Accessing Justice through Trial Monitoring At the Indonesian Human Right Court

Dewi, Yustina Trihoni Nalesti (2015) Accessing Justice through Trial Monitoring At the Indonesian Human Right Court. International Journal of Humanities and Management Sciences (IJHMS), 3 (3). pp. 139-143. ISSN 2320–4044 (Online)

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Abstract

The participation of society who has a great attention to law enforcement in Indonesia is a control mechanism for a trial process, particularly in the cases which are sensitive to sense of justice such as in the cases of gross violations of human rights. The public control should be encouraged and empowered with the purpose to minimize or even abolish practices which deviate from the principles of fair trial. Public control needs to be implemented to test whether the legal reasoning used in the whole legal process, inquiry, investigation, prosecution to verdict are in accordance to the principles of good and proper of law based on the legal studies and in conformity with both material and formal law. It is also to find whether the whole process in accordance with the legal, moral, and social justice. With such public control, the judge, prosecutor, and all parties involved in a judicial process are required to improve their integrity, credibility, and professionalism in examining a case so as not to be a controversial decision that could potentially injure the sense of justice to victims and society. As a matter of fact, the enforcement of law and justice in the cases of gross violations of human rights requires the expertise and competence of prosecutors, advocates, judges and police officers. Moreover, it also needs moral and legal commitment as well as a favorable situation in which the interference of of political power will not affect legal process. Keywords—Accessing Justice, Trial Monitoring, Human Rights Court.

Item Type:	Article
Subjects:	300 Social Sciences 300 Social Sciences > 340 Law > 348 Laws, regulations & cases
Divisions:	Faculty of Law and Communication
Depositing User:	Ms Trihoni Nalesti
Date Deposited:	07 Sep 2020 06:18
Last Modified:	05 Jan 2023 04:41
URI:	http://repository.unika.ac.id/id/eprint/21760

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