PERTIMBANGAN HAKIM DALAM PENJATUHAN PIDANA DIBAWAH MINIMAL KHUSUS KASUS PELANGGARAN HAM YANG BERAT DI TIMOR -TIMUR. (STUDI KASUS PUTUSAN NOMOR.01/PID.HAM/AD.HOC/2002/PN.JKT. PST)

This thesis comes up with the title “Judges” Consideration on Distinctive Under Minimum Sentence the most serious crime in Timor-timur.” Great human rights violation is a conduct of massive crime resulting in a huge number of casualties as well as tremendous material loss. The major great human rights violation in Indonesia history took place during the Indonesia political transitition which culminated in a nationwide turmoil; one of them occurred in Timor-timor and caused an enourmous number of casualties. The crime was committed by both the military and the civilian. Former Timor-timor governor, one of the suspect of the great human rights violation in the region, was surprisingly sentenced to three years of incarceration. This sentence was far below prosecutor’s demand; a ten years and six months of incarceration. The sentence also violated the constitution which stipulated a ten years minimum of incarceration for such a crime. Writer’s research concludes that judges’ deviation towards constitution which was resulting in distinctive under minimum sentence is caused by flawed constitution on human rights judicature with multi- interpretation issue, illegal political consideration during the judgement, and pressure from the suspect’s backings as well as military group towards the judges