KEBIJAKAN LEGISLATIF DALAM RANGKA PERLINDUNGAN HAK ASASI MANUSIA DAN KORBAN TINDAK PIDANA

Rofikah Rofikah

Abstract

A human rights and cime victim protection is very
important to be considered. Human rights protection within criminal law included human rights protection and crime conduct can be regarded as twoside suchlawprotection notbecome a crime victim andprotection to gainlawguarantee for the suffering/lost one's become crime victim. The legislative policy for the protection human rights by crime perpretator according to positive lawcanbe found in Article 1 parahraph (1) and (2)
about neglience in article 44, 48, 49, 50and 51 Code Penal. Whereas in Code Penal draft the legality principle can be found in article 1 and retroactive principle in article 2. Neglience principle can be found in article 35 that described in article 38, 39, 40. Legialative policy in protection not become crime victim regulated in article 33 and 34 act number 39 of 1999 about human rights protection, act number 23 oftahun 1997, act number 8 of 1999 about consumen protection and
criminal procedure code. Our penal code is not regulating crime victim protection spesificaly, but being sealed at the conditional senteneces. Whereas in code penal draft victim protection is regulated strictly in the additional sentences.

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