THE DYNAMICS OF HUMAN RIGHTS ENFORCEMENT IN INDONESIA: A MISCONCEPTION AND POLITICAL CONSIDERATION IN THE FORMULATION OF LAW NUMBER 26 YEAR 2000 ON HUMAN RIGHTS COURT
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Date
2017-04-04Author
RACHMAN, MUHAMMAD IQBAL
SAHIDHADI, SAHIDHADI
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Grounded on the existing obligations, States are required to provide a guarantee its rights. However,
in practical landscape not all countries do with their obligations should be, including Indonesia. One
important issue related to guarantees human rights in Indonesia is the occurrence of human rights
violations in the past, such as the mass slaughter of 1965 that killed about 1,500,000 people and mysterious
shooter “Petrus” in 1982. Need to understand, though these human right violations occurred in the
past, one of the principles of law enforcement of human rights is the principle of impunity. One of the
Government’s efforts to enforce the law against past human rights violations in Indonesia is to establish a
law number 26 year 2000 on human right Courts. Although it has been enacted for 17 years before, law
enforcement against human rights abuses in the past is far from the perfect words. As a result, some
opinions are debated each other dialectically in responding to the existence of a human rights tribunal
legislation. The Synthesis of this paper, concluding that the law number 26 year 2000 was wrong in
legislation concept of human rights and in addition to the manufacturing process also dominated with
political paraphernalia. Therefore, the effectiveness of the enforcement of the law against such violations
still has no power to enforce the human rights totally. Therefore, the author recommends doing the
reformulating and revision of law number 26 year 2000 on human rights court.