Acceleration of Recovery for Victims of Gross Human Rights Violations
Now is the time to accelerate the realization of victims' recovery while paying attention to related regulatory aspects and the need to seek new breakthroughs regarding compensation for victims of PHB.
We welcome the government's acknowledgment of 12 cases of past gross human rights violations.
This acknowledgment needs to be immediately followed up with concrete steps to accelerate victim recovery. In order for acceleration to be realized, it is necessary to pay attention to regulatory aspects including institutions and to find compensation for victims.
Regulatory aspects
The government is currently working on a Presidential Instruction (Inpres) and a Presidential Decree (Keppres) to follow up on the recommendations of the Team for the Non Judicial Settlement of Past Gross Human Rights Violations (Tim PP HAM).
It would be better if the design of the Presidential Instruction and Presidential Decree were still guided by the relevant existing regulations. At present we already have Government Regulation (PP) No 7/2018 relating to PP No 35/2020 concerning Provision of Compensation, Restitution and Assistance to Witnesses and Victims. In the regulatory hierarchy, PP is higher than Presidential Instruction and Presidential Decree.
PP No 7/2018 is a mandatory regulation of Law No 13/2006 in conjunction with No 31/2014 concerning Protection of Witnesses and Victims. Referring to its considerations, this PP was issued to implement Article 78 of Law No. 31/2014, which mandates further arrangements regarding assistance to victims, including victims of gross human rights violations (PHB). What is meant by assistance is services in the form of medical assistance, psychosocial and psychological rehabilitation.
Also read:
> Refuse to Forget Past Gross Human Rights Violations
The Presidential Instruction and Presidential Decree currently being drafted are suggested to focus on the implementation of physical rehabilitation (Article 4 letter a) and other rehabilitation (Article 4 letter e) as referred to in Presidential Decree No. No 17/2022 concerning the Establishment of the PP HAM Team, the implementation of which is in coordination by/with the Witness and Victim Protection Agency (LPSK).
The goal is that the implementation of physical rehabilitation and other rehabilitation can complement and/or strengthen the implementation of social assistance, health insurance and/or scholarships for PHB victims (Article 4 letter b-d of Presidential Decree No 17/2022), which has been and can be carried out by the LPSK in accordance with their duties and functions through medical assistance, psychosocial and psychological rehabilitation assistance.
It could also be that the Presidential Instruction and Presidential Decree are intended to provide reinforcement to the LPSK according to the LPSK's proposal. For example, the acceleration of increasing the formation of representative LPSKs in the regions as mandated by Article 11 Paragraph (3) of Law No 31/2014, or the addition of new bureaus within the LPSK along with Ortala (organization structure and implementation), HR and their budget.
Regarding medical assistance, psychosocial and psychological rehabilitation for PHB victims, PP No 7/2018 in conjunction with PP No 35/2020 regulates: (1) PHB victims have the right to receive assistance in the form of medical assistance and psychosocial and psychological rehabilitation assistance; (2) requests for assistance are submitted in writing to the LPSK.
Also read:
> State Admits to Occurrence of Gross Human Rights Violations
> Clearing up Settlement of Gross Human Rights Violations
Then; (3) the request for assistance must be accompanied by, among other things, a statement from the National Commission on Human Rights indicating the applicant as a witness and/or victim or the family of witnesses and/or victims of gross human rights violations; (4) the provision of assistance is determined by the decision of the LPSK; and (5) in carrying out the provision of assistance, LPSK can cooperate with ministries/agencies, regional administrations, the private sector and/or non-governmental organizations.
Regarding the duties and functions of the LPSK related to psychosocial rehabilitation assistance, the scope is very broad. According to the elucidation of Article 6 Law No 31/2014, all forms of psychological and social services and assistance are aimed at helping to relieve, protect and restore the victim's physical, psychological, social and spiritual condition so the victim is able to carry out their social functions again properly.
In order to do this, the LPSK, among other things, is improving the quality of life of victims by collaborating with relevant authorities in the form of assistance in fulfilling clothing, food, shelter, assistance in getting a job or assistance with continuing education. From 2012 to 2022, LPSK has provided services to at least 4,000 victims of PHB with around 4,567 services.
Compensation
The government's acknowledgment of past gross human right violations needs to be used as a momentum to jointly seek new breakthroughs regarding compensation for them. Compensation has been awaited for more than half a century, especially by the victims of the 1965 massacre.
Referring to the 2020 LPSK survey in 11 regencies/cities in Central Java, the expectations of victims from the state if they receive special treatment are: 80 percent of respondents want compensation, 15 percent want psychosocial rehabilitation assistance and 5 percent want benefits pension. A number of steps need to be taken to be able to make this breakthrough, namely legal and nonlegal steps.
Legal steps include changes to a number of laws and regulations, for example Law No. 26/2000 concerning Human Rights Courts, Government Regulation No. 3/2002 and Government Regulation No. 35/2020 concerning compensation for victims of gross human right violations. The main target of legal steps is the amendment to Law No. 26/2000 and an agreement is reached to formulate in it a new legal norm containing a statement that victims of PHB are the responsibility of the state and the form of this responsibility is in the form of compensation.
-
A similar agreement was made by the government and the House of Representatives in 2018 when amending Law No. 15/2003 concerning the Stipulation of Perppu No. 1/2002 concerning the Eradication of Criminal Acts of Terrorism to become Law No. 5/2018. This amendment is a historic step for the state, nation and the government of the Republic of Indonesia because it really cares about victims of terrorism. Article 35A (1) of Law No 5/2018 stipulates victims are the responsibility of the state. Paragraph (4) stipulates the form of state responsibility includes compensation.
It is this amendment that opens the way for victims of terrorism to obtain compensation. In fact, the road was also given to victims of past terrorism, namely those that occurred before 2018, including the victims of the first and second Bali bombings in 2002.
Article 43L of Law No. 5/2018 Paragraphs (1) and (2) stipulates the direct victims of criminal acts of terrorism before this Law comes into effect and have not yet received compensation, medical assistance or psychosocial and psychological rehabilitation are entitled to receive compensation, medical assistance or psychosocial and psychological rehabilitation, for which the proposal is addressed to the LPSK.
Also read:
> Uncover the Truth for Reconciliation
Agreements like the one above are very likely to be made again at this time to realize compensation for victims of PHB for several reasons. First, the occurrence of terrorism and PHB incidents can be seen as a form of the state's failure to protect its citizens. Second, the current government has acknowledged the existence of past PHB in several incidents and this recognition has received appreciation from the public and the international community. Third, the support of political parties to the government is currently significantly strong.
Nonlegal steps that need to be taken include data collection on victims and preparing a budget for compensation. Data collection needs to be addressed, especially to victims of PHB in 12 incidents that have been recognized by the government with the aim of issuing SKKPHAM (Certificate of Victims of Human Rights Violations). Data collection should involve institutions that have the task of issuing SKKPHAM. Data collection can also involve the LPSK because this institution can provide protection to victims from the time of investigation.
The amount of the budget for compensation can be estimated based on the experience of the LPSK in dealing with compensation for victims of past terrorism. For around 355 victims of past terrorism, LPSK has paid compensation of around Rp 59 billion. For the method of setting the amount of compensation, it can involve related experts, for example a forensic psychologist.
Victims of past gross human right violations (PHB) have waited decades for justice. Now is the time to accelerate the realization of victims' recovery while paying attention to related regulatory aspects and the need to seek new breakthroughs regarding compensation for victims of PHB.
Antonius PS Wibowo.
Antonius PS Wibowo, Deputy chairman of the Witness and Victim Protection Agency
This article was translated by Kurniawan Siswo.
