights. and the Law No. 26/2000 concerning Human Rights Courts. There is lack of competence of the Indonesian Human Rights Court to hear the violation cases. Also. there is lack of competence of the Indonesian Commission on Human Rights to investigate cases concerning torture. Keywords: implementation, prohibition of torture, human rights

    Item Type: Article
    Subjects: K Law > K Law (General)
    Divisions: Fakultas Hukum
    Depositing User: Arissa Aprilia Nurcahyani
    Date Deposited: 10 May 2014 17:58
    Last Modified: 10 May 2014 17:58
    URI: https://eprints.uns.ac.id/id/eprint/15886

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