Examples of Cases of Gross Human Rights Violations

 One of the humanitarian events that the National Human Rights Commission has declared as a case of gross human rights violations is the Jambo Keupok incident in Aceh. The incident occurred in 2003 when Aceh was in an armed conflict, dozens of residents of Jambo Keupok Village, South Aceh, became victims of the incident. The victims were tortured, shot dead, and burned alive by members of the TNI because they were suspected of being sympathizers of the separatist group Free Aceh Movement (GAM).[3]

Based on the investigation and findings of the National Human Rights Commission, it is strongly suspected that gross human rights violations have occurred and the incident is strongly suspected of fulfilling the elements of gross human rights violations.[4]

Human Rights Violation

In contrast to gross human rights violations, human rights violations do not have limitations as mentioned in Articles 7, 8, and 9 of Law No. 26 of 2000. This means that when the intended act has fulfilled the formulation of elements contained in Article 1 number 6 of Law No. 39 of 1999 or other articles that regulate human rights in the Law. In addition, in general, human rights violations occur when the state (government) does not carry out its obligations, be it to respect, to fulfill, or to protect.

Examples of Human Rights Violation Events

As mentioned previously, if the state does not fulfill its obligations, namely to respect, to fulfill, or to protect, then a human rights violation has occurred. Let's take the example of the state's obligation to fulfill the human rights of its citizens, in this case, fulfilling the right to freely embrace religion and worship. Article 29 paragraph (2) of the 1945 Constitution of the Republic of Indonesia states that:

The state guarantees the freedom of every resident to embrace their respective religions and to worship according to their religions and beliefs.

Article 29 paragraph (2) of the 1945 Constitution of the Republic of Indonesia

In addition to the 1945 Constitution of the Republic of Indonesia, the right to embrace religion and worship is also regulated in Article 22 paragraph (1) of Law No. 39 of 1999 that:

Everyone is free to embrace their respective religions and to worship according to their religions and beliefs.

Article 22 paragraph (1) of Law No. 39 of 1999

If there is an event that results in someone not being able to worship according to the religion they believe in, then it can be said that a human rights violation has occurred. For example, in 2022, a video went viral of the Mayor of Cilegon and several people who rejected the construction of a church in Cilegon.[5] We have all known that the construction of a place of worship (church) certainly requires permission from either the regional government or the ministry, and if the residents cannot carry out worship according to the religion they believe in because of the rejection from the mayor or regional government without justifiable reasons, then a human rights violation has occurred.

[1] Rahayu, Human Rights Law (Semarang: Diponegoro University Publishing Agency, 2015), 59.

[2] Ibid.

[3] Rino Abonita, “Gross Human Rights Violations in Jambo Keupok, Aceh: Heartbreaking Howls as Soldiers Burned a Dozen People Alive” BBC Indonesia, June 27, 2023, https://www.bbc.com/indonesia/indonesia-64871688

[4] Executive Summary of the Investigation Report on Gross Human Rights Violations in the Jambo Keupok Incident

[5] BBC, “Church Establishment Rejected: 15 Years of Congregation Waiting, Netizens Question the Mayor's Actions, Is This What Tolerance Is Called?”, BBC Indonesia, September 8, 2022, https://www.bbc.com/indonesia/indonesia-62836957

Reference Sources:

  • Rahayu. 2015. Human Rights Law. Semarang: Diponegoro University Publishing Agency.
  • Law Number 39 of 1999 concerning Human Rights
  • Law Number 26 of 2000 concerning the Human Rights Court
  • BBC Indonesia, “Church Establishment Rejected: 15 Years of Congregation Waiting, Netizens Question the Mayor's Actions, Is This What Tolerance Is Called?” September 8, 2022, https://www.bbc.com/indonesia/indonesia-62836957
  • Rino Abonita, “Gross Human Rights Violations in Jambo Keupok, Aceh: Heartbreaking Howls as Soldiers Burn a Dozen People Alive”, June 27, 2023, https://www.bbc.com/indonesia/indonesia-64871688
  • Komnas HAM, Executive Summary of the Investigation Report on Gross Human Rights Violations in the Jambo Keupok Incident