scholarly journals KONSEP TRANSITIONAL JUSTICE DALAM PENANGANAN PELANGGARAN HAM BERAT DI INDONESIA

2020 ◽  
Vol 1 (2) ◽  
pp. 72-87
Author(s):  
Asher Tumbo

Authoritarian state power always has an impact on violations of human rights. In fact, in a period of authoritarian change of power in a country towards democratic governance often leaves scars in the form of gross violations of human rights. This condition is exacerbated by the inability of the judiciary to provide a sense of justice for victims of gross human rights violations committed by the ruling government. Indonesia has also experienced the same thing, where gross violations of human rights were committed by an authoritarian government. Some of the gross violations of human rights have not even been resolved to date. The concept of Transitional Justice is considered to be one of the answers to the problem of gross human rights violations that have occurred in Indonesia.This article will analyze the concept of Transitional Justice in dealing with gross human rights violations in Indonesia.The purpose of this paper is to find out the application of the concept of Transitional Justice in Indonesia.Based on the analysis used, it was found that the application of the concept of Transitional Justice in Indonesia could be done if there was an institution called the Truth and Reconciliation Commission.

Veritas ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 79-98
Author(s):  
Afif Alamsyah

Abstract As a state of law, Indonesia is obliged to provide human rights protection against the victims of heavy human rights violations. The idea of the formation of the KKR begins with the willingness of historical disclosure of truth on past interpretations that have never been dismantled as a preliminary answer to giving a sense of justice for the victims. What is expected in the reconciliation process is the recognition of past history that allows the victim to open an apology door for perpetrators of heavy human rights abuses. The Truth and Reconciliation Commission is a phenomenon of transition arising from the context of countries facing the transition from the authoritarian regime to the democratic regime. One of the very quaint and dilematical problems facing the new government in this situation is to answer the community's demands on human rights crimes (gross violation of human rights) occurring under the previous regime. The transitional Government sought to answer this problem by attempting to reconcile punitive tendencies on one side with a tendency to apologize or amnesty on the other side. So it can be said, the ability of transitional governments is limited to the effort to provide transitional justice that is not entirely satisfactory. The Truth and Reconciliation Commission (KKR) should be regarded as a real progress in the gross violations of human rights in the past who were able to provide substantial justice to its rights to the realization of human rights protection in Indonesia.


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 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.


PETITUM ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 100-113
Author(s):  
Moh Fadhil

This research aims to examine efforts to fulfill transitional justice through its four windows. The method used is normative legal research with conceptual and historical approaches. The results showed that the problem of impunity inhibited in all transitional justice windows, starting from the truth window in the absence of the Truth and Reconciliation Commission, the justice window in the form of a justice mechanism that caused friction between the National Human Rights Commission and the Attorney General's Office, the reparation window which until now only Aceh and Palu have real programs for victims and survivors, institutional reform windows that have not reduced the total security approach and the absence of vetting mechanisms. Therefore, a policy reformulation process is needed in the Human Rights Court Law to strengthen the position of the NHRC and immediately discuss the TRC Bill, accelerate reparations and institutional reform programs   Penelitan ini bertujuan untuk menelaah upaya pemenuhan keadilan transisi melalui empat jendela. Metode yang digunakan adalah penelitian hukum normatif dengan pendekatan konseptual dan pendekatan sejarah. Hasil penelitian menunjukkan bahwa problem impunitas menghambat di semua jendela keadilan transisi, mulai dari jendela kebenaran berupa ketiadaan KKR, jendela keadilan berupa mekanisme peradilan yang menimbulkan friksi antara Komnas HAM dengan Kejaksaan Agung, jendela reparasi yang hingga saat ini baru Aceh dan Palu yang memiliki program yang nyata bagi para korban dan penyintas dan jendela reformasi institusi yang belum mereduksi total pendekatan keamanan serta ketiadaan mekanisme seleksi terhadap rekam jejak anggota militer. Oleh karena itu, dibutuhkan proses reformulasi kebijakan pada UU Pengadilan HAM dan segera membahas RUU KKR, percepatan program reparasi dan reformasi institusi.


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>


Author(s):  
Barbara De Cock ◽  
Daniel Michaud Maturana

AbstractDrawing on discourse analysis and cognitive linguistics, this paper analyzes the discursive construction of human rights violations in the report of the Chilean Truth and Reconciliation Commission, also called Rettig Commission. We show that there is a strong contrast in how the victims and perpetrators are represented in the case descriptions. While the victims are clearly identified, the perpetrators are not identified individually. Moreover, through a variety of strategies, the agent of the human rights violations often remains vague or unexpressed. Furthermore, we show that different sources of information are included in the event description – entailing different windows of attention – save the perpetrator’s testimonies. By doing so, the report clearly privileges in its discursive construction of the events the non-attribution of responsibility over the completeness of information principle.


2000 ◽  
Vol 21 (2) ◽  
pp. 301-315
Author(s):  
P. G. J. Meiring

Reparations, the unpaid account of the Truth and Reconciliation ProcessThe author contends that the final question about the contribution of the South African Truth and Reconciliation Commission will not be whether the Human Rights Violations Committee or even the Amnesty Committee were successful in their respective tasks of collecting data, as well as holding numerous victims' and amnesty hearings throughout the country, but concerns the question of reparation to the victims of apartheid. Raising his concern about the fact that government was slow to act upon the TRC’s reparation proposals, he underlines the reasons why proper reparation was of supreme importance to the victims as well as to the nation. After discussing the five categories of reparation proposals, the author suggests a number of areas where the faith communities in the country have a unique and significant contribution to make.


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