Asia Institute - Research Publications

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Start date: 2016 × Author: Setiawan, Ken × Type: Journal Article × End date: 2019 ×

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Now showing 1 - 6 of 6
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    Shifting from International to “Indonesian” Justice Measures: Two Decades of Addressing Past Human Rights Violations
    Setiawan, K ; McGregor, K (Taylor & Francis (Routledge), 2019)
    What do Indonesia’s democratisation efforts look like when examined from the lens of human rights? Using the 1965 violence as a case study this article analyses human rights and justice reform after the end of the Suharto regime in 1998. We argue that despite the initial push to adopt international human rights principles and transitional justice mechanisms in Indonesian law, human rights reforms have stagnated. Explanations for this include the weakness of the human rights movement preceding 1998 and efforts by parties implicated in past violence to block justice initiatives.
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    Between Law, Politics and Memory: The Indonesian National Commission on Human Rights (Komnas HAM) and Justice for Past Human Rights Crimes
    Setiawan, K (University of Melbourne Law School, 2018)
    Since the 1998 fall of authoritarianism, one of the most controversial questions in Indonesia has been what to do with the country’s legacy of human rights violations. Various justice measures developed at the national level, whether judicial or non- judicial in nature, have been largely unsuccessful in establishing the truth about past crimes, holding perpetrators to account, or providing redress to those who were victimised. This article seeks to explain why justice for past human rights crimes remains elusive in contemporary Indonesia, using the 2012 report of the National Human Rights Commission (Komnas HAM) on the 1965-66 mass violence as a case study. The article will use critical discourse analysis to examine this report and responses towards it, to establish what factors explain the stagnation of human rights reform in this area. This article will argue that while the lack of reform is commonly attributed to the influence of powerful political actors and the broader context of a weak legal system, critical discourse analysis shows that an equally important factor is the role of historical memory and how this influences reform trajectories. This has implications for the way human rights are socialised, and requires these discourses to move beyond the ambit of the law.
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    Review: Dancing the Feminine
    SETIAWAN, K (IRIP, 2016)
    In March 2016, new figures released by the Australian Bureau of Statistics revealed that the number of Australian residents born overseas had risen to its highest point in 120 years, reaching 28 per cent of the total population. ABS data has also revealed that migration from Asia continues to rise. Settling into a new country is never easy. Not only are migrants faced with many practical issues, they must also come to terms with giving meaning to their identity in a new context. Dancing the Feminine tells the tale of how Indonesian migrant women in Perth address issues of identity and belonging, and use cultural performances to create social and cultural agency.
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    The politics of compromise
    SETIAWAN, K (Inside Indonesia, 2016)
    Hopes were high when Joko Widodo or Jokowi, was elected. Many believed that a president without ties to military, political and business elites could make a substantial contribution to improving the country’s human rights record – not least through addressing the human rights violations of the past.
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    Review: Sites, Bodies and Stories
    SETIAWAN, K (IRIP, 2016)
    Heritage formation and writing history have much in common with one another as both link the past to the present. However, they are also distinct processes. Heritage formation is key to shaping relations with local or national histories and is far from a straightforward process. It represents a dynamic field of social action, more often than not filled with controversies and influenced by shifting power relations, involving different actors at local, national and global levels. It is also an ongoing process, as over time the meaning bestowed onto objects and practices may change. Heritage formation is thus a complex process, and a volume exploring these dynamics in the Indonesian context is a welcome contribution.
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    From Hope to Disillusion: the paradox of Komnas HAM, the Indonesian National Human Rights Commission
    SETIAWAN, K (Brill, 2016)
    In recent years, the Indonesian National Human Rights Commission (Komnas HAM) has come under increasing scrutiny as a consequence of its internal problems as well as the persistent refusal of other state bodies to cooperate with the organization. The current situation is remarkable when considering the improvements made to the commission’s legal status and mandate. This article will identify internal and external factors that influence the organization’s functioning and pay particular attention to how politicization has adversely impacted on Komnas HAM. It will be argued that the politicization of the commission is a direct consequence of the changes made to the organization as part of human rights reforms. That these reforms have failed to strengthen Komnas HAM is a reflection of the low quality of Indonesia’s democracy and the challenges the country faces in the implementation of human rights.