Enforced disappearance is one of gross violations of human rights which perpetrated and repeated by the government in Indonesia. One of the most notable occurrences of enforced disappearance in Indonesia is the disappearance of persons, with pro-democracy activists as majority, on 1997-1998. To identify the form of Indonesia’s State Responsibilities over enforced disappearance cases occurred in 1997-1998 and further to identify the right settlement to solve enforced disappearance cases for the victims and victim’s family, thus this undergraduate thesis will use Normative Juridical Method to examine this particular case in relation to Indonesia’s State Responsibility. With (i) the state apparatus as the offender acting in official impunity, (ii) who further deny the abduction and detention, (iii) with no victim’s corpse. This will lead to complete absence of a judicial remedy for 1997-1998 disappearance cases. Although, Indonesian law is still insufficient, based on numerous international law instruments, Indonesia has State Responsibility to give reparation to the victims of enforced disappearance crime. The form of State Responsibility itself may vary, from compensation, satisfaction to the guarantee of nonrepetition to the nationals. |