TANGGUNG JAWAB HAKIM AD HOC DALAM MEMUTUS PERKARA PELANGGARAN BERAT HAM BERDASARKAN PRINSIP KEADILAN

Abstract

This study aims to find the substantive responsibility of ad hoc judges in deciding cases of gross violations of human rights based on the principle of distributive justice according to Aristotle. To find the regulation of procedural responsibility of ad hoc judges
personally according to the provisions of legislation in Indonesia. Evaluating administrative responsibility through supervisory mechanisms carried out on ad hoc judges, more specifically judges in human rights courts. The research method used was normative
juridical. The results showed that the responsibility of ad hoc judges in deciding cases of gross violations of human rights should use the legal elements of gross violations of human rights but in fact it does not, it means that the judge's decision is considered unfair, as well as the responsibility of judges in applying the evidentiary system in the legal process is weak. Also, the procedures for resolving gross human rights violations are implemented but judges are institutionally independent and personally not, therefore their decisions are certainly not fully independent, because they are influenced by many factors such as the influence of the head of the court or other issues from outside the judge. The internal supervision mechanism by BAWASMARI is still considered half-hearted because the quality and integrity of supervision is inadequate, which can be seen in the process of disciplinary examination of judges that is not transparent.