The PPHAM recommendation will contain requests for state recognition of gross human rights violations in the past and victim rehabilitation in the form of social assistance.
By
DIAN DEWI PURNAMASARI
·5 minutes read
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).
JAKARTA, KOMPAS — After working for approximately three months, the Non-Judicial Resolution Team for Serious Human Rights Violations (PPHAM) will submit its recommendations to the government through Coordinating Political, Legal and Security Affairs Minister Mahfud MD. In general, the recommendations will contain requests for state recognition of gross human rights violations in the past and victim rehabilitation in the form of social assistance.
The chair of the PPHAM, Makarim Wibisono, contacted from Jakarta on Wednesday (28/12/2022), said that after meeting with victims of 12 gross human rights violations, the final recommendation had been completed. The team was now just doing the final proofread on the report.
Meanwhile, on Tuesday (12/27), the PPHAM Team had an audience with the executive board of Nahdlatul Ulama (PBNU) and the NU Ulamas in Surabaya, East Java. They discussed the 1965-1966 events and the NU conflict with the Indonesian Communist Party. NU accepted non-judicial settlement models as far as they did not reopen old wounds (Kompas, 28/12/2022).
In the last three months, the PPHAM team members had divided their duties to meet victims of 12 gross human rights violation events. In addition to the 1965-1966 events, they also included the mysterious shooting incidents in the 1982-1984 period, Geudong's house in the era of the 1989-1998 Aceh Military Operations, Talangsari in 1989, Trisakti in 1998, Semanggi I and II, the May 1998 riots, Simpang KAA in 1999, the murder of dukun (shaman) in Banyuwangi in 1999, Asior in 2001, Wamena in 2003 and Jambo Keupok Aceh in 2003.
Makarim said that if things went according to schedule and there were no changes, the recommendation would be submitted to the Office of the Coordinating Political, Legal and Security Affairs Minister on Thursday (29/12) because the PPHAM team's term will end on 31 Dec., 2022.
If it has been read by the President, we will definitely disclose the recommendations.
Kompas received information that one of the important points of the PPHAM team's recommendation was a request from the victims for the state’s recognition of the incidents. The victims have been experiencing suffering and discrimination for a long time as a result of the gross human rights violations, but there has never been recognition from the state. In addition, other points in the recommendation also suggest providing education and instilling universal human rights values in state defense and security bodies, namely the Indonesian Military (TNI) and National Police.
When asked about the contents of the recommendation, Makarim declined to elaborate. He said the recommendations would have to be submitted to the President first.
"Later, if it has been read by the President, we will definitely disclose the recommendations. What is clear is that the contents are the same as those in Presidential Decree No. 17/2022 [on the formation of the PPHAM team]," he said.
DIAN DEWI PURNAMASARI
Coordinating Minister for Political, Legal and Security Affairs Mahfud MD (second from right), Deputy Rais Aam Executive Board of Nahdlatul Ulama Anwar Iskandar, and General Chairperson of PBNU Yahya Cholil Staquf during an audience between the Non-Judicial Settlement Team for Gross Past Human Rights Violations with the Executive Board of Nahdlatul Ulama and NU Ulama at the Miftachus Sunnah Islamic Boarding School, Surabaya, East Java, Tuesday (27/12/2022).
Makarim said that in general, the PPHAM team had been tasked with giving advice on the resolution of non-judicial cases of gross human rights violations determined by the National Human Rights Commission (Komnas HAM) until 2020.
The team will also recommend recovery for the victims and families and will suggest prevention efforts so that gross human rights violations will not happen again.
"With the efforts for the non-judicial disclosure and solutions, the PPHAM team will recommend recovery support for the victims and [efforts to ensure] that the events do not recur. The disclosure of cases of gross human rights violations will be carried out by revealing the background, cause and effect, triggering factors, identification of the victims and the impact caused," he said.
Steps forward
North Sumatra Legal Aid and Advocacy Association study and advocacy staff member Christian Rahmat said that if there was a recommendation for state recognition of human rights abuses from the PPHAM team, it is a step forward. However, this will depend on the good intentions of the government to follow up on the recommendation. If the state does not want to recognize the cases of gross human rights violations in the past, it will not have an impact on the disclosure of the truth and the reconciliation of the victims.
Study and Community Advocacy Institute (ELSAM) executive director Wahyudi Djafar added that the entire process carried out by the PPHAM team, including the recommendations produced, should not deviate from the core principles of addressing gross human rights violations. These principles included transitional justice, rule of law, human rights and victim recovery.
The team also had to emphasize that non-judicial settlements would not replace the judicial steps that took place at the Komnas HAM. So far, the investigation of gross human rights violations has remained stagnant at the Attorney General's Office (AGO). The legal process has also been unable to provide justice for the victims. The latest, the verdict of the Paniai case, acquitted the single defendant in the incident.
According to Wahyudi, the non-judicial settlement was only to complement the legal settlement mechanism in court.
The recommendations from the PPHAM team should encourage the state to recognize that there were human rights violations in the past. After that, it could simply move to the steps of repair and recovery that could be carried out by the state. This could be done in the form of an apology or official message of regret from the state for allowing gross human rights violations in the past.
After that, he continued, it would be possible to talk about victims' rights, social assistance, health insurance, scholarships and other recommendations for victims and their families.
