Elisabeth Sundari
Universitas Atma Jaya Yogyakarta, DIY, Indonesia

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Unenforceable Indonesian Human Rights’ Court Decisions: Key Factor and the Appropriate Avenue Elisabeth Sundari
Sociological Jurisprudence Journal Vol. 9 No. 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.9.1.2026.14-24

Abstract

Since the establishment of human rights laws in Indonesia over two decades ago, their enforcement through the courts has been ineffectual. Some court verdicts involving grave violations of human rights and regular human rights violations were not adequately implemented. As a result, domestically proclaimed human rights acceptance is useless unless adequate enforcement methods are in place. This article addresses the barriers to enforcing the Indonesian human rights court ruling, as well as the courts' capability and aptitude to meet the issues. The research employes normative legal research by analyzing the legal policies on Indonesian human right court to be related with the other jurisdiction comparatively to propose the appropriate avenue to make an effective human rights court enforcement. According to the result, it shows that the most significant impediment to enforcing the court decision is the government's lack of commitment. Yet, the court lacks adequate coercive powers to ensure that the state fulfils its pledge to enforce the court verdicts. Subsequently, this article endeavors to establish the coercive mechanism of the court judgement regarding the revision of the human rights Act or its placement under the authority of the extra human rights commission.