Assessing Indonesia’s Capacity for Preventing Mass Atrocities

2020 ◽  
Vol 12 (4) ◽  
pp. 415-439
Author(s):  
Ririn Tri Nurhayati

Abstract With the pervasive violations of human rights, including mass atrocities, which happened during the authoritarian New Order administration, the literature on human rights in Indonesia has often been highly critical of the regimes’ human rights record. Indonesia’s regime change in 1998 brought in a more optimistic outlook; successive regimes have shown a stronger commitment to respecting human rights. However, the government still faces challenges in protecting such rights, and in acknowledgement and resolving past gross human rights violations. Consequently, future mass atrocities may not be readily avoided. This study aims to explore Indonesia’s capacity for avoiding future atrocities by evaluating three relevant factors: the influence of the interest-based arguments of the central government elites, the extent to which the idea of ‘sovereignty as responsibility’ has spread among Indonesian governmental institutions, and the role of non-state actors. All of these factors shape Indonesia’s capacity to respond to and prevent any occurrence of mass atrocities in the future.

2019 ◽  
Vol 6 (3) ◽  
pp. 213-222
Author(s):  
Getahun Kumie Antigegn

The emergence of regional human rights systems depicts one of the greatest achievements in the internationalization of human rights. The foundation of the charter paved the way for the birth of the court thereafter. The African Court is established by virtue of the 1998 protocol to the Charter and the court is built upon an arsenal of protective and remedial techniques. The establishment of the court has reset the stage and created a new platform for the protection of human rights in Africa. The cardinal objective of the paper is to investigate the role of African Court on human and Peoples’ rights protection in Libya Crises taking the case of Saif Al Islam Gaddafi. The paper has utilized qualitative methodology. The government of Libya responded with brutal force against civilian protesters in contravention of international human rights and humanitarian law. The security force of the government of Libya killed many protesters as well. This situation intensified human rights violations and enforced many of the peoples to displace. The court issued an important ruling in March 2011, ordering provisional measures against Libya in the armed conflict in its territory. Libya government denied the claims of human rights violations in its territory and showed its willingness to subject itself to criminal investigations by the Court if necessary. The issue of the fund, independence, commitment and competence of judges to interpret mandate and jurisdiction, the willingness of the states to support and to abide by court decisions, and powers of the concerned body to enforce court decisions hampered the court from being effective. Generally, African States act in good faith with respect to the decisions of the African Human Rights Court, the court becomes more import.


2020 ◽  
Vol 14 (2) ◽  
pp. 293-304
Author(s):  
Muhammad Rifa'ie

This study aims to explain the ideological confrontation, the role of intellectual figures, and the formative role text of Penembak Misterius by Seno Gumira Ajidarma uses sociology of literature as the approach of the study with the specialized implementation of hegemony theory by Antonio Gramsci. The results of this study are as follows. First, the ideological confrontation in Penembak Misterius aims at denying the absolute authority of the New Order's formal ideology, namely militarism, development, capitalism, authoritarianism, hedonism, and radicalism. Second, the role of intellectual figures in Penembak Misterius is played to criticize capitalism, materialism, hedonism, developments, national urbanization, also criticizing New Order government officials, the mysterious shooting policy, and at the same time criticizes violence and human rights violations for children. Third, the formative role of the Penembak Misterius text acts as an interrogative text based on the practice of critical memory. It does not only serve as a documentation of historical events but also intends to link the historical events as an emancipation effort.


2018 ◽  
Vol 37 (1) ◽  
pp. 108
Author(s):  
Muhammad Abdul Azis

<p><em>Freedom of association, assembly and expression is a part of human rights guaranteed by the 1945 Constitution of the State of the Republic of Indonesia. This freedom also includes the propagation of religious teachings as an ideology for transformation to real life. For Muslims, especially da'i certainly have great ideals for the realization of a prosperous fair society that is directed by Allah SWT. It can be fought, one of which can be through social organization.During the 72 years of independent Indonesia, several regulations issued by the government to regulate the system and mechanisms of mass organizations have added controversy to Islamic mass organizations. In the new order, some organizations threatened to be dissolved and not recognized for rejecting the sole principle of Pancasila. The dynamic continues until the reform era. This can be an afterthought for the da'wah perpetrators, especially those who take the path of the organization to pay more attention to the basic aspects of administrative formation with respect to the state / government, because it will subsequently be very influential on the sustainability of da'wah in the future.</em></p>


2020 ◽  
Vol 7 (1) ◽  
pp. 38-44
Author(s):  
Getahun Kumie Antigegn

The emergence of regional human rights systems depicts one of the greatest achievements in the internationalization of human rights. The foundation of the charter paved the way for the birth of the court thereafter. The African Court is established by virtue of the 1998 protocol to the Charter and the court is built upon an arsenal of protective and remedial techniques. The establishment of the court has reset the stage and created a new platform for the protection of human rights in Africa. The cardinal objective of the paper is to investigate the role of African Court on human and Peoples’ rights protection in Libya Crises taking the case of Saif Al Islam Gaddafi. The paper has utilized qualitative methodology. The government of Libya responded with brutal force against civilian protesters in contravention of international human rights and humanitarian law. The security force of the government of Libya killed many protesters as well. This situation intensified human rights violations and enforced many of the peoples to displace. The court issued an important ruling in March 2011, ordering provisional measures against Libya in the armed conflict in its territory. Libyan government denied the claims of human rights violations in its territory and showed its willingness to subject itself to criminal investigations by the Court if necessary. The issue of the fund, independence, commitment and competence of judges to interpret mandate and jurisdiction, the willingness of the states to support and to abide by court decisions, and powers of the concerned body to enforce court decisions hampered the court from being effective. Generally, unless African States act in good faith with respect to the decisions of the African Human Rights Court, the court becomes no more significant.


2008 ◽  
Vol 45 (3) ◽  
pp. 653 ◽  
Author(s):  
Jonathan Horlick ◽  
Joe Cyr ◽  
Scott Reynolds ◽  
Andrew Behrman

Under the United States Alien Tort Statute, which permits non-U.S. citizens to bring lawsuits in U.S. courts for human rights violations that are violations of the law of nations, plaintiffs have filed claims against multinational oil and gas corporations for the direct or complicit commission of such violations carried out by the government of the country in which the corporation operated. In addition to exercising jurisdiction over U.S. corporations, U.S. courts have exercised jurisdiction in cases involving non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside the U.S.The exercise of jurisdiction by U.S. courts over non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside of the U.S. raises serious questions as to the jurisdictional foundation on which the power of U.S. courts to adjudicate them rests. Defences that foreign defendants can raise against the exercise of jurisdiction by the U.S. courts are an objection to the extraterritorial assertion of jurisdiction, the act of state doctrine, the political question doctrine, forum non conveniens, and the principle of comity. These defences are bolstered by the support of the defendant’s home government and other governments.


Author(s):  
Pierre Salmon

Among many aspects to the question of whether democracy is exportable, this contribution focuses on the role of the people, understood not as a unitary actor but as a heterogeneous set: the citizens. The people matter, in a different way, both in the countries to which democracy might be exported and in the democratic countries in which the question is about promoting democracy elsewhere. The mechanisms or characteristics involved in the discussion include yardstick competition, differences among citizens in the intensity of their preferences, differences among autocracies regarding intrusion into private life, citizens’ assessments of future regime change, and responsiveness of elected incumbents to the views of minorities. The second part of the contribution explains why promotion of democracy is more likely to work through citizens’ concern with human rights abuses than with regime characteristics.


2021 ◽  
pp. 103985622110054
Author(s):  
Sarah Mares ◽  
Kym Jenkins ◽  
Susan Lutton ◽  
Louise Newman AM

Objective: This paper highlights the significant mental health vulnerabilities of people who have sought asylum in Australia and their additional adversities as a result of the Covid-19 pandemic. Conclusions: Australia’s policies in relation to asylum seekers result in multiple human rights violations and add significantly to mental health vulnerabilities. Despite a majority being identified as refugees, people spend years in personal and administrative limbo and are denied resettlement in Australia. Social isolation and other restrictions associated with Covid-19 and recent reductions in welfare and housing support compound their difficulties. The clinical challenges in working with people impacted by these circumstances and the role of psychiatrists and the RANZCP in advocacy are identified.


Author(s):  
Nina I. Karpachova

The task of this paper is to study the role of international human rights organizations in response to the conflict taking place in eastern Ukraine. The study is based on recent reports from the Office of the UN High Commissioner for Human Rights and the OSCE on Ukraine. The relevance of the stated topic is determined by the situation with human rights violations in the armed conflict in Ukraine and the significant role of international human rights organizations, making active efforts to resolve it. The purpose of this study is to determine the main aspects of the role that international organizations play in resolving this range of issues. This will help to identify potential opportunities to tackle the problem with human rights violations in the Ukrainian territories. The study combines quantitative and qualitative research of the entire spectrum of issues brought into the subject. The main results obtained are: analysis of the role and place of international human rights organizations in assessing the situation with the conflict in the Ukrainian territories and obtaining statistical information on the current status of human rights violations in these territories. The value of this paper lies in obtaining practical recommendations for finding ways to peacefully resolve the conflict in the East of Ukraine and implementing comprehensive measures to create conditions for the protection of human rights in this region


2019 ◽  
Vol 11 (3) ◽  
pp. 460-470 ◽  
Author(s):  
Xiwen Chen

Purpose Bottlenecked by rural underdevelopment, China’s overall development is bound to be inadequate and unbalanced. Through a brief retrospect of the reform directed against the “equalitarianism (egalitarianism)” in China’s rural areas, as well as the Chinese Government’s conceptual transformation and systemic construction and improvement thereof, the purpose of this paper is to clarify the panoramic significance of rural reform; the necessity, priority, and long-term nature of the current rural development; and the important role of public policy in doing so. It also looks ahead to consider the prospects for future rural reform. Design/methodology/approach This paper first reviews the rural reforms that were carried out in 1978. Second, it introduces the government’s conceptual change regarding rural reform and the establishment and improvement of the system that underlies it. Finally, the future of rural reform is envisaged. Findings The initial rural reforms brought extensive and profound changes to China’s rural areas. The experience of rural reform has been referred to and escalated by other fields of study. Hence, rural reforms have become something of global significance. Moreover, since the government can undertake reforms well beyond the reach of farmers, its views must be modified in a timely manner, and only then may it reasonably construct and improve the system pertaining to the “three rural issues (agriculture, rural areas, and farmers).” Originality/value This paper reviews the rural reforms carried out in 1978. It introduces the government’s change of concept with respect to rural reforms and the establishment and improvement of the system based on the “three rural issues,” thus looking forward to the future of rural reforms. The findings of this paper are of significance to the formulation of future agricultural policies.


2020 ◽  
Vol 10 (2) ◽  
pp. 482
Author(s):  
Melly Anggraeni ◽  
Hardi Warsono ◽  
Ida Hayu Dwimawanti

In the context of poverty reduction, the Government mandates the distribution of Non-Cash Food Assistance. Non-Cash Food Aid, hereinafter abbreviated as BPNT, is a policy of the Central Government in the form of food social assistance in the form of non-cash given to Beneficiary Families (KPM) every month through electronic accounts and is only used to buy food in E-warong in collaboration with banks. In BPNT distribution management in Rembang Regency, the planning aspect begins with the data collection and validation of population data, with the aim of channeling BPNT on target. Organizing is done in coordination between the Ministry of Social Affairs, Social Services, Women's Empowerment and Family Planning District. Rembang, BNI, and e-warong agents in each district. The implementation was carried out in stages, by distributing non-cash assistance of Rp 110,000.00 per family. Supervision is carried out in coordination with BNI, because the distribution system uses electronic money. The obstacle faced is that there are still residents who are eligible for assistance, but have not been distributed by BPNT. So in the future there needs to be up to date data validation. In the future, the distribution will be more on target.


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