The Gross Violations of Human Rights: Solving a Case in Banda Naira Island Middle Maluku District

Abstract

This study aims to analyze the pattern of resolution for serious human rights violations, specifically the 1621 genocide on Banda Naira Island, Central Maluku Regency, and to assess the role of the regional government in addressing these violations. Employing a normative legal research method complemented by empirical analysis, the research examines statutory provisions, historical records, and comparative studies of genocide cases in other countries. The findings reveal that the resolution of past gross human rights violations in Indonesia, including the Banda Naira genocide, has been hampered by limited legal action and insufficient government attention. The study underscores that both substantive and procedural aspects—guided by Law No. 26 of 2000 concerning Human Rights Courts—must be fulfilled to qualify an incident as a gross human rights violation (genocide). The procedural process involves a pro-justice investigation by the National Human Rights Commission (Komnas HAM), culminating in a plenary decision and potential referral to the Attorney General. The research highlights the importance of a reconciliation process that is community-driven and culturally rooted, involving truth-seeking, acknowledgment of victims, and reparations. The Central Maluku Regency government is urged to initiate comprehensive studies to officially document the genocide, which would facilitate further investigation and recognition by national authorities. In conclusion, resolving the Banda Naira genocide requires a collaborative approach integrating legal, governmental, and cultural mechanisms to ensure justice, truth, and reconciliation for victims and their descendants