The Human Rights Court is established under the Act Number 26 Year 2000 on Human Rights Court
The Act also recognize Ad Hoc Human Rights Court with special authority to hear gross violation of human right taking place prior to the enactment of the Act Number 26 Year 2000. Establishment of this Court must be conducted under the recommendation by the parliament in a very special instances and established according to the Presidential Decree. (art 43).
As special court responsible to hear and decide on gross violation of human rights cases. (art 4)
The court also responsible to hear and decide on gross violation of human rights committed outside the Indonesian border by Indonesian citizen. (art 5)
Gross violation of human rights covers crime of genocide and crime against humanity (article 7 and article 8) as action committed with the intention to destroy or eliminate all or part of group of nation, race, ethnic group, religious group by way of:
- Massacre the member of the group
- Inflict heavy physical and mental suffering to the members of the group;
- Create certain life condition over the life of the group which will caused physical termination in whole or in part;
- Insist actions intended to prevent reproduction in certain group; or
- Forced removal of children in certain group to another group.
The Crime Against Humanity (article 9) is defined as widespread or systematic attack which known (to the perpetrator) that such attack intended directly to civilian, in form of;
- Murder
- Extermination
- Slavery
- Forced eviction or removal of citizen
- Deprivation of freedom or other physical freedom in arbitrary manner which violates principles of international laws
- Torture
- Rape, sexual slavery, forced prostitution, forced pregnancy
- Forced sterilization or other equal forms of sexual harassment
- Persecution to certain group or association which is based on the similarity of political views, race, nation, ethnicity, culture, religion, sex or other universally accepted reasons as prohibited act according to international law
- Forced disappearance or
- Crime of apartheid
Human Rights court is a special court under the jurisdiction of general court. Human Rights Courts sits in:
- Central Jakarta with jurisdiction covers the Special Capital Region of Jakarta, Province of West Java, Banten, South Sumatera, Lampung, Bengkulu, West Kalimantan, and Central Kalimantan;
- Surabaya with jurisdiction covers the Province of East Java, Central Java, Special Region of Yogyakarta, Bali, South Kalimantan, East Kalimantan, West Nusa Tenggara, and East Nusa Tenggara;
- Makassar with jurisdiction covers the Province of South Sulawesi, South East Sulawesi, Central Sulawesi, North Sulawesi, Maluku, North Maluku, and Irian Jaya;
- Medan with jurisdiction covers the Province of North Sumatera, Special Region of Aceh, Riau, Jambi, and West Sumatera.