The Human Rights Courts: Embedding Impunity
Loading...
Citations
Scopus:
Altmetric:
Altmetric::
Download
Associated Records
Authors
File Licence
Editors
Date
2019-09-30
Source Title
The Politics of Court Reform Judicial Change and Legal Culture in Indonesia
Journal Title
Journal ISSN
Volume Title
Publisher
Cambridge University Press
Melbourne Authors
Affiliation
Asia Institute
Document Type
Chapter
Subject Code
Citation
Setiawan, K. (2019). The Human Rights Courts: Embedding Impunity. Crouch, M (Ed.). The Politics of Court Reform Judicial Change and Legal Culture in Indonesia, The Politics of Court Reform Judicial Change and Legal Culture in Indonesia, (1st), pp.287-310. Cambridge University Press.
Access Status
Open Access
Access URL
Open Access URL
Open Access at PMC
Linked Resource URL
NHMRC Grant Code
ARC Grant Code
Description
Abstract
This chapter critically examines the development of the Indonesian Human Rights Courts that were established following the fall of authoritarianism. Intended to address past and present cases of gross human rights abuses, the Courts have attracted strong criticism for failing to hold perpetrators accountable. This is widely regarded as a consequence of the influence of powerful political actors resistant towards human rights reform. This chapter seeks to deepen the understanding of the gap between the goals of the Human Rights Courts and their actual performance, through a socio-political analysis of law and legal institutions. Using Daniel S. Lev’s concept of legal culture, this chapter will argue that while the Human Rights Courts represent a shift in procedure, legal values have not changes legal values consistent with human rights principles embedded in law. This means that while human rights have been made part of the legal and judicial system, the Human Rights Courts have been unable to shape understandings of rights in a way that is conducive to human rights reform, instead embedding impunity for the security forces.