Breaking the Cycle of Injustice: Revolutionizing Human Rights Violations Resolution Through the 1945 Constitution

The stagnation of human rights enforcement in Indonesia's Reformation Era has highlighted a critical imbalance: the current system prioritizes punishing perpetrators of serious human rights violations over addressing the recovery and well-being of victims. This research introduces The Constitution of Peace as a transformative, victim-centered model for resolving serious human rights violations outside the courtroom, aligning with the principles and soul of the 1945 Constitution. The proposed model comprises three innovative approaches: first, mediation facilitated by the National Human Rights Commission to foster dialogue and accountability; second, the provision of compensation, restitution, and assistance to victims through the Witness and Victim Protection Agency, ensuring tangible support for recovery; and third, an official apology by the relevant authority, accompanied by the fulfillment of economic, social, and culpability obligations. Together, these measures aim to correct the limitations of the current retributive framework by prioritizing restorative justice and victim empowerment. By embracing these victim-oriented solutions, this model not only addresses the legal and moral obligations enshrined in the 1945 Constitution but also fosters reconciliation and societal healing. The research underscores the transformative potential of the Constitution as a foundation for peace, justice, and the resolution of entrenched human rights challenges. It calls for a paradigm shift from punitive measures to a more holistic approach, ensuring that justice serves both the dignity of victims and the broader goal of national harmony.

Authors

Institutions

Publication Details

Journal
Lex Scientia Law Review
Published
2024-11-30
DOI
https://doi.org/10.15294/lslr.v8i2.7460
Citations
1
Primary Topic
Historical and Contemporary Political Dynamics
Type
article
Field-Weighted Citation Impact
10.36
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Breaking the Cycle of Injustice: Revolutionizing Human Rights Violations Resolution Through the 1945 Constitution

Asrul Ibrahim Nur, Sonia Ivana Barus, Amancik Amancik, Putra Perdana Ahmad Saifulloh et al.
1 citations
Lex Scientia Law Review
Historical and Contemporary Political Dynamics
10.36
article

Breaking the Cycle of Injustice: Revolutionizing Human Rights Violations Resolution Through the 1945 Constitution

Asrul Ibrahim Nur, Sonia Ivana Barus, Amancik Amancik, Putra Perdana Ahmad Saifulloh, Ali Masyhar
article en
1 citations

Abstract

The stagnation of human rights enforcement in Indonesia's Reformation Era has highlighted a critical imbalance: the current system prioritizes punishing perpetrators of serious human rights violations over addressing the recovery and well-being of victims. This research introduces The Constitution of Peace as a transformative, victim-centered model for resolving serious human rights violations outside the courtroom, aligning with the principles and soul of the 1945 Constitution. The proposed model comprises three innovative approaches: first, mediation facilitated by the National Human Rights Commission to foster dialogue and accountability; second, the provision of compensation, restitution, and assistance to victims through the Witness and Victim Protection Agency, ensuring tangible support for recovery; and third, an official apology by the relevant authority, accompanied by the fulfillment of economic, social, and culpability obligations. Together, these measures aim to correct the limitations of the current retributive framework by prioritizing restorative justice and victim empowerment. By embracing these victim-oriented solutions, this model not only addresses the legal and moral obligations enshrined in the 1945 Constitution but also fosters reconciliation and societal healing. The research underscores the transformative potential of the Constitution as a foundation for peace, justice, and the resolution of entrenched human rights challenges. It calls for a paradigm shift from punitive measures to a more holistic approach, ensuring that justice serves both the dignity of victims and the broader goal of national harmony.

Lex Scientia Law ReviewVol. 8(2)
University of Debrecen (HU), State University of Semarang (ID), University of Bengkulu (ID)
Openalex Percentile: Top 2%
Historical and Contemporary Political Dynamics
10.36
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.