B. Igniting Hope for the Victims of
Gross Human Rights Violations to
Achieve Justice
In 2023, Komnas HAM RI faced several new human rights challenges to
resolve cases of gross human rights
violations. First, the rejection of candidates for ad hoc human rights
judges at the cassation level by the
Commission III of DPR RI. The selection of ad hoc human rights judges
at the cassation level is very urgent
because the legal process has stalled
because there are no ad hoc human
rights judges who will try the case.
The Commission pushed for an appeal based on the dissenting opinion
of two members of the ad hoc panel of judges at the Makassar District
Court. The dissenting opinion stated
that the defendant was proven to be
in charge of command when the incident occurred. The Commission stated that the cassation court was strategic in testing the application of the
law (judex jurist) of the acquittal of the
defendant in the Paniai gross human
rights violation case. Even though it is
strategic to enforce the gross human
rights violations, after carrying out
due diligence, the Commission III of
DPR RI rejected all candidates for ad
hoc human rights judges proposed by
the Judicial Commission (KY - Komisi
Yudisial) and the Supreme Court (MA Mahkamah Agung). This rejection was
based on considerations of the integrity and capability of the prospective
judges. This rejection requires the KY
and MA to re-select ad hoc judge candidates. According to Komnas HAM
RI, the rejection of the ad hoc Human
Rights judge at the cassation level by
the Commission III shows: (1) the unpreparedness of human rights courts
in Indonesia; and (2) the law enforcement in the cases of gross human
rights violations is still weak.
Based on this situation, the Commission recommends prerequisites for ad
hoc human rights judges at the cassation level as shown in the figure below:
Responding To New Challenges: Respecting, Protection, And Fulfillment Of Human Rights In 2023
25