Drafting of the Truth and Reconciliation Commission Draft Law (ID0144)

Brief Description of the Commitment

Drafting of the Truth and Reconciliation Commission Draft Law (RUU KKR) with public inputs and participation. Making progress with the RUU KKR is important as a legal basis for revealing the truth about past gross human rights violations, especially at a national scale.

Problem Definition

1. What problem does the commitment aim to address? Human rights violations impact victims in many ways. Economically, for example, many women who are mothers, wives or children of victims experience trauma and live in poverty. Other victims are elderly persons with health problems in addition to their economic and social problems. Despite this, a negative stigma still surrounds the public’s perceptions regarding them. Furthermore, in addition to having the right to material and physical wellbeing, victims of human rights violations should also have the right to truth, and to receive acknowledgment from the state regarding the events which occurred to them. At the national level as well as at the local level in Papua, there is no truth-seeking mechanism yet. After the cancellation of Law Number 27 Year 2004 regarding the Truth and Reconciliation Commission in 2006 by the Constitutional Court, the executive and legislative government have attempted to draft another law, which still hasn't been made a national priority up to date. Efforts should be made in establishing truth and reconciliation commission (“TRC”) that is supported by a strong legal basis, as its presence is important in providing victims with the truth, formal acknowledgment and apologies from the state, as well as efforts relating to peace, law enforcement, rehabilitation, and other matters that victims of gross human rights violations have the right to receive. Based on the concept of transitional justice, truth-seeking mechanisms are an integral part of justice, reparation and institutional reform efforts. Because it is important to have an adequate legal basis to establish a TRC, it is essential for the public to be meaningfully involved in its drafting process. Reflecting on Indonesia’s experience with the previous Law that the Constitutional Court annulled, the contents of RUU KKR this time must reflect the victims’ perspective and prioritize their wellbeing, and the drafting process must be participatory, open, transparent and accountable. The existence of a regulation for TRC at the national level can also strengthen the establishment of a TRC in Papua and West Papua. Furthermore, having a strong TRC regulation at the national level can also strengthen the TRC implementation in Aceh, especially for matters where there are still policy gaps at the regional level. For example, in Aceh, there is no Government Regulation that clearly regulates the process of implementing the recommendations for reparations provided by the Aceh TRC to the Government.

2. What are the causes of the problem? In Aceh, one of the problems in providing recovery for victims of human rights violations is the absence of a Government Regulation to clearly regulate the process of implementing the Aceh TRC’s recommendations. This legal absence affects the lack of budgeting from the government, the persistence of bureaucratic access to justice which do not prioritize the victims’ needs, as well as other technical and non-technical problems such as the identification of victims, needs analysis, and recommendations provided to the Aceh Government. These things hinder the provision of reparations from being delivered properly. Furthermore, the judicial process for resolving cases of human rights violations in Indonesia has been slow and considerably does not provide the justice which victims deserve. For example, the Human Rights Court for the Tanjung Priok and East Timor Cases acquitted the main perpetrators, and the perpetrators who were convicted at the court during the first instance were acquitted at the appeal or cassation level. This can increase the victim's distrust towards the state, especially after the previous TRC Law was repealed. For this reason, the formation of a TRC supported by a strong legal basis can be a means for victims to obtain their rights, especially the right to truth and to receive state acknowledgment of the victims' rights.

Commitment Description

1. What has been done so far to solve the problem? At the national level, the Tifa Foundation together with Yayasan Indonesia untuk Kemanusiaan have developed research and recommendations regarding resolving past gross human rights violations and fulfilling victims' rights, involving civil society, victims’ communities, and experts in the process namely through dialogues and discussions. The results will be advocated to the state and shared for public education. Additionally, at the local level in Aceh, Tifa Foundation has supported the efforts of KontraS Aceh in formulating standard procedures regarding recommendations for reparations, even though they are only internally binding for the Aceh TRC. KontraS Aceh and Tifa Foundation’s efforts contributed to the Aceh TRC’s findings in 2020, which was acknowledged by the Governor of Aceh through the Decree of the Governor of Aceh Number 330/1209/2020 regarding the Determination of Recipients of Urgent Reparations to Restore the Rights of Human Rights Violations Victims, establishing that 245 identified victims will receive reparations. However, these recommendations are yet to be well implemented due to the absence of regulations to conduct the reparation and to bind the related institutions in providing such reparation.

2. What solution are you proposing?

1. A policy paper on TRC from civil society to provide recommendations which can help the development of policies regarding efforts to resolve past gross human rights violations This policy paper will be prepared with the active involvement of victims and experts and from the results of discussions gathered at the national and regional levels (Aceh, Papua). It is hoped that this policy paper can serve as input for the contents of the RUU KKR and its supporting documents (such as the Academic Paper or “Naskah Akademik”) prepared by the government, especially by providing victims' perspectives and views from experts. Additionally, this policy paper also serves to educate the public regarding gross human rights violations that have occurred in the past.

2. RUU KKR Academic Paper from the Government The presence of a TRC law can become a basis for disclosing the truth about past gross human rights violations and fulfilling the right to truth for victims. The TRC’s work can also serve as an educational material for the public and state apparatus so that similar incidents will not reoccur in the future. The drafting of RUU KKR has gone through a series of discussions and will be included in the Regulatory Framework of the Government Work Plan (RKP) for 2023, but it does not have the supporting Academic Paper required for drafting and passing a Law. Therefore, this proposal encourages the preparation of the Academic Paper on the RUU KKR so that the process of drafting RUU KKR can proceed to a further stage. The drafting of the Academic Paper should be done with meaningful public involvement, especially from victims’ communities and civil society who are actively engaged in this issue.

3. What results do we want to achieve by implementing this commitment? 1. A policy paper on TRC from civil society as one of the basic ideas for the birth of a policy to resolve past gross human rights violations. 2. Drafting process of the Academic Paper for RUU KKR involving public participation.

Commitment Analysis

1. How will the commitment promote transparency? This commitment is relevant to the values of transparency because it encourages the establishment of truth-seeking mechanisms, which can be the basis for fulfilling victims' rights to truth and reparation. It can also help the public to learn the truth about Indonesia’s past and encourage institutional reform.

2. How will the commitment help foster accountability? This commitment helps foster the government’s accountability in providing human rights to its citizens, including human rights violation victims, and in making sure such violations do not reoccur in the future. This commitment also encourages the government to acknowledge that the past gross human rights violations occurred.

3. How will the commitment improve citizen participation in defining, implementing, and monitoring solutions? Citizen participation is encouraged through the active involvement of the community in providing input for the drafting of the RUU KKR. The CSOs that propose this proposal will gather input from the victim community, experts and other civil society to ensure that there is wider participation and perspective in the drafting process. In addition, Tifa Foundation, KontraS Aceh and Yayasan Indonesia untuk Kemanusiaan will conduct education and campaigns to reach the public, especially youth, to find out information about past incidents of violence and gross human rights violations.

Commitment Planning (Milestones | Expected Outputs | Expected Completion Date)

Policy paper on TRC from civil society as one of the basic ideas for the birth of a regulation to resolve past gross human rights violations. | Policy Paper regarding TRC to support drafting of RUU KKR and relevant documents | December 2023

Drafting of RUU KKR Academic Paper as part of the drafting process of a regulation to resolve past gross human rights violation. | Academic Paper (Naskah Akademik) for RUU KKR drafted with citizen participation | December 2024

Action Plan Review

Commitment 10. Drafting of the Truth and Reconciliation Commission draft law

• Verifiable: Yes
• Does it have an open government lens? Yes
• Potential for results: Modest