Human rights are basic rights inherent to all human beings, universal and everlasting. Human rights must be protected, respected and fulfilled.
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Human rights are basic rights inherent to all human beings, universal and everlasting. Human rights must be protected, respected and fulfilled.
The considerations weighed in Law No. 26/2000 on the Court of Human Rights (HAM) ensure that human rights may not be neglected, reduced or taken away by anyone. A Human Rights Court must be established to resolve gross human rights violations to contribute to maintaining world peace and guaranteeing human rights, as well as to providing protection, certainty, justice and security to individuals and the public.
The establishment of a Human Rights Court is mandated by Law No. 39/1999 on Human Rights, the Constitution and the Reform Movement, because many past cases of human rights violations have not been settled. The amended Constitution of 1999 clearly includes the recognition of human rights. Paragraph (1), Article 28i of the 1945 Constitution affirms that the right to life, the right not to be tortured, the right to freedom of thought, conscience and religion, the right not to be enslaved, the right to be recognized before the law and the right not to be prosecuted on the basis of a retroactive law are rights that cannot be reduced under any condition.
Past human rights violations generally concern Article 28i of the 1945 Constitution. The government and the House of Representatives (DPR) have made various attempts to resolve past human rights violations, particularly gross human rights violations, as regulated in the Court of Human Rights Law. However, it must be acknowledged that to date, past cases of human rights violations have not been settled, let alone those that involve gross human rights violations, in a manner that is comprehensive and satisfactory to the public, especially those victims of the violations. To mention just a few, the May 1998 riots, the Semanggi I and II incidents and the Tanjung Priok 1984 incident still remain partially veiled.
The Kompas\'poll on 4-5 Dec. 2019 involving 512 respondents in 17 big cities indicates that public hope is dimming that the government and its officials will resolve past human rights violations. As many as 61.1 percent of respondents said that they were not convinced that the government would fully resolve past gross human rights violations (Kompas, 11/12/2019).
President Joko Widodo has only once responded directly to the Kamisan (Thursday demonstrations) action – which victims of human rights violations have held since 18 Jan. 2007 – in 2018.
Public distrust could grow because the government and law enforcers have maintained a vague stance to the present. The Truth and Reconciliation Commission (KKR) that the government and the DPR initiated through Law No. 27/2004 to resolve past gross human rights violations ended in failure at the Constitutional Court (MK). Islah (dispute settlement) between perpetrators and their victims was alleged to be an effort at avoiding court trials for those who had violated human rights. President Joko Widodo has only once responded directly to the Kamisan (Thursday demonstrations) action – which victims of human rights violations have held since 18 Jan. 2007 – in 2018.
The idea to revive the Truth and Reconciliation Commission might resolve past gross human rights violations. However, all those concerned must be heard. All sides must hold a dialogue to find the best way forward.