Narrative Legal Reform in Indonesia: Between Fulfilling Human Rights and Restorative Justice

DOI

10.2991/assehr.k.211102.195How to use a DOI?

Keywords

Legal Reform; Human Rights; Restorative Justice; Era Reformasi

Abstract

This study discusses the implementation of human rights and restorative justice in Indonesia. The promulgation of the Universal Declaration of Human Rights and Human Dignity in 1947 has led many countries across the globe to modify their constitution to accommodate human rights principles. In Indonesia, these principles are provided for in the Preamble to the 1945 Constitution of the Republic of Indonesia that says that to form a government of the state of Indonesia which shall protect all the people of Indonesia and all the independence and the land that has been struggled for, and to improve public welfare, to educate the life of the people and to participate in the establishment of a world order based on freedom, perpetual peace and social justice. Principles of justice and human rights are also enshrined in Pancasila, the nation’s ideological pillar made of five principles prescribing that the Republic of Indonesia shall be built as a sovereign state based on a belief in the one and only God, a just and civilized humanity, the unity of Indonesia, and democracy. Echoing the preamble to 1945 Constitution, Article 28 of the same constitution guarantees among many others freedom of association, assembly, and opinions. This constitutional provision goes on to say that every citizen is entitled to assistance, equal treatment and fairness in seeking justice. This leads to the question how do human rights principles affect the implementation of restorative justice in Indonesia? This is a socio-legal study drawing on a textual approach. The study reveals that one way to build a nation respectful of human rights and the rule of law is the implementation of restorative justice, as an alternative to retributive justice, which is inconsistent with human rights.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Hilaire Tegnan
PY  - 2021
DA  - 2021/11/22
TI  - Narrative Legal Reform in Indonesia: Between Fulfilling Human Rights and Restorative Justice
BT  - Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
PB  - Atlantis Press
SP  - 195
EP  - 197
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211102.195
DO  - 10.2991/assehr.k.211102.195
ID  - Tegnan2021
ER  -