Exploring the Effectiveness of the Human Rights Court in Indonesia: A Call for Humanitarian Action Cover Image

Exploring the Effectiveness of the Human Rights Court in Indonesia: A Call for Humanitarian Action
Exploring the Effectiveness of the Human Rights Court in Indonesia: A Call for Humanitarian Action

Author(s): Ria Wierma Putri, Yunita Maya Putri, Eddy Rifai
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Political Theory, Governance, Public Law, Politics and law, Penal Policy, Court case, Comparative Law, Administrative Law
Published by: Institute for Research and European Studies - Bitola
Keywords: Human Rights; Court; Humanitarian Law; Humanitarian Intervention

Summary/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 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.

  • Issue Year: 10/2024
  • Issue No: 2
  • Page Range: 97-118
  • Page Count: 23
  • Language: English
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