Kebijakan Hukum Terkait Tindakan Rasisme yang Melumpuhkan Sistem Keadilan di Indonesia

Abstract

This study aims to understand what racism is, how the justice system in Indonesia works, the impact or influence of racism and racial discrimination occurring in Indonesia, how the National Human Rights Commission (Komnas HAM) addresses issues of racism and racial discrimination in Indonesia, and how they are handled. This research uses methods involving normative legal research (using legislation, court decisions, legal theories, and can include scholarly works) and empirical legal research (using empirical facts derived from human behavior).The results of the case studies used show that in the case of Mrs. Tri Susanti, who committed acts of racism involving racial discrimination against Papuan students and caused public unrest, she was sentenced to 7 months in prison. In a similar case involving a Civil Servant (ASN), Mr. Syamsul Arifin, who committed acts of racism and racial discrimination, he was sentenced to 5 months in prison. The recommendation is that society is expected to eliminate discriminatory actions based on race to prevent hostility and division. It is not good to consider oneself or a particular race as superior to others, and there should be more and more aggressive efforts to minimize racial discrimination behaviors in Indonesia. Therefore, it is important to learn to accept and respect others.