Exploring the Effectiveness of the Human Rights Court in Indonesia: A Call for Humanitarian Action

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Ria Wierma Putri
https://orcid.org/0000-0003-1665-9136
Yunita Maya Putri
Eddy Rifai

Abstract

Indonesia’s Human Rights Court, established under Law No. 26/2000, has faced criticism due to persistent unresolved cases, highlighting flaws in its legal foundation. The Court’s performance revealed that Indonesia has been ineffective in resolving serious human rights violation cases. This research emphasizes two main points: 1) exploring human rights enforcement in Indonesia based on the effectiveness of the Human Rights Court’s performance, and 2) scrutinizing the context of humanitarian intervention in cases of gross human rights violations in Indonesia. The article utilized a normative juridical research approach, followed by a descriptive analysis through a literature study. The research illustrated that human rights enforcement in Indonesia was inadequate, often stalling at the inquiry stage. Trials for the 1984 Tanjung Priok massacre, East Timor, and Abepura resulted in acquittals, raising doubts about the effectiveness of the Human Rights Court’s Law (No. 26/2000). Furthermore, humanitarian intervention was deemed necessary to address these unresolved violations, viewed not as a violation of sovereignty but as a means to enhance human rights protection. This requires national and international cooperation, focusing on resolving cases rather than debating jurisdiction. 

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How to Cite
Putri, Ria Wierma, Yunita Maya Putri, and Eddy Rifai. 2024. “Exploring the Effectiveness of the Human Rights Court in Indonesia: A Call for Humanitarian Action”. Journal of Liberty and International Affairs 10 (2):97-118. https://doi.org/10.47305/JLIA24102097w.
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Author Biographies

Ria Wierma Putri, Faculty of Law, Universitas Lampung, Indonesia

Ria Wiema Putri, S.H., M.Hum., Ph.D., is an international law lecturer specializing in human rights law. She graduated from the University of Lampung in 2002 and earned her Ph.D. from Kanazawa University, Japan, in 2021. Since 2009, she has been a dedicated lecturer at the University of Lampung, specializing in International Law and currently serving as the Chair of the Master's Program in Law. Ria Wiema Putri's commitment to human rights is evident through her participation in various programs, including the Human Rights Training for Law Faculty Lecturers in Indonesia and international workshops on intellectual property. She has represented Indonesia in the Regional Course of International Law at the United Nations in Bangkok and the ASEAN LAW Academy in Singapore. Moreover, as an active Intellectual Property and Innovation Researchers of Asia Association (IPIRA) member, Ria Wiema Putri has contributed significantly to human rights discourse. Notable publications include works on protecting human rights defenders and Indonesia's democracy, emphasizing human rights based on Pancasila. Her research also extends to climate resilience and sustainable development goals in Indonesia.

Yunita Maya Putri, Faculty of Law, Universitas Lampung, Indonesia

Yunita Maya Putri, a dedicated junior lecturer in international law at Lampung University, Indonesia, has spent the last decade specializing in human rights and intellectual property rights within communal settings. Her focus on these crucial areas is reflected in her extensive research and publications, garnering recognition both nationally and internationally. Currently serving as the head of the Research Center for Child, Social, and Women at Lampung University, Yunita plays a pivotal role in advancing understanding and policies in these critical areas. Additionally, her commitment to broader societal goals is evident through her membership in the Sustainable Development Goals (SDGs) center at the university. Beyond academia, Yunita actively engages in community service programs, demonstrating her dedication to translating research into tangible positive impacts. Through her multifaceted contributions, Yunita Maya Putri stands as a commendable advocate for human rights, intellectual property rights, and social development in her community and beyond.

Eddy Rifai, Faculty of Law, Universitas Lampung, Indonesia

Prof. Eddy Rifai (1961 - 2023) was a distinguished scholar in criminal law and human rights. Starting his career as a lecturer, he dedicated his life to educating and inspiring students. In 2023, he achieved the title of Professor, a testament to his significant contributions to legal scholarship. A few months after this achievement, he passed away. One of the last works he published before his passing was the groundbreaking manuscript, "The Urgency of the Restorative Justice Model in the Order to Humanistic Law Enforcement." This publication analyzed the application of restorative justice in criminal cases, advocating for a more humane approach to achieve justice for perpetrators, victims, and the community. Prof. Rifai's legacy continues to impact the legal community, leaving behind a profound commitment to justice and human rights.