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Indonesia

Promote civic space in restorative justice efforts (ID0128)

Overview

At-a-Glance

Action Plan: Indonesia Action Plan 2020-2022

Action Plan Cycle: 2020

Status:

Institutions

Lead Institution: Ministry of National Development Planning/National Development Planning Agency

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

Policy Areas

Access to Justice, Civic Space, Freedom of Assembly, Freedom of Association, Freedom of Expression, Justice, Policing & Corrections, 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): Low

Implementation i

Completion:

Description

What is the public problem that the commitment will address? The presence of civic space in Indonesia to safeguard democratic governance is getting smaller. The existence of several facts indicates this: 1. There is the criminalization of civilians who exercise their right to information and critical expressions of civil society for a public policy. 2. The lack of personal data protection and personal security for civil society who exercise the right to information and expression. 3. There is excessive and arbitrary use of force and authority to the right to assemble and organise. In this case, it is necessary to strengthen understanding regarding restorative justice. Restorative justice, which is a theory, has been implemented through various government policies and programs, such as the Juvenile Criminal Justice System (Sistem Peradilan Pidana Anak - SPPA). However, there is no policy for a restorative justice in cases related to the right to information, the right to organize, the right to express opinions and the right to assemble. What is the commitment? Ensuring the presence of civic space in the roadmap of restorative justice. How will the commitment contribute to solving the public problem? This commitment supports the realisation of a more transparent restorative justice so that the community can obtain their rights in every judicial process. 68 Why is this commitment relevant to OGP values? This commitment will support the Open Government values, namely participation. Why is this commitment relevant to Indonesian Medium-Term National Development Plan (RPJMN) and SDGs? This commitment will support the 16th SDGs Goal, namely Strengthening an Inclusive and Peaceful Society for Sustainable Development, Providing Access to Justice for All, and Building Effective, Accountable and Inclusive Institutions at All Levels and especially target 16.3 namely promoting the rule of law at the national level and internationally and ensure equal access to justice for all. In addition, this commitment is in accordance with the 2020-2024 RPJMN, page 272, regarding increasing access to justice. Additional information. - Milestone Activity with a verifiable deliverable Start Date End Date The availability of research results and roadmaps on restorative justice related to the right to information, the right to expression, and the right to assemble and organise in the restorative justice blueprint. January 2021 December 2022

IRM Midterm Status Summary

Action Plan Review


Commitment 18: Ensuring Civic Space

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

    Results Report


    Commitment 18. Ensuring Civic Space

    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 aimed to guarantee the consideration of civic space protection in a new roadmap on restorative justice. The Ministry of National Development Planning's Directorate of Law and Regulation developed this roadmap in consultation with various government agencies and CSOs—comprising the Institute for Criminal Justice Reform (ICJR), the Institute for Independent Judiciary (LeIP), and IJRS. [157] IJRS supplemented this work with research on restorative justice in Indonesian criminal law. [158] However, the roadmap released did not address rights to information, expression, assembly, and association. [159] Without these civic space components, the roadmap fell short of the commitment’s objective. [160] Following the implementation period, implementers agreed to conduct research on ensuring civic space. [161]

    [157] Open Government Indonesia Secretariat, “Laporan Monitoring dan Evaluasi Rencana,” [Monitoring and Evaluation Report], 142–45, https://drive.bappenas.go.id/owncloud/index.php/s/lnElp1v1TS3RMJi#pdfviewer; “Bappenas Completed Restorative Justice Roadmap,” Jiwa Muda Indonesia, 27 April 2022, https://www.jiwamudaindo.com/bappenas-completed-restorative-justice-roadmap/ .
    [158] Maidina Rahmawati et al., Peluang dan Tantangan Penerapan Restorative Justice dalam Sistem Peradilan Pidana di Indonesia [Opportunities and Challenges Application of Restorative Justice in the Criminal Justice System in Indonesia], Institute for Criminal Justice Reform, October 2022, https://icjr.or.id/wp-content/uploads/2022/10/221014-Ebook_Peluang-Penerapan-RJ-dalam-SPP-di-Indonesia.pdf .
    [159] Open Government Indonesia Secretariat, “Laporan Monitoring dan Evaluasi Rencana,” [Monitoring and Evaluation Report], 142–45, https://drive.bappenas.go.id/owncloud/index.php/s/lnElp1v1TS3RMJi#pdfviewer; “Bappenas Completed Restorative Justice Roadmap,” https://www.jiwamudaindo.com/bappenas-completed-restorative-justice-roadmap/ .
    [160] “Diskusi Pendalaman Komitmen Sektor Keadilan” [Discussion on Deepening Justice Sector Commitments], Ministry of National Develepment Planning Indonesia, https://drive.bappenas.go.id/owncloud/index.php/s/FqwqA1BvaaGhbl1#pdfviewer .
    [161] Open Government Indonesia Secretariat, “Laporan Monitoring dan Evaluasi Rencana,” [Monitoring and Evaluation Report], 145, https://drive.bappenas.go.id/owncloud/index.php/s/lnElp1v1TS3RMJi#pdfviewer

    Commitments

    Open Government Partnership