Abstract
Good ethnic minority justice is a notion which stipulates equal treatment for all people, including ethnic minorities, regardless of their ethnic, religious, or cultural background. This paper will discuss the vital demand for the implementation of good governance in providing justice to ethnic minorities. Good governance, at least, comprises of the principle of transparency, the principle of participation and the principle of human rights. Furthermore, this paper will focus on theoretical and philosophical analyses towards the need for good ethnic minority justice. Some examples are mentioned from the situation of legal protection of ethnic minorities in Indonesia and the Netherlands. Meanwhile, philosophical discourses emphasize good ethnic minority justice which is the opposite of the dominant theory of justice. The theory of justice mostly supports the position of the majority. Good ethnic minority justice highlights the legal protection of ethnic minorities.
Highlights
This paper discusses the need for good governance by ethnic minorities
The last part of this paper describes philosophical thought on good ethnic minority justice
This paper applies the state of art, namely: the idea of good ethnic minority justice is established from the implementation of the principles of transparency, participation and human rights in legal practice
Summary
This paper discusses the need for good governance by ethnic minorities. Generally speaking, ethnic minorities want to have better access to public information, and want their human rights to be protected. This paper applies the state of art, namely: the idea of good ethnic minority justice is established from the implementation of the principles of transparency, participation and human rights in legal practice. Good governance may ensure the implementation of the principle of transparency which provides all people, including ethnic minorities, access to public information. Apart from the fulfilment of the implementation of the principle of transparency, participation and human rights mentioned above, this paper tries to describe theoretical explanations of the concept of good ethnic minority justice. Is that good governance principles such as the principle of transparency, the principle of participation and the principle of human right may foster the position of ethnic minorities? Especially a normative legal approach, this paper discusses the position of ethnic minorities in facing legal system in Indonesia and its comparison with the Netherlands. A normative legal approach is the legal research method which investigating a legal norm and the power of government institutions beside identifying philosophy of law or legal theory which applied in legal field.[1]
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