Human Rights Upholding in Indonesia has reduced in terms of meaning that it became “Lawâ€, which has limitations. The limitation is visible in how articles in the statute book are interpreted. Human Rights legal instrument has sentenced Human Rights offenders in Indonesia and gave justice for the victims. But, Human Rights abuses are only interpreted through the existing rules. As a result, this process has failed in interpreting the wider contents of Human Rights values than what is written. This case caused a similarity between common law and Human Rights Law. The continuous wrong understanding and practice such as this has caused universal humanity values get separated from their practices.
On the other hand, Human Rights upholding in Indonesia is often disrupted by short-term eco-political interests. The efforts to uphold Human Rights by intense law instruments production after the New Order turned out to be shaky in its implementation because of political interest of actors hiding behind their political institutions. Cases of gross Human Rights violation in Indonesia such as the May 1998 rioting, or Munir assassination, are a series of unfinished cases due to the strong political intervention.
Those various problems appeared in a discussion entitled “HAM dalam Perspektif Hukum dan Politik†held by Security and Peace Center of Study (PSKP) UGM. The discussion which was a cooperation between PSKP and the Solidarity Action Committee for Munir (KASUM) was held on Monday (31/8) at the Seminar Room, Faculty of Social and Political Sciences (FISIPOL), UGM. The event was held to commemorate Human Rights Week 2009.
The speakers of the discussion were Drs. Dafri Agus Salim, M.A., lecturer of International Relations Department, Fisipol, UGM, and Dr. Eddy O.S. Hiariej, S.H., M.Hum., lecturer of Law Faculty, UGM. In that event, several Human Rights violation cases suffered by Indonesian people living abroad were discussed. Various violations abroad have not received serious attention. If there was a response from political and institutional players in Indonesia, that was merely a political commodity for short-term interest.
It was explained at the end of the discussion that at least there were two basic problems that need solution. First, Human Right protection to Indonesian people is still minimal and second, there is a difference in the way Law and political perspectives interpret Human Rights upholding.