Recommendation to Be Implemented in Two Months

President Joko “Jokowi” Widodo will meet victims of past gross human rights violations within the country and abroad as the first step toward the victims’ recovery.

KOMPAS/HERU SRI KUMORO

Coordinating Political, Legal and Security Affairs Minister Mahfud MD.

JAKARTA, KOMPAS – Within the next two months, the government aims to complete a presidential instruction that accommodates 11 recommendations from the Non-judicial Resolution of Past Gross Human Rights Violations (PPHAM) team. After that, President Joko “Jokowi” Widodo will visit these victims of gross human rights violations, both within the country and abroad. Apart from this being the first step toward the victims’ recovery, it is also expected to be the first step toward unveiling the truth on the path to reconciliation.

Coordinating Political, Legal and Security Affairs Minister Mahfud MD, when contacted in Jakarta on Friday (20/1/2023), said that the PPHAM team’s recommendations would be outlined in a presidential instruction to 17 ministries and agencies. The presidential instruction will be accompanied by a presidential decree on a monitoring team to control the materials and deadlines for each program.

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“The kickoff is planned within the next two months. There was a suggestion to have the kickoff start with a national feast and remembrance in accordance with each case and region. But that was just one idea,” he said.

Previously, President Jokowi as the head of state acknowledged that there had been gross human rights violations in 12 past incidents after receiving a recommendation from the PPHAM team at the State Palace in Jakarta on Wednesday (11/1/2023). In addition to recommending the President to acknowledge and express remorse over the past incidents, the team also recommended restoring the victims’ rights through two channels, namely their constitutional rights as victims and their rights as Indonesian citizens. The team also recommended rewriting history and illustrating the events in a balanced and official version of the historical narrative while taking into account the human rights of those who were made victims. Another recommendation is to issue state policies to ensure gross human rights violations do not occur again (Kompas, 12/1/2023).

Fulfilling promises

Mahfud ensured that the President would fulfill his promise to visit the victims, both within the country and abroad. This will be done once there is a legal basis for the presidential instruction and presidential decree.

For the time being, the path towards recovery will begin with the President’s visit to victims of past gross human rights violations in Talangsari (Lampung), Special Region of Aceh and abroad. These victims, especially those in eastern Europe, will be provided guarantees that they are Indonesian citizens entitled to the same rights.

Victims of past gross human rights violations abroad, continued Mahfud, will most likely be gathered in Geneva, Switzerland, Amsterdam, Netherlands, Russia and other countries. They can choose whether to return to Indonesia or not.

KOMPAS/RADITYA HELABUMI

Volunteers of the Victims Solidarity Network for Justice (JSKK) together with civil rights activists held the Kamisan Action in front of the Merdeka Palace, Jakarta, Thursday (19/1/2023). The 760th demonstration marks the 16th anniversary of the Kamisan Action, which voiced justice for victims of human rights violations, which took place since January 18, 2007.

National Commission on Human Rights (Komnas HAM) deputy chairman Abdul Haris Semendawai, during a visit to Kompas on Friday, stated that the commission hopes the President’s promise will not be mere political rhetoric and that it is fulfilled before the end of his term. Komnas HAM will oversee its implementation and actions to ensure the victims’ rights are fulfilled.

“We have also met with President Jokowi. We conveyed that there are 16 cases that Komnas HAM have investigated and found to be gross human rights violations. We asked why [the President] only acknowledged and expressed remorse over 12 cases. What about the other victims?” he said.

Although these four gross human rights violations, namely the 1984 Tanjung Priok incident, the 1999 East Timor incident, the 2000 Abepura incident and the 2014 Paniai incident, already went to trial, the accused were acquitted and, according to him, victims still have the right to recovery rights. Following this meeting with the President at the State Palace, Mahfud said that policies are still open for correction. Komnas HAM will oversee the government’s commitments.

Disclosing the truth

Institute for Policy Research and Advocacy (ELSAM) executive director Wahyudi Djafar is of the opinion that what needs to be done following the recommendations provided by the PPHAM team is to push for the disclosure of the truth. This is because Presidential Decree No. 17/2022, the legal umbrella for the formation of the PPHAM team, does not specify any regard for revealing the truth of the past. Since the President has already acknowledged and expressed remorse over 12 cases of past gross human rights violations, he hopes there will be a more participatory process for disclosing the truth to both victims and the general public.

“The meeting between the President and the victims should be pushed as the first step towards revealing the truth. This is an important step in building a new narrative about Indonesian history, which has thus far been written to benefit the victors,” said Wahyudi.

Disclosing the truth, Wahyudi continued, also fulfills the victims’ rights, namely the right to know and the right to the truth. He also believes that meeting with the victims should serve as an opportunity to find out what the victims truly want for recovery. As the 12 past incidents of gross human rights violations are very broad, every victim has different situations and needs.

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Victims of the 1956/1966 incident, for one, need their reputations restored as they face social and political discrimination. As for victims of enforced disappearances, they need confirmation of their family’s status. Are the families of those who have been missing still alive or dead? “Don’t even think that the path to recovery will be the same for every victim. The conditions and needs of each victim must be considered and this must be detailed through the presidential instruction/decree issued by the President,” he said.

Komnas HAM chairman Atnike Nove Sigiro concurred. In the 1998 riots, for example, there were cases of gender-based crimes. Rape victims needs their own specific forms of recovery.

“Victims who really want a nonjudicial settlement need to have their voices heard. It’s possible that they prefer their names to be cleared as opposed to material compensation. There are also those who need business aid. All of this requires a comprehensive consultation process with the victims,” she said.