Vol. 4 No. 2 (2021): Jentera: Jurnal Hukum

Hak atas Kebenaran Bagi Korban Penghilangan Orang secara Paksa Periode 1997-1998

Munif Ashri
Universitas Hasanuddin
Maasba Magassing
Profesor di Departemen Hukum Internasional, Fakultas Hukum Universitas Hasanuddin
Iin Karita Sakharina
Doktor di Departemen Hukum Internasional, Fakultas Hukum Universitas Hasanuddin

Published 2021-12-31


Enforced disappearances have been committed in Indonesia in the 1997-1998 years, following the decline of the New Order regime. 13 victims disappeared until this day. For victims’ families, the absence of ‘factual truth’ about his/her beloved fate and whereabouts is gross anguish and sorrow. Under international human rights law, the concept of the ‘right to the truth’ has been recognized, in parallel with the progressive development of international human rights law itself. With the normative research through the conceptual and comparative approach, this article explains the general concept of the right to the truth. It is indicated that the right to the truth is an absolute right entitled to the families of the victims. This article concluded that the state obligation to exercise the right to the truth shall be attained through an investigation, whether in the judicial or non-judicial means, for establishing the fate of the disappeared and disclose every fact of ‘truth’ concerning enforced disappearances case.