Research Article
State Protection to Human Right Because of Crime
@INPROCEEDINGS{10.4108/eai.17-7-2019.2303527, author={Muhammad Helmi and Nyoman Serikat Putra Jaya and RB. Sularto}, title={State Protection to Human Right Because of Crime}, proceedings={Proceedings of the 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICSTIAMI}, year={2021}, month={1}, keywords={state protection human right crime}, doi={10.4108/eai.17-7-2019.2303527} }- Muhammad Helmi
Nyoman Serikat Putra Jaya
RB. Sularto
Year: 2021
State Protection to Human Right Because of Crime
ICSTIAMI
EAI
DOI: 10.4108/eai.17-7-2019.2303527
Abstract
A State is a group of people who live in a particular territory and organization under legitimate government whose sovereignty. State protection grant the people’s rights depend on the state sovereignty. Sovereignty will depend on state needs. When the state gives justice to people, that give their rights, named human rights. Thus the state must increase protection of human rights over the crime committed by a person. Crime may cause a material and nonmaterial injury. However, the state sovereignty influences the form of state protection. Historically, according to Thomas Hobbes, state protection by the king is an obligation to his people neither felon nor misdemeanor. The people can’t sue to the Royal Court, it is not his right, but the king’s kindness The preamble of Constitution of the Republic of Indonesia at the fourth paragraph mention "...... in order to form a Government of the State of Indonesia that shall protect the whole people of Indonesia and the entire homeland of Indonesia, and in order to advance general prosperity, to develop the nation’s intellectual life, and then .......". Then based on these provisions the government has an obligation to protect its people. Recently Indonesian must make a regulation to protect its people from the crimes. Now, sue for crime in Indonesia is represented by a prosecutor, but the prosecutor does not involve the victim.