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Exploring the Effectiveness of the Human Rights Court in Indonesia: A Call for Humanitarian Action
[journal article]
Abstract Indonesia's Human Rights Court, established under Law No. 26/2000, has faced criticism due to persistent unresolved cases, highlighting flaws in its legal foundation. The Court's performance revealed that Indonesia has been ineffective in resolving serious human rights violation cases. This research... view more
Indonesia's Human Rights Court, established under Law No. 26/2000, has faced criticism due to persistent unresolved cases, highlighting flaws in its legal foundation. The Court's performance revealed that Indonesia has been ineffective in resolving serious human rights violation cases. This research emphasizes two main points: 1) exploring human rights enforcement in Indonesia based on the effectiveness of the Human Rights Court's performance, and 2) scrutinizing the context of humanitarian intervention in cases of gross human rights violations in Indonesia. The article utilized a normative juridical research approach, followed by a descriptive analysis through a literature study. The research illustrated that human rights enforcement in Indonesia was inadequate, often stalling at the inquiry stage. Trials for the 1984 Tanjung Priok massacre, East Timor, and Abepura resulted in acquittals, raising doubts about the effectiveness of the Human Rights Court's Law (No. 26/2000). Furthermore, humanitarian intervention was deemed necessary to address these unresolved violations, viewed not as a violation of sovereignty but as a means to enhance human rights protection. This requires national and international cooperation, focusing on resolving cases rather than debating jurisdiction.... view less
Keywords
Indonesia; human rights; human rights violation; prosecution; court of justice; humanitarian intervention; Southeast Asia
Classification
Judiciary
Free Keywords
Humanitarian Law
Document language
English
Publication Year
2024
Page/Pages
p. 97-118
Journal
Journal of Liberty and International Affairs, 10 (2024) 2
ISSN
1857-9760
Status
Published Version; peer reviewed