The existence of Kajang indigenous community of Bulukumba Regency in Indonesia has been recognized before the 1918s and conflicted in many ways under atavism and modern perspective of political powers around the area. However, the decision and the commitment of the community members with Ammatoas to preserve the nature and environment amidst onslaught prevailing civilization and current socio-political and developments is a survival phase in gaining respected indigenous rights. Implementing concepts of „cukup-enough’ and ‘Pasang-Advices’ as lessons to communicate with the environment and surrounding forests is eventually recognized and respected. Though, the indigenous community is still continually experiencing difficult alluring occurrences in maintaining the tribal concept till now.
The 1945 Constitution of Indonesia has been amended to stipulate the protection of human rights. Yet, Indonesia still faces problems on its enforcement, existing legal system that has not provided satisfactory revealing poor enforcement of human rights, and laws related to human rights are overlapped creating legal uncertainties. Amid confused social-political changes, the Constitutional Court has found ways to resolve and improve disorders through applying inconsistencies within its decisions. Indeed, the Constitutional Court employed debates on perspectives of terrorism, gross violation of human rights, and the existence of Communism shadowed by the New Order power as considerations to decide conflicting cases amongst recent socio-political situations. Hence, the aspect of retrospectivity in constitution-based human rights justified flexibly to adjust with the needs of country's human rights protection.
<p><em>Although restorative justice model has been discouraged internationally, Indonesia has not formally used it within the judicial system. Therefore, in a way to socialize the model, the author is analyzing the cogency of a restorative theory of Primary Stakeholder proposed by McCold using Social Discipline concept on Indonesian human rights cases: Masykur Abdul Kadir against the Terrorism Act, Abilio Soares against Human Rights Court Law, and former members of Indonesian Communist Party-PKI against the General Election Law. The cases were in line with past actions but were in conflict with constitutional human rights protection, so then decided by the Constitutional Court. It were found that the court had to accomplish the needs of legal and political interests within the same time in a way to protect human rights and social comments were matter as they were driving court decisions of the cases. By this, although Masykur and other Bali Bombs trials had attracted social attentions leading to a high social sentiment to punished perpetrators, his legally constitutional rights that also supported by public opinion alongside government political deed had challenged the application the restorative concept. This was also seen in cases of Soares and former members of Indonesian Communist Party.</em></p>
Although restorative justice model has been discouraged internationally, Indonesia has not formally used it within the judicial system. Therefore, in a way to socialize the model, the author is analyzing the cogency of a restorative theory of Primary Stakeholder proposed by McCold using Social Discipline concept on Indonesian human rights cases: Masykur Abdul Kadir against the Terrorism Act, Abilio Soares against Human Rights Court Law, and former members of Indonesian Communist Party-PKI against the General Election Law. The cases were in line with past actions but were in conflict with constitutional human rights protection, so then decided by the Constitutional Court. It were found that the court had to accomplish the needs of legal and political interests within the same time in a way to protect human rights and social comments were matter as they were driving court decisions of the cases. By this, although Masykur and other Bali Bombs trials had attracted social attentions leading to a high social sentiment to punished perpetrators, his legally constitutional rights that also supported by public opinion alongside government political deed had challenged the application the restorative concept. This was also seen in cases of Soares and former members of Indonesian Communist Party.
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