Restorative Justice For Gross Violation of Human Rights in Indonesia: Opportunities and Challenges
Abstract
The feasibility of implementing restorative justice to address historical gross human
rights violations in Indonesia is the point of this research, drawing upon the
experiences of Truth and Reconciliation Commissions (TRCs) in South Korea and
South Africa. The study assesses the suitability of restorative justice to redress these
deeply rooted issues while examining the associated opportunities and challenges. This
study used normative legal research by using conceptual, comparative, and juridical
approach. The key findings highlight the potential effectiveness of restorative justice in
Indonesian history. Lengthy legal proceedings have impeded witnesses and evidence
collection, leading to unsatisfactory verdicts. Transparent communication from the
Indonesian government on the mechanisms used by the Presidential Palace of Human
Rights and Anti-Violence (PPHAM) is imperative. The willingness of victims and their
families to engage in the resolution process varies due to the trauma endured by their
loved ones. The issue of impunity remains a significant obstacle. Indonesia, however,
presents opportunities for advancing restorative justice. It has demonstrated its
commitment to promoting the restorative justice movement through Presidential
Decree Number 17 of 2022, mandating victim recovery as a central objective. Drawing
lessons from the TRCs in South Korea and South Africa, this research provides insights
into the applicability of restorative justice. It highlights the importance of transparent
communication, victim engagement, and eradicating impunity as pivotal step
Collections
- Law [2428]