Jurnal HAM
Vol 17 No 2 (2026): Edisi Agustus

“Rule-Bending” Pertanggungjawaban Pelaku Pelanggaran Hak Asasi Manusia Berat dalam Kasus Penghilangan Paksa dan Keadilan Transisi yang Progresif

Indah Pangestu Amaritasari (Pusat Studi Keamanan Nasional Universitas Bhayangkara Jakarta Raya, Indonesia)
Anthon F. Susanto (Faculty of Law, Universitas Pasundan, Indonesia)
Dewi Asri Yustia (Faculty of Law, Universitas Pasundan, Indonesia)



Article Info

Publish Date
31 Aug 2026

Abstract

This paper examines how the implementation of liability for gross human rights violators in transitional justice contexts often involves "rule-bending." It focuses on the tension between legal norms and the interests of authorities, particularly in cases of enforced disappearances, concerning command responsibility. Taking into account the Indonesian case and comparing it to the implementation of the liability prosecution process in various countries, this research employed a socio-legal method and crime semiotics to deconstruct the law for analysis purposes. The research employed the rule of law theory by Lon Fuller as the grand theory, progressive law theory by Satjipto Rahardjo as the middle theory, and the liability theory of gross human rights violations, particularly in relation to Law No. 26 of 2000 as applied theory. The research results indicate that the rule-bending of processing the liability of gross human rights violators, particularly in the case of enforced disappearances, is associated with negative rule-bending, which involves a culture of autocratic legalism. The progressive law and transitional justice provide a solution to what this research indicates, which is the novelty of the research, as a transformative law model that covers the system of law and the individuals, particularly law enforcement officers, to be progressive: having compassion, empathy, and daring to prosecute the liability of past gross human rights violators.

Copyrights © 2026






Journal Info

Abbrev

ham

Publisher

Subject

Description

Focus and Scope Given that the study of human rights involves many scientific elements that are interdisciplinary in nature, Jurnal HAM accepts submissions of scientific articles discussing human rights in Indonesia and beyond from the lens of, but not limited to, legal studies, social sciences, ...