Victims Of Human Rights Violations Research Articles

Concept of Protection for Victims of Narcotics Abuse in Indonesia Fairly Based on Pancasila

Background: Since the introduction of criminal policy on victims of drug abuse in Indonesia in Law No. 35 of 2009 on Narcotic Drugs, the current legislation does not give room to the use of criminal means (tax and action), which extends both its content and benefits as contained in Article 127 paragraphs (1), (2), and (3), Jo. Article 103 Jo. Art. 54 is the punishment of criminal imprisonment, and the sentence of medical rehabilitation or social rehabilitation only tends to be rigid, So in legal practice, it still tends to position victims of drug abuse as being treated equally as perpetrators of drug offenses in general, without regard to justice for the protection of the victim of narcotics abuse itself. Adopting good concepts for the formulation of the Narcotics Act in the future is necessary as a reflection of the values of justice for the victims of drug abuse who are distributed to Indonesians based on Pancasila with a more flexible system of punishment. (flexible on sentencing). Objective: Analyzing to a great extent the innovative ideas of re-formulating criminal drug policy in Indonesia with a comparative study of criminal policy on victims of drug abuse in other countries. By using the method of doctrinal approach that analyzes the law as it is written in the books or the law as it is decided by the judge through the judicial process. Theoretical framework: Prison sentences for narcotics abuse have proved to be unable to reduce the number of narcotics abuses. The Law on Narcotic Drugs, in its development, has been updated with the enactment of Law No. 35 of 2009 on Drugs. There has been a legal revision of the provisions of this law, with the decriminalization of drug abuse perpetrators. Narcotics addicts and victims of drug abuse must undergo medical and social rehabilitation. Van Boven, a United Nations special rapporteur, puts the rights of victims of human rights violations in a comprehensive way that is not only limited to the right to know and to continued justice but also the right to reparation (Theo Van Boven, 2002). Method: This study uses the method of normative jurisprudence, or doctrinal law research, that analyzes both laws as they are written in the books and laws as they are decided by the judge through the judicial process. The use of skunder data as a source or material of information can be primary legal material, skunder legal material, or third-tier legal material. Results: The results of the study suggest that there is a need to re-formulate the criminal policy of legal protection of victims as perpetrators of crimes in the future drug law enforcement system, including articles on the use of non-criminal means in drug law in the future as a measure of prevention of the adverse influence of the black traffic of narcotics in Indonesia. To this end, it is necessary to encourage the support of the government by using all its powers to provide the budget, resources, and human resources for both the security and defense of the country, such as the Indonesian National Army/Police of the Republic of Indonesia/National Narcotics Agency, other law enforcement agencies, and the apparatus of government within the scope of the state administration, so that the presence and existence of a state in protecting citizens in a safe, comfortable, and realization of a divine, just, and civilized society with a sense of unity, settlement with mutiny, and justice in society will be felt.

대학 내 괴롭힘 사건 대응을 위한 법제도적 개선 과제

As a university is a community comprised of the activities of various members such as students, professors, and employees, harassment among university members appears in various and complex ways, and depending on the member, it becomes a problem as a violation of the right to study for some and a violation of labor rights for others. After the recent ban on 'harassment in the workplace' was stipulated under the Labor Standards Act, the university intends to apply the ban on workplace harassment under the Labor Standards Act in responding to harassment issues among members. However, in the case of members who are not employees, such as students, there is a hierarchy among members. Cases of harassment, such as cases where there is no relationship, are not subject to the application of current laws, causing universities to take a lukewarm response to protecting and responding to victims.
 In order for universities to actively autonomously regulate and respond to the various harassment behaviors of members that are in legal blind spots, it is necessary to first understand the concept of harassment behavior that must be ‘regulated and disciplined.’ In this regard, this study examined the concept of harassment behavior that is sought to be legally regulated through regulations prohibiting harassment in our current legal system, and also attempted to suggest problems and directions for improvement in the regulation of harassment in the current legal system.
 Meanwhile, as the Higher Education Act of 2021 mandated the establishment of human rights centers in universities, it became possible for harassment issues at universities to be treated as human rights violations through the human rights centers. However, the current scope of work of the Human Rights Center in Article 19-3, Paragraph 2 of the Higher Education Act is insufficient for the Human Rights Center to fully fulfill its functions and roles. In this regard, I also wanted to discuss the direction of legal improvement of regulations related to university human rights centers to comply with the responsibility of universities, which are higher education institutions, to create a human rights-friendly educational environment and the function of protecting victims of human rights violations.

Analysis of Recognition from the Perspective of International Law and Implementation of Public Policies in Indonesia and Myanmar

Human rights are a universal issue that is of concern to the international community. The countries of Indonesia and Myanmar certainly have a historical record of quite large human rights violations, so it is very important to know and learn about the recognition of human rights between the two countries and the implementation of public policies related to human rights in these two countries, namely Indonesia and Myanmar. This study aims to analyze, discuss, and provide an overview or view of the differences in the recognition of human rights between Indonesia and Myanmar from the perspective of international law, while also analyzing the implementation of public policies related to rules and laws regarding human rights. human rights in both countries through legislative mechanisms and public policy practices, especially in Indonesia and Myanmar. The method used in this study is a normativelegal method with data analysis techniques through literature studies, collecting information from various sources, including reports from international and national human rights organizations, academic publications, journals, and other information sources related to human rights. The main findings show that there are several differences in the recognition of human rights between Indonesia and Myanmar based on international conventions on human rights.In addition, the implementation of rules or laws on human rights in both countries also has its own challenges, such as the weak protection system for victims of human rights violations and local cultural factors. The conclusion of this research is that, despite progress in implementing international standards on human rights in Indonesia and Myanmar, there are still some challenges that need to be overcome. Therefore, there is a need for further efforts from the government and civil society to increase the recognition and protection of human rights in the two countries. This research provides a deeper understanding of comparative human rights in Indonesia and Myanmar, as well as valuable insights for efforts to improve and protect human rights in both countries.

Victims of criminal offenses: Their needs, rights and respect in practice

Abstract While the situation of crime victims is analyzed by law enforcement officers, victims of human rights violations deserve special attention due to the very fact that these violations were ‘performed’ by the state, through its official employee or a person who acts in the capacity of an official. This fact does not in any way change the right of the victims to be treated with kindness and respect, nor does it affect their right to benefit from justice mechanisms and to have immediate solutions. It should be understood that such a violation of individual rights committed by or with the consent of a state official, can seriously damage the relationship between citizens and the State. The outcome of law enforcement, in terms of the current condition of law and order, depends on the existence of good relations with the public. When law enforcement officers carry out practices that contradict the rights and freedoms of the individual, the very link between the organism as a whole and the community is endangered. Trust and security are two conditions for fruitful communication and cooperation between the community and the law enforcement body. When trust and security are weakened due to the illegal and arbitrary behavior of law enforcement officers, the quality of cooperation and communication is also weakened. Special care should be taken for the victims of such violations so that the occasional incidents do not have devastating consequences on the image and work of the entire law enforcement organization.

Implementation of Human Rights Protection against Victims of Severe Human Rights Violations in Indonesia's Criminal Justice System

The study is back to back by seeing that legal protection against victims of severe human rights violations is necessary, as the weak should be effective in protecting the law. So the author was interested in doing this study that discussed how the implementation of human rights protection against victims of severe human rights violations in the criminal justice system in Indonesia, What is problematic in the study is how victims of major human rights violations are regulated in Indonesia and whether the implementation of legal protection against victims of severe human rights violations in existing regulations could provide legal protection against victims of human rights violations. The method of research used in this study is normatif juridical or search literature. Research has shown that the rights of victims of gross human rights violations in criminal justice systems are regulated in 190 penal code laws laws on criminal events, the rule 26 year 2000 on human rights on the next human rights court is governed by regulations granting protection to victims and witnesses in 2002 government regulation Number 2 year and government regulation Number 3 2002 on compensation ordinances, Restitution and rehabilitation, act Number 27 in 2004 on the commission of truth and reconciliation, and in the 2006 act Number 13 on the protection of witnesses and victims. The implementation of protection of law against victims of severe human rights violations in Indonesia has not been consistent with the current laws. Where victims' rights are not fully satisfied because of any legal obstacles such as his lack of success in proving a perpetrator in a severe human rights violation. The weakness of legal procedures that make compensating and rehabilitation to victims is difficult to realize.

Examining the Role of International Human Rights Tribunals in Promoting Accountability for Human Rights Violations

This study investigates the crucial role of international human rights courts in advancing accountability for human rights abuses. Its primary objective is to evaluate the effectiveness of these tribunals in holding accountable those — individuals, states, and non-state actors are to blame for major human rights violations. As part of the research methodology, relevant literature, case studies, and legal decisions from international human rights tribunals are thoroughly examined. The International Criminal Court (ICC), the International Court of Justice, and local human rights courts are all part of this. The scope of the investigation includes War crimes, genocide, and crimes against humanity, torture, and enforced disappearances. The findings underscore the substantial contribution made by international human rights courts in ensuring justice, truth-seeking, and redress for victims of human rights abuses. These tribunals have played a pivotal role in establishing legal precedents, clarifying the extent of human rights obligations, and fostering international cooperation to address impunity. The study also explores the challenges confronted by international human rights courts, including limited jurisdiction, enforcement capacity, and political opposition. Additionally, it examines potential synergies between international tribunals and national justice systems to strengthen accountability mechanisms at both the international and domestic levels. The findings of this study have significant implications for policymakers, individuals who advocate for human rights, and those who work in the legal field because they highlight the importance of a powerful and independent international human rights court in promoting accountability and providing justice for victims of human rights violations all over the world.

Examining Qanun in Aceh from a human rights perspective: status, substance and impact on vulnerable groups and minorities

The Helsinki Agreement between the Aceh Freedom Movement (GAM) and the Indonesian Government aimed to end long-standing conflict and inequality in Aceh. It also legally empowered the Acehnese to govern their own province and protect their citizens from human rights abuses. Regrettably, the implementation of laws and policies in Aceh since the agreement, such as Qanun, has had an adverse effect on human rights, particularly for vulnerable groups and minorities. This paper analyses the need to align the substance of Qanun with international human rights norms and assesses the feasibility of implementing Qanun without violating human rights. The research method used is the qualitative method. The data collection technique mainly involves in-depth interviews with key informants, including academics, members of Aceh parliament, civil society organisations, representatives of religious organisations, the Aceh Sharia Court, the Acehnese government, and practitioners on women and children, as well as victims of human rights violations and literature reviews. This study has found that the implementation of Aceh Qanun has had negative consequences on the protection of human rights, particularly for vulnerable groups and minorities. In addition, it also affects vulnerable groups, Muslim and non-Muslim minorities who have been “forced to conform” with Aceh Qanun. The paper advocates for a harmonious balance between Qanun and human rights, which can be achieved through a more constructive dialogue between the two.

Implementation of Business and Human Rights Principles (UNGPs) in the Protection given to Indonesian Laborers: Gender Perspective

This research aims to analyze to what extent business and human rights principles have been implemented to protect workers and laborers in Indonesia according to the gender perspective. This research employed a normative method by analyzing the norms set forth in international law synchronized with the provisions in the statute (statutory approach) in Indonesia descriptively and conceptually. The research concludes that Ruggie initiated business and human rights principles as a new concept regarding corporate responsibility to meet the development of human rights. The protection of human rights for workers, especially women, has not been sufficiently given. The management of the dimension of human rights in employment-related matters requires business relations and human rights with the concept of three pillars. First, the state is responsible for preventing violations of human rights. Second, corporations are responsible for respecting human rights. Third, this pillar manages access to the recovery of victims of human rights violations. Furthermore, the protection of workers and laborers is governed by an employment law that needs to be elaborated further by normalizing business and human rights principles in the employment sector.

International Legal Mechanisms for the Protection and Promotion of Women’s Rights in Latin America and the Caribbean

At both universal and regional levels, women are identified as a vulnerable category of individuals, as they are at the increased risk of becoming victims of human rights violations. Historical experience points to practices and traditions that have purposely limited women’s rights, resulting in entrenched stereotypes against women. The most acute form of violation of women’s rights is gender-based violence. In 2021, at least 4,473 women in Latin America and the Caribbean were victims of feminicide, 1 an extreme and deadly form of gender-based violence. The purpose of this article is to analyze the Inter-American international legal mechanisms for the protection and promotion of women’s rights. Both universal international legal instruments and regional Inter-American agreements provide mechanisms that enable individuals, whose rights were violated as a result of discrimination or violence, to submit individual communications. In addition, both universal mechanisms and regional Inter-American mechanisms promote the gender agenda in Latin America and the Caribbean, as well as the implementation of international law in national legislation. The in-depth analysis of Inter-American mechanisms for the protection and promotion of women’s rights reveals both the system’s unique features and its shortcomings. In particular, the two-level system of individual communications submission means that not all cases, which deal with the protection of women’s rights against violence, reach the Inter- American Court of Human Rights. Moreover, the insignificant number of cases of women’s rights violations heard before the Court points to the weak law enforcement practice within the existing Inter-American mechanisms. In addition to the Inter-American regulation within the framework of the OAS, this article examines the activities of integration sub-regional unions, such as Mercosur and the Andean Community. In particular, these integration unions, as well as ECLAC — the Economic Commission for Latin America and the Caribbean, contribute to gender equality and the empowerment of women within the region.

Exploring human rights violations in post new era Indonesia

Although human rights have been officially recognized in Indonesia, human rights violations have persisted since Suharto's authoritarian regime. The purpose of this article is to examine why human rights violations that have occurred in Indonesia since the New Order era, when the Suharto regime was in power, but have yet to be resolved. With a human rights perspective, the author employs qualitative research methods in conjunction with secondary data from credible sources. Human rights violations committed during the New Order regime went unpunished, and impunity reigned. To this day, there are challenges to impunity for human rights violations in Indonesia, where the government does not have good faith to fulfil the rights of victims of human rights violations, and civil society organizations both on the national and international levels are powerless to support the resolution of these human rights violations. This situation will have an impact on Indonesia's international standing as one of the largest democratic countries that recognizes, protects, and fulfils human rights.

NGOs' approach to human rights and the challenges in Bangladesh

Motivation Human rights non-governmental organizations (HR NGOs) play a significant role in the protection and promotion of human rights, particularly in the global south. In Bangladesh, human rights violations are a major concern. The government's approach to helping victims of abuses and upholding human rights has become contentious. Therefore, in this context, NGOs' approach to and activism in helping victims, public education, and putting pressure on the government to uphold human rights have been considered vital. Purpose The article evaluates and explores the key challenges HR NGOs in Bangladesh face in safeguarding human rights. Methods and approach For this qualitative study, primary data was collected through in-depth interviews with 25 human rights activists, victims of human rights violations and their family members, journalists, NGO officials, and academics. The 25 participants were selected on the basis of purposive and snowball sampling techniques. Findings The findings suggest that the overall role of HR NGOs in Bangladesh is dubious. The HR NGOs in Bangladesh cannot play an effective role in promoting human rights, and the government's role and its responsibility to help victims and safeguard human rights is not upheld. Bangladesh's government tries to limit the function of human rights groups. The key challenges faced by HR NGOs include the ruling elite's intervention in their activities, the government's oppression and harassment of NGO officials, the country's culture of impunity, NGOs' dependence on foreign donations, restrictive laws used to control the growth of HR NGOs, the HR NGOs' financial condition and political interest, and the ineffectiveness of human rights institutions in Bangladesh. These challenges restrict the growth of the HR NGOs in the country and result in their poor performance. However, although their role and influence are limited due to the many forms of government control and oppression, HR NGOs appear to be more active than the government in upholding human rights. Policy implications The collective efforts of the HR NGOs, civil society, the government, and general citizens are crucial to protect and support human rights. HR NGOs, civil society organizations (CSOs), journalists, and the general public should not remain silent on gross violations of human rights but should make the utmost effort to encourage citizens to break the culture of impunity and raise their voices against human rights abuses. In this regard, citizens need to understand the concept of human rights. The state's co-operation in protecting human rights is critical, as the fundamental duty of the state is to ensure the rights of its citizens. Human rights NGOs should monitor human rights situations, help victims of violations, and engage in popular education. The voices of HR NGOs and CSOs should be neutral and united in order to exert enough pressure on the government to change its behaviour regarding human rights. In addition, the judiciary, NHRC, and Anti-Corruption Commission (ACC) should play an active role in ensuring equality and justice.

Law Enforcement Cases of Human Rights Violations in Indonesia

This study discusses the protection of the rights of terrorism suspects in the Indonesian criminal justicesystem. The rights of suspects, including those considered terrorists, are guaranteed by law. It is the hopeof all Indonesian people, the government, and especially law enforcement officers to deal with terrorismcrime cases quickly, precisely and correctly. Considering that it is feared that suspects who are suspected ofbeing perpetrators of terrorism will eventually become victims of human rights violations by law enforcementofficers (investigators) perhaps because of the influence of foreign pressure, which has dropped the stigmathat the suspect is automatically the perpetrator. For example, investigators take acts of terror against suspectsin terrorism cases so that they are willing to provide information and admit their actions. This study uses anormative juridical method which aims to analyze the effectiveness of law enforcement in cases of humanrights violations in Indonesia. This study uses primary data in the form of reports on investigations of humanrights violations and secondary data in the form of primary legal materials and secondary legal materials. Datacollection is done through library research. The results of the study indicate that the protection of the suspect’shuman rights in the Indonesian criminal justice system, especially in national law, is an important part ofdevelopment in the field of law, especially law enforcement against criminal acts of terrorism. due process model and theory adapted to Pancasila as the basis of the state and the 1945 Constitution.

Від підтвердження до дискримінації: недостатні права власності на землю для китайців та індійців в особливому регіоні Індонезії

This paper traces the historical concept and its implementation of land ownership policy in the only special region of Indonesia, namely Yogyakarta. The concept of Uniformity of Giving the Right on Land Policy merely to indigenous and banning the non-indigenous from the land ownership rights was intended as affirmative action to pressing the gap of poverty in Yogyakarta. The legacy of the past when the colonial era placed the indigenous in the lowest class became the main reason that was used as the root for causing social gap with non-indigenous. Land as a key capital in human life is used as an instrument to reduce and press the social gap from poverty. A concept taken from the inheritance of past policies with local and colonial influences was issued by the government which later became known as the 1975 Instruction. The results of the study showed that there were inconsistencies in the implementation of the land ownership policy in Yogyakarta. The ban on land ownership only targets Indians and Chinese, while other non-natives (i.e. Arabs) still hold land ownership title in Yogyakarta. Actions intended as affirmative instead turn into discriminative. Therefore, the Indians and Chinese are victims of human rights violations by the Yogyakarta government because they are only allowed to own the Right of Building, and are prohibited from owning land property rights. In response to such circumstances, there is a unique pattern that shows a perfect contradiction because there are differences between Indians and Chinese facing discriminatory actions and violations of human rights to them. The Chinese people chose to carry out resistance by taking legal action; on the other hand, the Indian people seem to have come to terms with the situation.

UN Treaty on Business and Human Rights or Investor-State Arbitration? A Sober Answer for the Better Protection of Human Rights

Summary The concept of legal personality has been and is currently the object of studies. The doctrine is vast and made of many convincing interpretations. For this reason, an excursus of the main theories will be outlined in the light of recent events which support a specific theoretical orientation. The study will give a clear understanding of how international legal personality applies to Non-State Actors. After removing minor doctrines from the equation, those that remain will be highlighted, and compared with how the same matter is de facto faced in international investment law. The relationship between international investment law and international human rights law with regards to the role played by investors will be scrutinised. In investment arbitration, the position of the State and the investor is equal. This leads to the impression that international investment law is the realm in which to ensure more protection for the victims of human rights violations by business enterprises. So, if respect for international human rights is incorporated into the investment arbitral dispute procedures it could protect and or prevent human rights abuses. The opposite approach is to view business activities as objects. In this case, the role to regulate companies and protect stakeholders will be only on the state, and companies will be indirectly obliged to respect human rights. Therefore, the current draft of the binding treaty on business and human rights will be taken into consideration. The analysis of the two approaches will highlight which represents the more stable option for preventing, protecting and remedying human rights abuses by business enterprises. Specifically, the main questions to be answered are: is the international investment law’s field the future for more effective protection of human rights violations coming from business activities? Or is it a states’ prerogative to set and impose rules to prevent and protect such violations?

Against settlement before the European Court of Human Rights

Abstract Even though they represent almost 50% of all reported cases before the European Court of Human Rights (ECtHR), settlements of human rights violations escape scholars’ attention. While victims are increasingly expected to resolve their disputes amicably, it is unclear whether applicants will be better off accepting settlement offers rather than proceeding to litigation. The article charts the practice of friendly settlements before the Court from the 1980s to today, mapping a shift in approach from seeking bilateral solutions to the proactive role of the Registry as mediator encouraging states and applicants to settle their cases to relieve the Court of the heavy workload. The study of 10,500 cases reveals how strategies adopted by the Registry—from procedural changes to how and when consent is given to settlement, to the framing of settlement offers, and a close relationship with representatives of the respondent state—have favored the most frequent violators of the European Convention on Human Rights and sidelined the interests of the applicant. The analysis uncovers that the imbalance between parties and lack of enforcement are very much present in the ECtHR settlement system and that the active role of the Registry has reinforced, rather than redressed these concerns. The findings expose the dangers of pursuing en masse settlement in the human rights context and raise concerns about achieving long-term justice for victims of human rights violations through other means than adjudication.

Moving North: Analysis of News Representation of Central American Immigration in the U.S. and Mexico

ABSTRACT Through a qualitative comparative analysis, we examine how Mexican and U.S. newspapers cover the massive arrival of Central Americans in 2014 and 2016. We find that the representation of these migrants in these two countries reflects the specific characteristics of each country’s liberal media system model. In the U.S. coverage, characterized by a “Liberal" media system model that is relatively independent from government sources, the arrival of Central Americans is portrayed as a chaotic situation that overwhelmed border agencies and the immigration system. In doing so, it prevails a legacy discourse on the “illegality” of the phenomenon, highly characteristic of how U.S. media has historically depicted this population. In contrast, Mexican newspapers coverage is heavily influenced by official voices, depicting Central Americans as victims of human rights violations and as “in-transit” foreigners trying to reach the U.S. In this coverage, the government emerges as less accountable for the immigration crisis, reflecting its “Captured Liberal” media system model. By bringing together research in developed and developing nations, our comparative findings offer initial evidence about the influence of two media system models in shaping immigration news.

Protection of Human Rights and Barriers for People with HIV/AIDS in Colombia: An Analysis of the Legal Framework.

People living with HIV/AIDS not only suffer in terms of physical and/or psychological health, but also frequently experience violations of human rights and fundamental freedoms. Although there are international treaties and a regulatory framework that legally protects people with HIV/AIDS, it is essential to determine the effectiveness of the regulatory framework in Colombia. Therefore, our main goal was to examine the legislation on HIV/AIDS in Colombia with the purpose of understanding the decrees and laws, and describing the main obstacles and barriers that people with HIV/AIDS encounter. For this purpose, we employed the method of legal interpretation and reviewed the legal regulations on HIV/AIDS, as well as the judgments of guardianship of the Constitutional Court. It is verified that there is a specific regulation on HIV/AIDS, specifically decree 559 of 19,991, decree 1543 of 1997, Law 599 of 2000, Law 972 of 2005, and Law 1220 of 2008. Although at the legislative level Colombia shows an evolution in the norm, patients with HIV/AIDS continue to be victims of human rights violations. As a result, and through the analysis of tutela judgments, it was found that the Constitutional Court recognized the violation of rights and ordered the necessary measures to be taken to guarantee the human rights and fundamental freedoms of the defendants.

Fundamental Principles of International Law in Remedy and Reparation for Genocide Victims: Remembering and Forgetting

All victims of human rights violations have the right to an effective remedy and to redress. Although this concept is a result of the responsibility of the state in cases of human rights violations, it is mostly important. International legal provisions on this issue are varied and often vague and do not use uniform terminology. Also, the detailed aspects of the duties of states in the prevention of grave violations of human rights have been established and refined in the international jurisprudence. The General Assembly, Recalling the provisions providing for the right to a remedy for victims of violations of international human rights law contained in numerous international instruments, in particular Article 8 and Article 2 of the International Covenant on Civil Rights (the Universal Declaration of Human Rights), (and Article 6 Of the International Convention on the Elimination of All Forms of Racial Discrimination). Without a doubt, for transitional justice, which seeks to address and transcend the legacy of impunity after mass abuse, the issues of truth-seeking, acknowledgment, and remembering victims are an essential part of our work towards building rights-deprived societies. Our time is bad. But not everyone agrees with this. There are many who say that it is better to turn the page, with the end of armed violence or systemic repression, that talking about the past, and insisting on noticing the commission of crimes and harms, may raise the risk of a return to violence. This perspective is It is often an honest response to years of turmoil, exhaustion, and fear, but unfortunately, too often these insights are used. It is overtly committed by those with influence and can be understood as a veiled threat in many circumstances. (Certainly this was the case in Chile and Guatemala, and perhaps today in Myanmar or Uganda.) Others argue that narratives of victimhood can be developed or manipulated into calls for revenge or that collective memory of grievances cannot be used to justify new wars, even centuries later. It is undoubtedly part of the context that we see in the Balkans, the Middle East, and the African shawl.

The Essential Role of the Informal Mechanism in Restorative Justice Related to the 1965-1966 Incident in Palu-Indonesia

The mechanism of transitional justice is categorized into formal and informal mechanisms. Formal mechanisms are generally understood as mechanisms implemented by state institutions or international bodies, usually using procedural justice and accountability standards. In contrast, informal mechanisms are not required to meet these standards and are carried out by a non-government or non-international body. In many transition countries, the informal mechanism is often only used as a complementary (not a primary) mechanism to the formal one. This study discusses the role of the informal mechanism initiated by the solidarity of victims of human rights violations (non-government organization) of Central Sulawesi, which succeeded in realizing restorative justice related to the 1965-1966 events in Palu. This research uses a qualitative case study method. This study found that informal mechanisms can play a primary role (not just complementary to formal mechanisms) in realizing restorative justice through truth-seeking, grassroots reconciliation, apology, forgiveness, and victim reparations.

The Role of Informal and Formal Mechanisms in Transitional Justice Related to the 1965-1966 Incident in Indonesia: The Case of Palu

This article discusses the role of the informal mechanism introduced by the solidarity for victims of human rights violations of Central Sulawesi and the formal mechanism of the Palu Regional Government, which succeeded in realising restorative justice related to the 1965-1966 incident in Palu through truth-seeking, grassroots reconciliation, apology, and victims' reparations. How did this local initiative succeed amid the stagnation of the national initiative? This research applied a qualitative method. This study found the critical elements of the local initiatives' success in Palu: First, the use of the informal and formal transitional justice mechanisms. Although informal mechanisms could play a significant role in actualising restorative justice in Palu, the role of formal mechanisms remained irreplaceable because particular aspects could not be done through informal mechanisms, such as victim reparations. Collaborating between the two mechanisms made the local initiatives more effective and broader impact. Another essential element behind the realisation of restorative justice in Palu is the role of political actors, namely Rusdy Mastura, Palu' mayor (2010-2015) and Nurlaela Lamasitudju (General Secretary of SKP-HAM). The strong political will of the Palu Mayor was depicted through an apology and reparations program for the 1965-1966 victims, and the lobbies that have been carried out by the general secretary of SKP-HAM have an essential role in realising restorative justice related to the 1965-1966 incident in Palu.