PROBLEMATIKA IMPUNITAS: STUDI PERBANDINGAN PENYELESAIAN PELANGGARAN HAM YANG BERAT AFRIKA SELATAN DAN INDONESIA

THE PROBLEM OF IMPUNITY: A COMPARATIVE STUDY OF THE RESOLUTION OF GROSS HUMAN RIGHTS VIOLATIONS IN SOUTH AFRICA AND INDONESIA

Abstract

Indonesia still faces various obstacles, even though it has been regulated in Law Number 26 of 2000 concerning Human Rights Courts. This study analyzes these problems through legislative approaches, cases, and comparisons with South Africa. The results show that the main obstacles lie in the lack of political will, the unsynchronized work between Komnas HAM and the Attorney General's Office, the deep-rooted culture of impunity, and the obstacles to legal proof. As a result, past gross human rights cases have not been resolved in a fair and transparent manner. In comparison, South Africa has successfully built a model of resolution through the Truth and Reconciliation Commission that can serve as a reference in creating transitional justice in Indonesia. This research emphasizes the importance of institutional reform, strengthening the legal system, and strong political commitment in order for the state to fulfill its responsibility to uphold justice and protect human rights.