RECOMMENDATIONS FOR THE RESOLUTION OF GROSS VIOLATION OF HUMAN RIGHTS ISSUES IN INDONESIA

Abstract

This article delves into Indonesia's challenges in prosecuting human rights violations, emphasizing obstacles posed by time passage and a lack of credible witnesses. The Non-Judicial Settlement Team, established by Presidential Decree, aims to redress historical injustices. The author, an independent forensic expert, proposes an extraordinary policy to overcome evidence hindrances. Drawing on Gustav Radbruch's legal philosophy, the study advocates prioritizing justice over procedural formalism, aligning with the government's efforts to acknowledge, rehabilitate, and restitute victims. It stresses the urgency of addressing severe human rights breaches promptly, emphasizing alignment with ethical principles in legislation. The article concludes by asserting the necessity of addressing severe human rights breaches promptly, emphasizing the alignment of positive legislation with ethical principles. The proposed extraordinary policy and victim-centered approaches resonate with Radbruch's belief that legal norms should adapt to complex situations, reflecting a commitment to ethical principles.