THE ANALYSIS OF TRANSITIONAL JUSTICE INITIATIVES AND THE FLAW OF PROSECUTION ON THE PAST HUMAN RIGHTS VIOLATION IN INDONESIA (TANJUNG PRIOK CASE)

Junaedi Saibih, Elwi Daniel, Kurnia Warman, Nani Mulyati

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Abstract

The transition from the New Order to the Reform Era has prompted inquiries from the public regarding the plans set aside by the government for implementing transitional justice initiatives. Therefore, this study examines the theoretical perspectives on transitional justice developed by many scholars in their publications, along with the various forms and institutions of justice in transitional regimes. These perspectives are crucial for assessing the effectiveness of transitional government initiatives toward achieving political stability and reconciling with the past. It also explores the concept of Victims-Centred Transitional Justice and raises the expectations and aspirations of victims regarding the transitional justice policy. The discourse sheds light on the Tanjung Priok case of 1984, where victims’ experiences with human rights violations are recounted through the provision of a platform for them to express their version of events. The subsequent sections will narrate the approach used by the government to address past human rights violations and the efforts of victim supporters in the House of Representatives leading up to the enactment of the Law on Human Rights Court. This section is instrumental in formulating a conclusion regarding the adequacy of Indonesian transitional justice.

Original languageEnglish
Pages (from-to)173-216
Number of pages44
JournalIndonesian Journal of International Law
Volume20
Issue number3
Publication statusPublished - 2023

Keywords

  • Human rights violation
  • Indonesia
  • Transitional justice

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