Penerapan Asas Lex Consumen Derogat Legi Consumte dalam Penyelesaian Perkara Pelanggaran Hak Asasi Manusia yang Berat oleh Militer

Abstract

Gross human rights violations committed by military personnel raise jurisdictional issues because they may fall within the respective jurisdictions of Military Courts and Human Rights Courts, both of which have special legal characteristics. This study aims to analyze the application of the principle of lex consumen derogat legi consumte in determining the jurisdiction to adjudicate military personnel who commit gross human rights violations. This study employs normative legal research using statutory, conceptual, and case approaches through an analysis of relevant legislation, legal doctrines, and court decisions. The results show that Military Courts and Human Rights Courts have different bases of legal specificity; therefore, the principles of lex specialis derogat legi generali and lex specialis systematis do not fully resolve the jurisdictional conflict. The principle of lex consumen derogat legi consumte may be applied to determine the most dominant special legal provision based on the concrete facts, the nature of the conduct, the legal interests harmed, and the rights of victims. Where the conduct fulfills the elements of a gross human rights violation and the interests of society and victims constitute the predominantly harmed interests, the jurisdiction of the Human Rights Court may be prioritized. Conversely, where such elements are not fulfilled, the jurisdiction of the Military Court remains applicable.