13 - The Human Rights Courts

Summary

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.