The Accountability of Military Commander for the Forces Doing Gross Violations of Human Rights

Abstract

Command responsibility occurs due to gross violation of human rights committed by subordinates under the effective control. It develops in doctrines and practices which then normatively institutionalize in International Law and National Law. In the National Law, the Command responsibility is regulated in Article 42 of Act No. 26 of 2000 concerning Human Rights Courts of State Gazette Number 208. Military Commander or a person who effectively acts as a Military Commander may be responsible for crimes that are within the Jurisdiction of Human Rights Courts carried out by forces under  Command, and effective courts, and The criminal offense is a result of improper control, namely: the Military Commander or someone knows that the force is committing or has just committed a gross violation of Human Rights and that the Military Commander or someone does not take appropriate and necessary actions under his power to prevent or stop the act or to submit the matters to the competent authorities for investigation and prosecution. In the military organization of combat units, the composition of the military commander began with the Unit Commander, Platoon Commander, Company Commander, Battalion Commander, Brigade Commander, Division Commander and Commander of the Army Strategic Command (Pangkostrad) for the Kostrad ranks. In the Special Forces Command  (Kopassus) ranks there are known General Commander (Danjen) Kopassus, Group Commander (Dangroup) and so on. For Territorial units, starting from the Military District Commander (Danramil), Military Regions Commander (Dandim), Military Resort Commander (Danrem) and Territorial Military Commander (Pangdam). The Army Chief of Staff (Kasad) Supervise the command ranks of the Army, including the Chief of the Navy (Kasal) and Chief of Staff of the Air Force (Kasau), and the Indonesian National Army (TNI) Commander as the command holder for all Forces, the Army, Navy and Indonesian Air Force.

Keywords: Command responsibility of gross violation of human rights

DOI: 10.7176/JLPG/85-13

Publication date:May 31^st 2019