Seeking Non-Judicial Human Rights Remedies in Indonesia: Challenges and Possible Solutions for Victims

Abstract Book of the 12th International Conference on Social Sciences, Humanities and Education

Year: 2026

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Seeking Non-Judicial Human Rights Remedies in Indonesia: Challenges and Possible Solutions for Victims

M Jeffri Arlinandes Chandra, Irene Hadiprayitno

ABSTRACT:

Indonesia continues to grapple with a legacy of unresolved gross human rights violations, from the atrocities of 1965-66 to the Paniai case in 2014. These violations, categorized as non-derogable rights violations and state-enabled or state-perpetrated crimes, highlight the urgent need for robust mechanisms to address historical injustices. This article examines the challenges in resolving these cases through judicial and non-judicial mechanisms. The judicial approach, outlined in Law No. 26 of 2000, provides a framework for prosecuting perpetrators through permanent and ad hoc Human Rights Courts. However, systemic limitations, including delays and political interference, have hampered effective resolution. In response, non-judicial mechanisms, particularly the establishment of the Non-Judicial Settlement Team for Human Rights Violations (PPHAM) through Presidential Decree No. 17 of 2022, aim to complement judicial efforts by focusing on victim-centered reparation and reconciliation. PPHAM’s recommendations include truth-telling, reparations, and measures to prevent future violations. While these initiatives are progress, they have been criticized for their limited scope, particularly their failure to address the prosecution of the intellectual actors behind the violations. Furthermore, the material assistance offered to victims is considered insufficient to reflect the gravity of their suffering. This article underlines the importance of a balanced approach that integrates judicial and non-judicial mechanisms to comprehensively address gross human rights violations. Drawing on international experiences, such as in South Africa and Argentina, the article advocates for reforms to strengthen both channels. The article concludes by emphasizing the need for systemic change, including public awareness campaigns, structural reforms, and increased accountability, to ensure justice, reconciliation, and the prevention of future human rights violations in Indonesia.

Keywords: Non-judicial mechanisms, Gross human rights violations, Truth and Reconciliation Commission, Reparation for victims, Transitional justice