Disparity in Human Rights Violations: A Political and International Law Perspective

Abstract

Right to life is non-derogable rights. A natural right that should not be revoked arbitrarily by anyone, including the state. A mass murder in events 1 October 1965 andTimor-Timor is a double series of states' failure in protecting the rights of Indonesian peoples. Moreover, these two events get different treatment in its handling. The disparity in treatment between two cases is a big question related to the consistency of human rights enforcement in Indonesia. This study is a descriptive-qualitative research. While, to prove the truth, this study will use a comparative study. The findings show that the attitude of the United Nations that treat serious human rights violations in Timor-Timor and the events of 1965 in Indonesia, cannot be answered differently in the perspective of international law. Since it has a weakness where the political interests of ruling is very strong in influencing the decisions of the UN. The disparity in law enforcement in the event of serious human rights violations in 1965 and Timor-Timor due to the dynamics of international politics when it does not allow for the demands of human rights violations to the UNs' InternationalCourt due to advantage for a certain state after the event. In order to reduce disparities in human rights violations, reconciliation is the most rational solution at this time compared remains demand the state for the violations. Besides, many human rights violations in certain countries that have successfully resolved through reconciliation approach.

Quo Vadis Trisakti, Semanggi I and II (TSS) case as a crime against humanity based on International Criminal Law perspective

“…During 1997, there was an Asian Financial Crisis striking around the world and Indonesia was one of the countries affected by the financial crisis, in such period along with the financial crisis, there was corruption, collusion and nepotism happening in the heart of the Indonesia government causing the rapid increase of living cost prior to the financial crisis, which eventually led to food shortage around Indonesia during 1998, in addition to the nepotism done by the former president in that period resulting in most of his family members to rule the country by granting them high positions in the government, he also issued a policy about Dual-Function of ABRI (Dwi Fungsi ABRI) allowing the military to obtain an authority both in politics as well as the military force, however eventually the policy causes a lot of deviation and was mostly used for the personal interest of the president (Permanasari, 2018;Zein & Alfian, 2018;Daud, 2016) The former president-in-command insisted on running again for office, causing tension between the students and the former government since the student found the president to be unsuitable to rule the country due to his endless deviation for his own personal interest was unfavorable for the citizens. The students eventually initiated a movement to stop the president to run for office once more, but the People's Consultative Assembly still allowed him to continue his presidency, causing the students' movement to heat up and become more frequent than usual by heading out to the streets more often, until reaching its peak on March 1998 at the Trisakti University, where the state apparatus started taking extreme measures to cease the movement by carrying out arbitrary shootings and excessive force, even having the sniper standing by the location at that moment which eventually led to the death of 4 students and many injuries of both students and the mass around Trisakti University and was commemorate now by the name of "Trisakti Tragedy" (Sujatmoko, 2019;Hendola, 2018).…”