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Indonesia

Involve civil society in Truth and Reconciliation Commission (TRC) Bill (ID0126)

Overview

At-a-Glance

Action Plan: Indonesia Action Plan 2020-2022

Action Plan Cycle: 2020

Status:

Institutions

Lead Institution: Ministry of Law and Human Rights

Support Institution(s): State actors involved Ministry of National Development Planning/National Development Planning Agency

Policy Areas

Access to Justice, Human Rights, Justice, Legislation, Public Participation, Sustainable Development Goals

IRM Review

IRM Report: Indonesia Results Report 2020-2022, Indonesia Action Plan Review 2020-2022

Early Results: No early results to report yet

Design i

Verifiable: Yes

Relevant to OGP Values: Yes

Ambition (see definition): No Data

Implementation i

Completion:

Description

What is the public problem that the commitment will address? To this date, victims of serious human rights violations have received little attention. Children who are victims of human rights violations, for example, do not get scholarships to continue their education because scholarship requirements are always related to academic achievement. Another example is that there is no government assistance to remove bullets in the body of victims in Aceh. Currently, 40,000 civilians have become victims of the conflict in Aceh. In this regard, the Truth and Reconciliation Commission (TRC) has a significant role in assisting local governments in implementing the recovery of victims of human rights violations. Currently, the TRC Bill is in the discussion stage. If there is the involvement of civil society in the discussion of the TRC Bill, the regulation is expected to strengthen the TRC's position and accelerate the recovery of serious human rights violations. 61 What is the commitment? There is a meaningful involvement of civil society in every stage of the TRC bill discussion. How will the commitment contribute to solving the public problem? It is hoped that civil society's involvement in the deliberation of the TRC Bill will be able to strengthen the TRC's position in providing recommendations and assisting in the recovery of victims of serious human rights violations. The TRC's involvement in the recovery process provides an opportunity for the community to find out what steps the local and central government have taken in aiding victims. This will help many victims who have been neglected and do not receive the attention they deserve. Why is this commitment relevant to OGP values? This commitment will support the Open Government value, namely participation. The existence of public participation in the KKR Bill discussion will increase the effectiveness of the subsequent TRC performance. Why is this commitment relevant to Indonesian Medium-Term National Development Plan (RPJMN) and SDGs? This program will support the SDGs Goal, mainly target 16.3, to promote the rule of law at the national and international levels and ensure equal access to justice. Also, this commitment is in accordance to the RPJMN 2020-2024 page 236 point 2 letter b, also known as the application of restorative justice; by optimizing the usage of regulations provided in-laws and regulations that supports restorative justice, optimizing the roles of the customary institution and other institutions related to alternative dispute resolution, including prioritizing efforts to provide rehabilitation, compensation, and restitution for victims, including victims of human rights violation Additional information. - Milestone Activity with a verifiable deliverable Start Date End Date The implementation of meaningful involvement of civil society in the drafting of the TRC Bill. January 2021 December 2022

IRM Midterm Status Summary

Action Plan Review


Commitment 16: Civil Society Involvement in the Truth and Reconciliation Commission Bill

  • Verifiable: Yes
  • Does it have an open government lens? Yes
  • Potential for results: Modest
  • IRM End of Term Status Summary

    Results Report


    Commitment 16. Civil Society Involvement in the Truth and Reconciliation Commission Bill

    Verifiable: Yes

    Does it have an open government lens? Yes

    Potential for results: Modest

    Completion: Limited

    Did it open government? No early results to report yet

    This commitment sought to meaningfully involve civil society in drafting the Truth and Reconciliation Commission Bill (RUU KKR), which did not pass during the implementation period. Opportunities for engagement were sporadic. In 2020 and 2021, the Human Rights Directorate of the Ministry of Law and Human Rights conducted preparatory consultations with academic and legal experts on cases of serious human rights violations and a discussion with the CSO National Commission for Victims of Violence and the Disappeared (Kontras). The Ministry also held many meetings with the Indonesian Association of Families of Disappeared (IKOHI) to discuss the draft bill, [137] but the OGI Secretariat did not have information on whether civil society was included in the later stages. [138] Hearings on the bill took place in August 2022, [139] but it had not been finalized by the following October. [140] Progress on the bill stalled due to the Presidential Decree to create the non-judicial human rights team. [141] A commitment in the next action plan intends for further civil society efforts to contribute to the drafting process for this bill.

    [137] “Capaian Target B06 atau Semester I Tahun 2021 Rencana Aksi Nasional Open Government Indonesia 2020–2022 Terlaksananya Pelibatan Masyarakat Yang Bermakna Dalam Penyusunan Kajian Substansi, Naskah Akademik Dan RUU KKR” [Achievement of Target B06 or Semester I of 2021 Open Government Indonesia National Action Plan 2020–2022 Implementation of Meaningful Community Involvement in the Preparation of Substance Studies, Academic Papers and the TRC Bill], Ministry of National Develepment Planning, https://drive.bappenas.go.id/owncloud/index.php/s/Ad8yRlDPv6g05jx?path=%2FKementerian%20-%20Lembaga#pdfviewer; Open Government Indonesia Secretariat, “Laporan Monitoring dan Evaluasi Rencana,” [Monitoring and Evaluation Report], 132, https://drive.bappenas.go.id/owncloud/index.php/s/lnElp1v1TS3RMJi#pdfviewer .
    [138] Arifin, written correspondence.
    [139] Asvi Warman Adam, “Better Revealing the Truth than Offering Compensation,” Jakarta Post, 24 September 2022, https://www.thejakartapost.com/opinion/2022/09/23/better-revealing-the-truth-than-offering-compensation.html .
    [140] “New Human Rights Hopes,” Jakarta Post, 12 October 2022, https://www.thejakartapost.com/opinion/2022/10/11/new-human-rights-hopes.html .
    [141] Nazarudin Latif and Dandy Koswaraputra, “Activists: Indonesia’s attempt to address past rights abuses risks perpetuating impunity,” Benar New, 18 August 2022, https://www.benarnews.org/english/news/indonesian/rights-team-08182022160956.html .

    Commitments

    Open Government Partnership