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All Journal Lex Journal : Kajian Hukum dan Keadilan
Teuku Muhammad Al Arkhan
Master of Laws, Faculty of Law, Universitas Islam Indonesia, Indonesia
Law, Crime, Criminology & Criminal Justice

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The Right to an Effective Remedy for Victims of Gross Human Rights Violations in Aceh: Reconstructing the State’s Obligations Under International Human Rights Law Teuku Muhammad Al Arkhan
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 3 (2026): September
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i3.12828

Abstract

The fulfilment of the rights of victims of gross human rights violations in Aceh cannot be assessed solely through isolated truth-seeking mechanisms or standalone reparations. This study examines the construction of the right to an effective remedy under international human rights law and evaluates its implementation for victims in Aceh. Employing a normative legal method, the research utilises statutory, treaty, and conceptual approaches to analyse international human rights instruments alongside the national and local regulatory frameworks governing the Aceh Truth and Reconciliation Commission (TRC). The findings indicate that an effective remedy encompasses both procedural and substantive dimensions, including access to competent mechanisms, investigations, accountability, truth-seeking, adequate reparations, and guarantees of non-recurrence. While the Aceh TRC has successfully advanced truth-seeking, victim recognition, and the identification of reparation needs, the integration among truth, reparation, accountability, and the execution of recommendations remains severely inadequate. Conceptualising this deficiency as a "fragmented remedy," this study proposes reconstructing state obligations through an integrated, victim-centred model. This framework prioritises victims' rights within the coordination of local and national mechanisms to ensure the holistic realisation of truth, justice, reparations, and guarantees of non-recurrence.
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