Indonesia’s Human Rights Court: Need for Reform
| Autor: | Yustina Trihoni Nalesti Dewi, Marsudi Triatmodjo, Grant R Niemann |
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| Rok vydání: | 2017 |
| Předmět: |
Law of the case
Sociology and Political Science Human rights Jurisdiction media_common.quotation_subject 05 social sciences 0507 social and economic geography Fundamental rights Legislation 050701 cultural studies Democracy 0506 political science International human rights law Political science Law Political Science and International Relations 050602 political science & public administration Court of record media_common |
| Zdroj: | Asia-Pacific Journal on Human Rights and the Law. 18:28-47 |
| ISSN: | 1571-8158 |
| DOI: | 10.1163/15718158-01801002 |
| Popis: | This article reviews the need to provide greater human rights protections through Indonesia’s Human Rights Court mechanism. Despite the Court gaining momentum with the emergence of greater democratic freedoms, there is still quite a long way to go before the Court can function in a transparent and accountable way. The opportunity to do this was missed when political interests were put ahead of human rights protections when the legislation creating the Court paid no attention to the investigating and procedural complexities of categories of the crimes falling within the jurisdiction of the Court. Moreover, the lack of protection for victims and witnesses has had an adverse impact on prosecutions. This article recommends that some legislative reform is desirable but legislative reform alone will not bring about the equally important cultural change required to achieve this objective. This transformation can only be achieved by ensuring that all the relevant actors operating within the system are held accountable and required to operate in a professional manner. |
| Databáze: | OpenAIRE |
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