Open AccessHATE CRIMES DI INDONESIA DALAM PERSPEKTIF PERBANDINGAN HUKUM
Author(s) -
Widati Wulandari
Publication year - 2017
Publication title -
veritas et justitia
Language(s) - English
Resource type - Journals
eISSN - 2460-4488
pISSN - 2460-0555
DOI - 10.25123/vej.2525
Subject(s) - hatred , criminalization , indonesian , prejudice (legal term) , criminology , political science , criminal law , hate crime , law , ethnic group , psychology , philosophy , linguistics , politics
This article discusses the deficiency of the Indonesian criminal law with regard to the criminalization of hate crimes. Taking into consideration the fact that Indonesia faces a high incidence of social conflict due to rising intolerance and discrimination targeting minority groups. The combination of (racial-ethnic-religious) discrimination and hatred against minority groups in most cases results in various forms of common crimes which generally is known as hate crimes. Using a comparative law method, by and between Indonesian criminal law and the criminal law of other countries experiencing hate crimes, the author highlights options for eradicating hate crimes. One important finding is the tendency of a number of countries to perceive hatred or prejudice which motivate the perpetrator of hate crimes as aggravating factor and not to as as separate substantive offence.