HUMAN RIGHT PROTECTION FOR THE VICTIMS OF RACIAL RIOTS IN JAKARTA, SAMPIT, MATARAM AND LAMPUNG

Abstract

In 1998, occurred the Jakarta Riot which was the culmination of the beginning of Orde Baru’s (ORBA) downfall. That riot counts as racial conflict which later happened again in other regions of Indonesia such as Sampit (2001), Mataram (2001), and Lampung (2012). Despite stated in preambule of the 1945 constitution that: “... subsequent thereto, to form a Government of the State of Indonesia which shall protect the whole Indonesian nation and the entire native land of Indonesia.” The government failed to provide protection and it caused numerous human rights problems which were harmed in those incidents. Those conflicts happened because of gaps that existed between the local residents and ethnic immigrants. Meanwhile, economic inequality and conflict on the domestic level believes that as inequality increases, so will conflict. Based on these incidents, problems were discovered regarding how to protect human rights related to racial conflict in Indonesia. For this reason, a normative legal research study was carried out using a legal and conceptual approach based on Critical Race Theory (CRT). Critical Race Theory (CRT) is a theory that acknowledges that racism is embedded in systems and institutions that replicate racial inequality. CRT is also then codified in law, embedded in structures, and implemented in public policy. In reality, governments in establishing policies were unable to enforce their obligation, therefore inter-ethnic conflicts happened. Eventually, in order to provide human rights protection so that identical racial conflicts end, it is necessary to strengthen the implementation of Pancasila values which will create social welfare for all Indonesian citizens.