Pertanggungjawaban Negara Terhadap Penyanderaan Wartawan Asing Menurut Hukum Humaniter Internasional

Wiranata, Andika (2020) Pertanggungjawaban Negara Terhadap Penyanderaan Wartawan Asing Menurut Hukum Humaniter Internasional. Other thesis, Universitas Islam Riau.

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Abstract

The responsibility of the state towards individuals is essentially determined by the territory of the country and the nationality of the individual concerned. As for the problem in this study is how the state's responsibility for foreign journalists according to international humanitarian law, how to protect foreigners based on international humanitarian law with the title "State Responsibility Against Foreign Journalists Hostage According to International Humanitarian Law". The responsibility of the State aims to ensure the fulfillment of children's rights so that they can be protected, live, free, and optimally guarantee the safety of citizens in accordance with human dignity, as well as protection from violence and discrimination, for the realization of citizens who feel just and prosperous. Physical and spiritual In International Humanitarian Law, journalists serving in areas of armed conflict is considered civilians and avoids military attacks whether they are war journalists or war correspondents. Foreign journalists are taken hostage according to International Humanitarian Law. This research is a normative juridical research with descriptive characteristics. The data used in this research are primary legal materials, secondary legal materials, and tertiary legal materials. The data collection method used is literature study. The data analysis was done qualitatively. Protection for journalists is regulated in the 1945 Constitution of the Republic of Indonesia Law of the Republic of Indonesia Number 40 of 1999 concerning the Press, State Gazette of the Republic of Indonesia of 1999 Number 166. Article 4 a Convention 3, attachment II Protocol I to Geneva Convention IV 1949 through Additional Protocol I 1977 to article 50 paragraph I. so that the state is responsible for treating both its citizens and foreign nationals without any discriminatory state treatment in order to achieve equal legal protection.

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