Rekonsiliasi Indonesia-Timor Leste terhadap kes pelanggaran hak asasi manusia pasca referendum

The secession of Timor Leste from Indonesia through a United Nations-sanctioned referendum in 1999 did not completely resolve the outstanding issue of human rights violations. In the periods before and in the aftermath following the announcement of the referendum’s results, there were widespread incidents of human rights violations reportedly occurred in Timor Leste. Various local and international organizations urged the disputing parties to submit the case to an international court for judicial resolution. Nonetheless, Indonesia and Timor Leste steadfastly disregarded these pressures. Instead, they agreed to resort to bilateral political approach in resolving the case through the formation of the Commission of Truth and Friendship (CTF). Unlike most of the scholarly studies which utilized legal and domestic recovery perspective in probing human rights violations in Timor Leste, this thesis differs from the existing works by presenting the political viewpoint of the case. The objective of this thesis is to examine how international organizations and non-governmental organizations (NGOs) pressured Indonesia and Timor Leste for the settlement of the cases involving human rights violations in Timor Leste during the period before and after the 1999 referendum. It also investigates the mechanisms and approaches adopted by Indonesia and Timor Leste in response to international and local demands. This thesis also examines the reasons behind the willingness of Indonesia and Timor Leste to opt for a bilateral political solution to resolve the case of human rights violations, as well as the reactions of local community and NGOs towards such policy. In achieving these objectives, the thesis uses descriptive qualitative method, with its theoretical framework is premised on Neoclassical Realism theory. Notwithstanding that both Indonesia and Timor Leste refused to refer the case to an international judicial body, Indonesia at the domestic level has responded to international community’s pressures by establishing the Commission of Investigation of Human Rights Violations (KPP-HAM) and the Human Rights Court ad hoc. Meanwhile, Timor Leste reciprocated by forming the Commission for Reception, Truth and Reconciliation (CAVR), and the Hybrid Tribunal. Based on the research findings, this thesis contributes to the thoughts that the enforcement of human rights in certain countries will never be effective without the involvement and intervention from powerful countries.