‘Achieving a ballance between Reparation and Amnesty’

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‘Achieving a ballance between Reparation and Amnesty’

Oleh csp | 13 November 2007

Research on Truth and Reconciliation Commission with emphasize on the historical injustice done for several countries especially South Africa. But a research that is emphasizing on the reparation issues in relation with amnesty is few and therefore necessary to explore this subject especially after the General assembly of United Nations accepted the General Principles and Right to a Remedy and Reparations For Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law by resolution 60/147 of December 2005 and The Updated Set of the Protection and Promotion of Human Rights Through Action to Combat Impunity that accommodates amnesty.

In Indonesia, the TRC of Indonesia mediates reparation measures and amnesty for historical injustice and its regulated by The Act Number 27 Year 2004. Since this regulation could impact on reparation condition of many victims, it is important to analyze on both subjects and formulating suggestions to improve their regulation. Incomplete rules of International Law on reparation have significant impact on some impairment of it regulation i.e. ineffective reparation and reparation granting after amnesty. On the other hand, an amnesty granting to the wrong doer is tend only to be a political interest because it’s granting mechanism is mainly on president’s consideration instead of the Committee of Amnesty. Inadequacy to inform about the law or lack of information about protection to the victim’s rights based on International Human Rights Law and Humanitarian Law reduce willingness of the victim to demand their rights. Amnesty as a form of impunity is unavoidable during transition period of a country from authoritarian to democratic system even if the form is incompatible with law principles of International law and human rights law. Those problems are great challenge for Indonesia because it has a constitution that accommodates human rights protection and recently ratified the CCPR and because the protection of human rights is widely recognized as a fundamental aim of modern international law, which holds states liable for human rights violations and the abuses they or their agents commit. Today the victims of historical injustice in Indonesia faced the huge problem because the Act Number 27 Year about TRC 2004 was cancelled by Judicial Constitution. As the result, not only amnesty blocks the victims’ right to get reparation but also no victim has opportunity to enjoy his or her rights anymore. Therefore the researcher need and interest to find out the best way how to deal with historical injustice that happened in Indonesia.

This study is going to make comparison between regulation with it’s practice on the procedure of reparation and amnesty that regulated by TRC of South Africa under the promotion of National Unity and Reconciliation Act no. 34 of 1995, and by regarding that TRC is raised significant doubts among human rights groups, academics and victim’s organizations because from the beginning of its work, initiatives aimed at healing and reparation sprang up all over the country.

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