Indonesian Middle Way

President Joko “Jokowi” Widodo's administration has been trying to pay off what is supposed to be the nation’s historical debts to resolve cases of past human rights violations through non-judicial means.

KOMPAS/HENDRA A SETYAWAN

A man crosses in front of a mural of fighters and human rights activists (HAM) in the Bojongsari area, Depok, West Java, Tuesday (23/8/2022). President Joko Widodo at the MPR Annual Session, 16 August 2022 said that he had signed a Presidential Decree on the Formation of a Team for the Non-judicial Resolution of Past Gross Human Rights Violations.

A non-judicial settlement team for cases of past human rights violations has been formed. In addition to being part of the fulfillment of the nine key programs Jokowi promised during his presidential campaign, the settlement of human right violations is a duty and obligation of leaders as mandated by the Constitution. The human rights violations settlement team, led by Makarim Wibisono with Coordinating Political, Legal and Security Affairs Minister Mahfud MD as chair of the steering committee, will end its working term on 31 Dec. 2022. As reported, the model for resolving cases of past human rights violations was presented to the Nahdlatul Ulama Executive Board (PBNU). NU accepted the non-judicial settlement model as long as it would not open up “old wounds”.

Unresolved human rights violations will continue to be historical burdens for the state. They will haunt the nation into the future and potentially become political issues. The state once formed a Truth and Reconciliation Commission (KKR) in 2004, but the KKR Law was annulled by the Constitutional Court (MK) and the move to bring past human rights offenders to justice through ad hoc courts came up short. The Tanjung Priok case was among the pitfalls. At the Paniai ad hoc human rights court, the panel of judges finally acquitted the accused.

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> Non-judicial Settlement Accepted

That is the existing political reality. This nation has not succeeded in resolving cases of past human rights violations through the courts. There could be difficulties in proving the violations in courts due to either lack of evidence or lack of political support to hold perpetrators of human rights violators accountable. This is common in several countries.

DOKUMENTASI HUMAS KEMENKO POLHUKAM

The Coordinating Minister for Political, Legal and Security Affairs Mahfud MD held a meeting with the Team for the Non-Judicial Settlement of Past Gross Human Rights Violations (PPHAM Team), Monday (19/12/2022).

The non-judicial settlement team says it has not closed the door to a judicial resolution, but the statement has proven to be just rhetoric. The ratification of the Criminal Code (KUHP) by the House of Representatives and the government has made it increasingly difficult to resolve cases of past human rights violations due to the provision of “expiry period”.

Regardless of the controversies and criticism, the move taken by President Jokowi deserves appreciation. This is a form of the state's support for the victims and their families. Cases of human rights violations have been overshadowing the nation since independence and through the reform period. This must be heeded and resolved. Otherwise, it will continue to be a burden of history.

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> Clearing up Settlement of Gross Human Rights Violations

Victims of human rights violations and their families have to be treated justly. The public has the right to know what actually happened and how the victims' families received rehabilitation, compensation and restitution. The team certainly needs to take into account the state's support for the victims.

However, the team also needs to formulate steps to distance the alleged perpetrators of human rights violators – even though they have not been legally proven – from the circle of power. This condition sometimes causes pain to the victims’ families. The team must also be able to help ensure that a similar case does not recur in the future, including various violations of civil rights that have frequently occurred recently.

This article was translated by Musthofid.