scholarly journals PAGUYUBAN KORBAN KONFLIK SEBAGAI MODAL SOSIAL DALAM EKSISTENSI QANUN NOMOR 17 TAHUN 2013

Author(s):  
M. Reza Fahlevi

The birth of Qanun number 17 of 2013 concerning the Aceh Truth and Reconciliation Commission is the result of a derivative of Law number 11 of 2006 concerning the Government of Aceh (UUPA), which is a derivative of the result of the Helsinki Peace Memorandum of Understanding (MoU) between the Republic of Indonesia (RI) and the Free Aceh Movement (GAM) on August 15, 2005 in Helsinki, Finland. This paper discusses the opportunities for the Acehnese Conflict Survivors/Victims Association as Social Capital in the existence of Qanun number 17 of 2013 to settle the fulfillment of the rights of victims of human rights violations that occurred in Aceh in the period 1976-2005. This type of research is a qualitative research. The process of collecting data using the method of observation of the object of research related to the one being studied, interviews starting from listening, arranging words, and summarizing the results of the interviews without losing the substance of the information conveyed by the informants. The data analysis technique in this study used descriptive techniques using data reduction. The results of this study indicate that from its journey, especially after the Aceh Peace, SPKP-HAM Aceh was present in various issues related to human rights violations during the Aceh conflict, especially after the Aceh peace. The birth of Qanun number 17 of 2013 was a part of the SPKP-HAM advocacy with other institutions as well as Acehnese students in 2010 during the occupation of the Aceh DPR building. Furthermore, various issues regarding the fulfillment of the rights of victims of human rights violations, this organization also criticizes government policies that do not take sides with victims of conflict.

Author(s):  
Eka Januar

The birth of Qanun number 17 of 2013 concerning the Aceh Truth and Reconciliation Commission is the result of a derivative of Law number 11 of 2006 concerning the Government of Aceh (UUPA), which is a derivative of the result of the Helsinki Peace Memorandum of Understanding (MoU) between the Republic of Indonesia (RI) and the Free Aceh Movement (GAM) on August 15, 2005 in Helsinki, Finland. This paper discusses the opportunities for the Acehnese Conflict Survivors/Victims Association as Social Capital in the existence of Qanun number 17 of 2013 to settle the fulfillment of the rights of victims of human rights violations that occurred in Aceh in the period 1976-2005. This type of research is a qualitative research. The process of collecting data using the method of observation of the object of research related to the one being studied, interviews starting from listening, arranging words, and summarizing the results of the interviews without losing the substance of the information conveyed by the informants. The data analysis technique in this study used descriptive techniques using data reduction. The results of this study indicate that from its journey, especially after the Aceh Peace, SPKP-HAM Aceh was present in various issues related to human rights violations during the Aceh conflict, especially after the Aceh peace. The birth of Qanun number 17 of 2013 was a part of the SPKP-HAM advocacy with other institutions as well as Acehnese students in 2010 during the occupation of the Aceh DPR building. Furthermore, various issues regarding the fulfillment of the rights of victims of human rights violations, this organization also criticizes government policies that do not take sides with victims of conflict.


2018 ◽  
Vol 7 (1) ◽  
pp. 178 ◽  
Author(s):  
Rommy Patra

<p>Efforts to resolve human rights violations in Indonesia have been failed. It raises the question of the cause of the failure and the solution that must be taken to overcome it. The factors causing the failure of the settlement of human rights violations: (1) weak substance of legislation, especially Law number 26 Of 2000 on the Human Rights Court; (2) issues of authority and institutional relationships that are not synergistic especially between Komnas HAM and the Attorney General; (3) weak political will from the Government. The solution offered in overcoming the failure of the completion of human rights violations: (1) improve the substantial weaknesses in Law number 26 Of 2000 on the Human Rights Court by replacing it through the establishment of a new Act on Human Rights Court; (2) to organize institutional relations between Komnas HAM and the Attorney General in order to be synergistic in handling cases of human rights violations; (3) to re-establish the Truth and Reconciliation Commission (KKR); (4) The ruling government must have strong political will to resolve various cases of human rights violations with the support of civil society groups.</p>


M/C Journal ◽  
2001 ◽  
Vol 4 (1) ◽  
Author(s):  
Paul Newman ◽  
Tseen Khoo ◽  
Kathryn Goldie

The issue of a national apology to the Stolen Generations by the Federal Government has for some time been central to cultural and political debate in Australia. Responses to the Bringing them Home report-the text that generated a national audience for narratives of child removal-including the mechanics of apology, have come to substantially generate the terms of the Australian reconciliation debate. The desire for the performance of official sorrow has come to dominate arguments about racial atonement to the extent, as several of our contributors note, that more material achievements may have been neglected. This is not to endorse Prime Minister Howard's prioritisation of 'practical' reconciliation, in which the only specific policy the government is prepared to advocate is the provision of basic rights to Indigenous people, but to recognise some of the limitations of the apology focus. The continuation of deliberations about whether or not non-indigenous Australians should express sorrow has the potential to feed into a lengthy history of anxious white Australian self-definition. Reconciliation, and the sorrow which may or may not constitute it, therefore becomes the latest in an endless series of attempts to ascertain Australia's national identity - this time informed by a moral responsibility for historical wrongdoing. In his article, Jen Kwok suggests the potential for the concept of reconciliation to become safely amorphous, expressing the fear that an interest in reconciliation can be acquired for the sake of appearance. In this way, the narrative of a nation reconciled through a governmental process helps to inform ongoing constructions of whiteness. While Australia's initial ten-year period of reconciliation has officially ended, the issue of a Federal Government apology has not. Prime Minister Howard's version of an apology-the personal sorrow that never becomes official-seems part of the conservative parties' deliberate obfuscation of the importance of official recognition of indigenous concerns, in the same way that a treaty is dismissed as unnecessary. In this issue, Lynette Hughes takes the conservatives' refusal to acknowledge the need to apologise as a starting point for deliberations on the worth of the concept, with a timely focus on Pauline Hanson's unapologetic re-entry onto the centre of the political stage. If Hanson's emergence in 1996 was notable for her grouping of otherness-'Aborigines' and 'Asians'-as threat, this was a simple identification of two forms of difference, in indigeneity and non-white migration, that have been historically constructed as imperilling white Australia. Guy Ramsay takes up an historical connection between two such groups: Chinese and Indigenous peoples of North Queensland during the latter half of the nineteenth century. This community of Others was seen as a significant threat to the 'codes' and 'norms' of white behaviour, as legislation was introduced to restrict the immorality and vice necessarily attached to racial mixing. In our feature article, Peta Stephenson also analyses the reasons why the common experience of Australian racism by immigrant and Indigenous people has not forged significant bonds between the two groups. Beginning with a letter written by members of the Vietnamese community in response to the Federal Government's ongoing refusal to apologise to the Stolen Generations, Stephenson traces some of the current reasons for the lack of interaction between those theorised as Other in settler-indigene and Anglo-Ethnic conceptions. Despite, or perhaps because of, the historical proofs of the mistreatment of migrant groups, there is reason to suggest continuity in the behaviour of settler nations towards non-white peoples. Rita Wong's examination of the Canadian government's treatment of recent refugees to Canada provides similarities with Australia's own human rights record in this area. This impulse to criminalise refugee seekers is certainly one shared by both nations. The racialisation of the refugees in the media and government rhetoric implies that the persecution of Asians in Canada is not only an historical event. A further relevant international comparison to the Australian situation is evident in South Africa, where issues of reconciliation and apology for historical misdeeds have gained great societal prominence. Despite the limitations of South Africa's Truth and Reconciliation Commission, there was an intimacy to the discourses of apology made possible by the presence of 'perpetrator' and 'victim' in the same room: institutional space was provided by the Commission for the confessions of the perpetrators of human rights violations. These personal reconciliations intensify the focus on the apology to the 'victims' of human rights violations, and emphasise the personal accountability of those who perpetrated such acts. From her article on the workings of the South African Truth and Reconciliation Commission, Andie Miller's conclusion suggests that the official impulse to reconcile-a feature of both Australia's and South Africa's version of national redemption-cannot produce results that are acceptable to all elements of society. Likewise, an emphasis on personal investment in an 'apology' is apparent in the contributions of Kwok and Hughes in this issue. Even now, the reconciliation issue remains the locus of much angst and self-reflection. Having a gathering such as Australia Deliberates: Reconciliation for the 21st Century -- which was screened mid-February 2001 by the ABC -- aptly demonstrates the range of complex societal changes which need to take place. More to the point, the concept of reconciliation must move, as Jackie Huggins argues, from being a deed to becoming a plan ("Australia Deliberates"). References "Australia Deliberates: Reconciliation for the 21st Century". ABC. 17 February 2001.


1999 ◽  
Vol 6 (3) ◽  
pp. 303-324 ◽  
Author(s):  
Wilhelm J. Verwoerd

AbstractIn this article the 'genre' of the TRC Report is clarified in order to answer some of the criticisms of the TRC. It is argued that the TRC conceptualised its role as the promotion of restorative justice rather than retributive justice. Justice and reconciliation is served not by isolating perpetrators of gross human rights violations but by restoring human community. Different aspects of the effects of the TRC's work are considered, namely reconciliation, amnesty and forgiveness Justice-based and reconciliation-based criticisms of the TRC are answered.


2018 ◽  
Vol 13 (6) ◽  
pp. 1113-1128 ◽  
Author(s):  
Ñusta Carranza Ko

Embedded in transitional justice processes is an implicit reference to the production of collective memory and history. This article aims to study how memory initiatives become a crucial component of truth-seeking and reparations processes. The article examines South Korea’s Truth and Reconciliation Commission and the creation of collective memory through symbolic reparations of history revision in education. The South Korean Truth and Reconciliation Commission recommended a set of symbolic reparations to the state, including history rectification reflective of the truth on human rights violations. Using political discourse analysis, this study compares the South Korean Truth and Reconciliation Commission’s Final Report to the 2016 national history textbook. The article finds that the language of human rights in state sponsored history revisions contests the findings of the truth commission. And in doing so, this analysis argues for the need to reevaluate the government-initiated memory politics even in a democratic state that instituted numerous truth commissions and prosecuted former heads of state.


2020 ◽  
Vol 4 (1) ◽  
pp. 21
Author(s):  
M.Yakub Aiyub Kadir ◽  
Firmanila Firmanila

The establishment of Aceh TRC is based on the 2005 peace agreement between the Indonesian Government and the Free Aceh Movement (GAM), which then regulated under Act No. 11 year 2006 on Governing of Aceh, and was manifested through the Aceh Qanun No. 17 year 2013 on Aceh TRC. Three years later, the commissioner of Aceh TRC was chosen and inaugurated by Aceh House of Representative on July 2016. This paper investigates Aceh TRC and its progress in fulfilling the rights of women as the victim of Aceh’s conflict,  challenges and some recommendation for better implementation of TRC. Using a normative and empirical research, this paper found that Aceh TRC is an institution to uncover the truth of the past human rights violations, to achieve reconciliation and to recommend a comprehensive reparation. Currently (May 2019), Aceh TRC is collecting data to achieve the first goal that is uncovering the truth, while the rights of women as victim in Aceh’s conflict is remain alienated. It is recommended that Aceh TRC should implement the urgent reparations as soon as possible considering the condition of the women’s victim and their rights, and also for the central and provincial government to be supportive in terms of financial and moral support.


2020 ◽  
Vol 2 (2) ◽  
pp. 76-85
Author(s):  
Safrin Salam ◽  
Rizki Mustika Suhartono

Indonesia is a country that has a history of gross human rights violations. However, the case has not been resolved. In addition to settlement through the court, a reconciliation pattern is highly recommended in the settlement of the case in question. But the rules on reconciliation have been canceled by the Constitutional Court. The results of the study concluded that the Settlement of cases of gross human rights violations was resolved with a pattern of reconciliation with the establishment of an independent institution (KKR). Besides that, the pattern of reconciliation can also be done in a family way. Reconciliation arrangements exist in several regions in Indonesia, namely Papua, Aceh and Palu Reconciliation patterns that exist in these rules vary, there are those who use the TRC pattern there are also those who use family reconciliation patterns.


1995 ◽  
Vol 39 (2) ◽  
pp. 231-231 ◽  

In July 1995 this long-awaited Act was signed into law. Its Preamble states that it is: “To provide for the investigation and establishment of as complete a picture as possible of the nature, causes and extent of gross violations of human rights committed during the period from 1 March 1960 to the cut-off date contemplated in the Constitution, within or without the Republic, emanating from the conflicts of the past, and the fate or whereabouts of the victims of such violations; the granting of amnesty to persons who make full disclosure of acts associated with a political objective committed in the course of the conflicts of the past during the said period; affording victims an opportunity to relate the violations they suffered; the taking of measures aimed at the granting of reparation to, and the rehabilitation and the restoration of the human and civil dignity of, victims of violations of human rights; reporting to the Nation about such violations and victims; the making of recommendations aimed at the prevention of the commission of gross violations of human rights; and for the said purposes to provide for the establishment of a Truth and Reconciliation Commission, a Committee on Human Rights Violations, a Committee on Amnesty and a Committee on Reparation and Rehabilitation…”


2002 ◽  
Vol 5 ◽  
pp. 313-330 ◽  
Author(s):  
Abdul Tejan-Cole

Societies emerging from political turmoil and civil unrest associated with gross violations of human rights and humanitarian law face the crucial question of how to deal with these atrocities and put the past in its place. Since the 1980s, this problem has been a major preoccupation of international law and scholarship. The traditional responses include outside intervention in such states pursuant to Chapter VII powers under the United Nations Charter, grants of conditional amnesty to perpetrators of war crimes and crimes against humanity, grants of some form of unconditional amnesty, and prosecution of perpetrators.Nowhere is this question more pressing than in Sierra Leone, which recently emerged from a ten-year civil war characterized by systematic, serious and widespread violations of human rights and international humanitarian law. The Government of Sierra Leone had to make a choice between these four traditional strategies for dealing with these pervasive human rights violations.


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