Efforts to Protect and Uphold Human Rights: Human Rights Courts

By  Akhmad Zamroni  

Source: http://mediad.publicbroadcasting.net

The trial of cases of human rights violations in Indonesia is carried out through two court institutions, namely the general court (ordinary) and the human rights court (special). Judiciary through public courts is carried out to adjudicate cases of minor offenses. Meanwhile, the trial through a human rights court is conducted to try cases of gross human rights violations. Human rights violations that are categorized as serious violations are genocide and crimes against humanity –– apart from the two violations are still classified as minor violations.

With Law no. 26 of 2000 on Human Rights Courts, a special court has been established under the name "Human Rights Court". However, according to the provisions of this law, a human rights court is established to hear cases of serious violations that occurred after the enactment of (passed) Law no. 26/2000. In other words, the human rights court only has the authority to hear cases of serious violations that occurred after 2000. As for serious violations that occurred before Law no. 26 of 2000 applies, the trial is conducted by an ad hoc human rights court, that is, a special human rights court that is established on a temporary basis. Cases of gross human rights violations that occurred before Law no. 26 of 2000 in effect can also be resolved by the Truth and Reconciliation Commission (KKR).

Justice for cases of human rights violations is clearly a very important part. Through this judiciary, the protection and enforcement of human rights will be much determined and at stake. The success of human rights courts will determine the success of efforts to protect and enforce human rights in our country.

The success of human rights courts itself is primarily measured by its ability to produce decisions (verdicts). If the decisions it issues are fair and correct, the human rights court can be said to be successful in carrying out its duties and powers. If this is the case, it is hoped that the efforts to protect and enforce human rights will also achieve success.

In principle, the judiciary for cases of human rights violations must be able to give fair and correct decisions. A fair and correct decision on the one hand will be able to restore and restore the rights of the victim, while on the other hand it will provide sanctions or punishments that are appropriate to the perpetrators of the violation. Both in the short and long term, fair and correct court decisions will have a positive impact on human rights protection and enforcement. The positive impacts that will result, among others, are as follows.

•    The public will become more aware of the importance of human rights.

•    The community will be moved to respect and respect the human rights of each other.

•    People will feel more secure and guaranteed their human rights.

•    Society increasingly trusts, respects and obeys the law.

•    People are not prone to human rights violations because they are increasingly critical, courageous, and proactive in making complaints and prosecutions.

•    Those who have the potential to commit human rights violations will have more control over their behavior because of the deterrent effect (kapok).

•    The likelihood or risk that cases of human rights violations will recur will be greatly reduced.

However, a fair and correct verdict in the trial of cases of human rights violations is not easy to realize. So far, court decisions in cases of gross human rights violations have very often caused controversy and dissatisfaction in the community. Even today, there are still many serious violators of human rights in the past - generally former officials and high-ranking police and military officers during the New Order era - who are still free to roam, untouched by the law.

Thus, the establishment of a human rights court with the task of adjudicating cases of violations is not sufficient. To optimize and ensure the success of the performance of a human rights court –– that is, one that can produce fair and correct decisions –– it is necessary for judges with conditions that are not playing games. Judges in a human rights court must truly master and have experience in human rights issues, be professional, have high morals, be free from KKN (corruption, collusion and nepotism), and have a high level of concern and dedication to human values. One more thing, they must also be able to work and give decisions on the basis of the highest justice and truth.