Abstract

This research explores the complex relationship between criminal courts, both national and international, truth and reconciliation commissions (TRC), and the Truth and Friendship Commission (TFC) in the context of resolving gross human rights violations in Indonesia. Examining the legal frameworks, the study delves into the dilemma surrounding the prosecution of perpetrators versus the forgiveness approach adopted by TRC/TFC for the sake of national unity. Drawing on Geoffrey Robertson's perspective, it questions the feasibility of pardoning heinous crimes and emphasizes the role of courts in establishing democratic legitimacy. The research aims to clarify criteria for utilizing ad hoc Human Rights Courts and TRC, considering provisions from MPR Decree No. V/MPR/2000 and Law No. 26/2000 on Human Rights Courts. Understanding TRC/TFC as extra-judicial institutions, the study discerns their limitations, specifically addressing human rights violations predating Law No. 26/2000. The research utilizes legal analyses and explores the implications of different approaches on justice, societal trust, and democratic consolidation. Ultimately, it seeks to contribute insights into the effective resolution of past human rights abuses and their impact on Indonesia's legal and social fabric.