Indonesian law recognizes human rights, which are guaranteed by the Constitution. Hence, they are at the top of the hierarchy of laws. However, it is not always straightforward how these international standards should be applied when handling specific legal cases on a national level. Courts have a key role in upholding human rights. Their ability to do so depends on the quality of human rights litigation, as well as on the knowledge available and the skills and attitudes of the judges themselves (among many other factors). NCHR works with judges, academia and human rights lawyers to strengthen the application of human rights standards in the legal process.
Training on human rights litigation
The training held on 5-9 October 2023 was organized by the Indonesian Legal Aid Foundation (YLBHI), with support from the NCHR. It was attended by 21 human rights lawyers working in various legal aid offices from all over Indonesia. YLBHI is a prominent human rights organisation in Indonesia, seeking to influence national policies as well as handling specific legal cases at the grassroots level.
The aim of the training was to strengthen the participants’ ability to use human rights arguments in court. It is part of NCHR’s ongoing cooperation with YLBHI, aiming to strengthen human rights litigation in Indonesia. It is linked with a mentorship program where support is given to legal aid offices to handle specific cases.
Most of the training focused on Indonesian law, and materials were presented by Indonesian experts. The training was commenced by an opening lecture provided by Professor Jeffrey Khan (from Southern Methodist University in the US), who was invited by NCHR. The opening focused on the role of lawyers and the right to legal representation.
The October training was co-financed with the organisation Luminate, who brought in an extra focus on gender aspects. The funds from Luminate also helped increase the number of participants.
While Indonesian courts often fail to consider human rights explicitly, there are also a number of relatively recent judgments that have been based on international human rights. This indicates that long term efforts on knowledge advancement works, and that positive signs are emerging.