The Relationship Between Criminal Courts and Truth and Reconciliation Commissions Truth and Reconciliation Commission (TRC) and Truth and Friendship Commission (TFC)

This research explores the complex relationship between criminal courts, both national and international, truth and reconciliation commissions (TRC), and the Truth and Friendship Commission (TFC) in the context of resolving gross human rights violations in Indonesia. Examining the legal frameworks, the study delves into the dilemma surrounding the prosecution of perpetrators versus the forgiveness approach adopted by TRC/TFC for the sake of national unity. Drawing on Geoffrey Robertson's perspective, it questions the feasibility of pardoning heinous crimes and emphasizes the role of courts in establishing democratic legitimacy. The research aims to clarify criteria for utilizing ad hoc Human Rights Courts and TRC, considering provisions from MPR Decree No. V/MPR/2000 and Law No. 26/2000 on Human Rights Courts. Understanding TRC/TFC as extra-judicial institutions, the study discerns their limitations, specifically addressing human rights violations predating Law No. 26/2000. The research utilizes legal analyses and explores the implications of different approaches on justice, societal trust, and democratic consolidation. Ultimately, it seeks to contribute insights into the effective resolution of past human rights abuses and their impact on Indonesia's legal and social fabric.

Authors

Institutions

Publication Details

Journal
Evolutionary Studies in Imaginative Culture
Published
2024-09-02
DOI
https://doi.org/10.70082/esiculture.vi.710
Primary Topic
Asian Geopolitics and Ethnography
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The Relationship Between Criminal Courts and Truth and Reconciliation Commissions Truth and Reconciliation Commission (TRC) and Truth and Friendship Commission (TFC)

Sri Hastuti, Suharyo Suharyo, Kartono Kartono, Soeryaniati Koesoemo et al.
Evolutionary Studies in Imaginative Culture
Asian Geopolitics and Ethnography
article

The Relationship Between Criminal Courts and Truth and Reconciliation Commissions Truth and Reconciliation Commission (TRC) and Truth and Friendship Commission (TFC)

Sri Hastuti, Suharyo Suharyo, Kartono Kartono, Soeryaniati Koesoemo, Sri Humana Lagustiani, Niniek Suparni
article en

Abstract

This research explores the complex relationship between criminal courts, both national and international, truth and reconciliation commissions (TRC), and the Truth and Friendship Commission (TFC) in the context of resolving gross human rights violations in Indonesia. Examining the legal frameworks, the study delves into the dilemma surrounding the prosecution of perpetrators versus the forgiveness approach adopted by TRC/TFC for the sake of national unity. Drawing on Geoffrey Robertson's perspective, it questions the feasibility of pardoning heinous crimes and emphasizes the role of courts in establishing democratic legitimacy. The research aims to clarify criteria for utilizing ad hoc Human Rights Courts and TRC, considering provisions from MPR Decree No. V/MPR/2000 and Law No. 26/2000 on Human Rights Courts. Understanding TRC/TFC as extra-judicial institutions, the study discerns their limitations, specifically addressing human rights violations predating Law No. 26/2000. The research utilizes legal analyses and explores the implications of different approaches on justice, societal trust, and democratic consolidation. Ultimately, it seeks to contribute insights into the effective resolution of past human rights abuses and their impact on Indonesia's legal and social fabric.

Evolutionary Studies in Imaginative Culture
National Research, Development and Innovation Office (HU), Universitas Pamulang (ID), National Nuclear Energy Agency of Indonesia (ID), National Research and Innovation Agency (ID)
Openalex Percentile: Top 77%
Asian Geopolitics and Ethnography
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.