Law of No. 27 Year 2004 about Truth and Reconciliation Commission
has been canceled by Constitution Supreme Court. This cancelation brings
consequence in solutions of gross violation of human rights past time in
Indonesia can only be done through of human right ad hoc court. One of the
cancelation reason is giving of compensation, restitution and rehabilitation for
victim gross violation of human rights depend to giving amnesty for perpetrator
of gross violation of human rights past time. Amnesty for perpetrator of gross
violation of human right according to rule of international law and law of
humaniter international do not be enabled so that from this side of cancelation
have correctness. however that cancelation have the character of totally, so that
door for solution of gross violation of human rights past time by using Truth
and Reconciliation Commission become closed, though existence of the
commission is expected can express the truth of past which can’t be done by
court. Image of the Indonesian criminal court which is ugly to be worried of
become appliance for the creation of impunity to gross violation of human
rights past time and also as medium for the giving of amnesty for his
perpetrator. If it does created conditions, hence litigation at the most merely
creating bureaucratic justice and is progressively left by him transitional justice
or substantive justice to all victim gross violation of human right.