From the perspective of the victim, of course, what is expected is that the truth is revealed, the perpetrator is punished and compensation is given. In reality, as time goes on, not all can be realized.
By
ASVI WARMAN ADAM
·6 minutes read
In his state address, on 16 August 2022, President Joko “Jokowi” Widodo said that he had signed a Presidential Decree for the Establishment of a Non-Judicial Resolution Team for Past Serious Human Rights Violations. The draft law or bill on the Truth and Reconciliation Commission is also in the process of being discussed.
The Truth and Reconciliation Commission Law (UU TRC) existed in 2004, but was overturned by the Constitutional Court (MK) in 2006. Since then, the efforts to revive the TRC Law have been in limbo. The 2022 National Legislation Program (Prolegnas) does not include the TRC Bill.
A new TRC Law was drafted; of course, it would take time. Not to mention the following processes, such as the formation of a selection committee and the screening of candidates for TRC members, which will take place at several levels. After that, it will take more time to wait while the commission works.
Therefore, three years is not enough time to complete all the stages before the TRC issues a ruling. In my opinion, the TRC function should be carried out or combined with the Non-judicial Resolution Team for Past Serious Human Rights Violations. Thus, the team was given a mandate for truth-telling and victim recovery, including recommending amnesty and rehabilitation to the President and proposals for compensation.
The urgency of this non-judicial resolution is due to the inability to judicially resolve past gross human rights violations. An ad hoc tribunal for gross human rights violations was run in the East Timor case although no one was sentenced during appeal.
The Tanjung Priok incident also saw a trial but it only sentenced low-ranked (military) personnel.
During the two decades of resolution for past gross human rights violations, there has been only limited assistance for victims.
Although it does not include cases of past gross human rights violations handled by the National Commission on Human Rights (Komnas HAM), on 16 December 2020, President Jokowi handed over compensation assistance to victims of terrorism crimes amounting to Rp 39.2 billion (USS2.63 million) for 215 victims and their heirs from 40 incidents.
Compensation
Regarding the recovery of victims, thus far the efforts that have been made are limited to basic-needs assistance. The mayor of Palu, in Perwali No. 25/2013 (Regional Human Rights National Action Plan), provided medical assistance to victims of the 1965 tragedy after publicly making an apology.
From 1966 to 1978 there were 300 political prisoners linked to 1965 cases who were forced to build 17 infrastructure projects in Palu without being paid, including the Palu River project to prevent flooding, construction of the Korem military office and paving roads, including airport runways.
In 2013 the Witness and Victim Protection Agency (LPSK) provided medical and psychosocial assistance (BMP) for victims of the 1965 incident (434 people), victims of enforced disappearances (12 people) and the Tanjung Priok case (6 people). In 2015, 1,275 people asked for this assistance.
More and more victims are registering but have not received assistance. Compensation is a payment from the state to the victim or the victim's family who are the heirs, the amount of which depends on the state's financial capacity for basic needs, including physical and mental care (Article 1.6 of the annulled TRC Law).
In the history of past gross human rights violations in Indonesia, such as the 1965 case, investors and large corporations have benefited. Therefore, it is hoped that large companies can provide corporate social responsibility (CSR) funds to victims of human rights violations. Thus, not everything is the responsibility of the state.
Truth disclosure
The Non-judicial Resolution Team may follow the model of the Indonesian and Timor Leste Truth and Friendship Commission. The commission examines several cases based on investigations that have been carried out by several institutions. Based on these findings, the commission went to the field to collect documents and interview witnesses, and so on. In its final ruling, the commission outlined the various cases, stated that gross human rights violations had occurred and named the institution responsible. So, no individual was tried.
The formation of the Non-judicial Resolution Team should not negate the trial for gross human rights violation, considering that cases of past gross human rights violations have no expiration date. Incidents that occurred after the establishment of the Law on the Human Rights Court in November 2000 were handled by the Serious Human Rights Court.
In the Law on the Human Rights Tribunal in 2000, the TRC was indeed referred to as an alternative to the Gross Human Rights Tribunal. However, because the TRC was not formed, the Non-judicial Resolution Team should be considered as a substitute.
In my opinion, the mysterious murders of 1982-1985 can be resolved non-judicially. The Non-judicial Resolution Team can examine the case, state that gross human rights violations occurred and name the responsible agent; then, compensation can be given to the victim's family.
Victims of 1965 Case
Regarding the 1965 tragedy, it is better to separate the cases because the time and place of the incident are different. Mass murder cases that have claimed 500,000 victims (including crimes against humanity and even genocide) should be resolved through an ad hoc Human Rights Court.
There are two cases that can be solved first. First, the case of revocation of citizenship of Indonesians who were abroad in 1965/1966. Second, the case of forced exile to Buru Island in 1969-1979. Both cases are purely state policies, but they are detrimental and even destroy the lives of Indonesian citizens.
From the perspective of the victim, of course, what is expected is that the truth is revealed, the perpetrator is punished and compensation is given.
In the first case, it (the state) needs only to admit that there was a mistake in the past and for that the government should apologize to the exiles. In the case of Buru Island, the President can provide rehabilitation. This rehabilitation needs to be approved by the Supreme Court. In the past, the Chief Justice of the Supreme Court, Bagir Manan, had written a letter regarding this matter.
With the formation of the Non-judicial Resolution Team for Past Serious Human Rights Violations, there is an opportunity to resolve some past gross human rights violations, while at the same time fulfilling (partially) President Jokowi's promises in the Nawacita.
From the perspective of the victim, of course, what is expected is that the truth is revealed, the perpetrator is punished and compensation is given. In reality, as time goes on, not all can be realized.
ARSIP PRIBADI
Asvi Warman Adam
Asvi Warman Adam, Research Professor at BRIN, Resource Person at CAVR (2004) and Truth and Friendship Commission (2008) in Dili and Expert Witness IPT 65 in The Hague, 2015
