Restorative Justice For Gross Violation of Human Rights in Indonesia: Opportunities and Challenges

Abstract

The feasibility of implementing restorative justice to address historical gross human rights violations in Indonesia is the point of this research, drawing upon the experiences of Truth and Reconciliation Commissions (TRCs) in South Korea and South Africa. The study assesses the suitability of restorative justice to redress these deeply rooted issues while examining the associated opportunities and challenges. This study used normative legal research by using conceptual, comparative, and juridical approach. The key findings highlight the potential effectiveness of restorative justice in Indonesian history. Lengthy legal proceedings have impeded witnesses and evidence collection, leading to unsatisfactory verdicts. Transparent communication from the Indonesian government on the mechanisms used by the Presidential Palace of Human Rights and Anti-Violence (PPHAM) is imperative. The willingness of victims and their families to engage in the resolution process varies due to the trauma endured by their loved ones. The issue of impunity remains a significant obstacle. Indonesia, however, presents opportunities for advancing restorative justice. It has demonstrated its commitment to promoting the restorative justice movement through Presidential Decree Number 17 of 2022, mandating victim recovery as a central objective. Drawing lessons from the TRCs in South Korea and South Africa, this research provides insights into the applicability of restorative justice. It highlights the importance of transparent communication, victim engagement, and eradicating impunity as pivotal step