Transitional Justice from State to Civil Society

Sri Lestari Wahyuningroem is based in the Political Science Department, Faculty of Social and Political Science, Universitas Pembangunan Nasional Veteran Jakarta, Indonesia.

Table of Contents



Acknowledgements



List of Tables and Charts



Glossary



1. Introduction: Transitional Justice in Post-Soeharto Indonesia



Transitional Justice: Emergence, Concepts and Trends around the Globe



Transitional Justice in Indonesia



Assessing Transitional Justice and the Implications for Democracy



Explaining Transitional Justice: The Nature of the Democratic Transition



Research Methods and Data Collection



Book Structure



2. Human Rights, Transitional Justice, and Political Transition in Indonesia



Human Rights under the New Order



The Politics and Periods of Transitional Justice in Post-Soeharto Indonesia



The Period of Momentous Change, 1998-2000



The Military in the Period of Momentous Change



The Period of Compromised Mechanisms, 2001-2009



The Military



Conclusion



3. Prosecutions in Cases of Past Human Rights Abuses: the East Timor and Tanjung Priok Trials



Intoduction



Impunity: the Legacy of the Past Repressive Regime



Establishing the Human Rights Courts



Trials on East Timor and Tanjung Priok



The Context: The 1999 East Timor Referendum and Crimes against Humanity



The Trials



The 1984 Tanjung Priok Killings



The Tanjung Priok Trials



Adoption and Implementation of Trials



Assessing Processes and Outcomes—Comparing the Two Trials



Conclusion



4. The Adoption and Annulment of the Law on Truth and Reconciliation Commission



Introduction



Discourse on Truth and Reconciliation in the Early Years of Political Transition



Getting to a TRC



Truth versus Reconciliation



Debates on Amnesty



Evaluating the Processes and Outcomes of the Adoption of the TRC Law



Acknowledging the Limits of Restorative Justice



Transitional Justice and the Transplacement Nature of Democratisation



The Absence of a Truth Mechanism and its Implications for Indonesia’s Democracy *



The Absence of Political Judgement



The Absence of Deliberative Space to Reflect History and Moral Standards



Local TRCs



Conclusion



5. Human Rights Groups and Transitional Justice Initiatives



Introduction



Human Rights Movements before Reformasi



Human Rights and the Transitional Justice Agenda during the Democratic Transition



Human Rights Groups, the New Political Elite, and Transitional Justice Agenda in the Early Transition



Transitional Justice from Below: Human Rights Strategies after Reformasi



Conclusion



6. Transitional Justice at Local Level: the Case of Palu, Central Sulawesi



Introduction



The 1965 Mass Violence in Palu



SKP HAM, Victims’ Mobilisation, and Local Government Responses



Palu’s Reparation Program



Assessing Transitional Justice Initiatives in Palu



Conditions for Transitional Justice



Roles of NGOs and Victims



Local Political Dynamics and the Local Elite



Conclusion



7. Toward Post-Transitional Justice?



Reflecting on Transitional Justice from the Indonesian Experience



Transitional Justice and Democracy: Investigating the Impacts



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