TINJAUAN YURIDIS PENYELESAIAN PELANGGARAN HAK ASASI MANUSIA MASA LALU MELALUI REKONSILIASI

Abstract

Indonesia is a legal state that is obliged to give awards and guarantee protection against human rights issues. Various human rights violations since the old order still have not got legal certainty, gross human rights violations also almost always involve the state apparatus, either actively or passively. The victims experienced various acts of violence: physical, mental, until the loss of life. Whereas, the most responsible party to protect and maintain the fulfillment of human rights every individual or citizen is the state through the state apparatus / tool.
To prosecute gross human rights violations established by the Human Rights Court within the General Courts. To implement it, Law Number 26 Year 2000 on Human Rights Court was established. Article 4 states that the Human Rights Court has the duty and authority to examine and decide cases of gross human rights violations.
The difficulty of working through the formal legal process to deal with past human rights crimes, as mentioned above, is a strong impetus for the need for alternative settlement mechanisms, commonly known as the "Truth and Reconciliation Commission (TRC)". The task of the Truth Commission is to seek, find, and present facts about a past event with all its consequences; Consider and place the justice of victims and perpetrators as a working principle; Should not be unfair and unjust to the perpetrators; And finally all findings must be stated in a fair, fair, honest and transparent manner; And not manipulative.
According to the author, the Truth and Reconciliation Commission is still very appropriate to be implemented. Although the Constitutional Court has annulled Law No. 27 of 2004 on the Truth and Reconciliation Commission as a whole, it does not mean that reconciliation can not be used..
Keywords: Responsibility - Reconciliation - Past Human Rights Violations