Edition 14: Jokowi's Plans to Settle Human Rights Abuses
Jokowi's Plans to Settle Human Rights Abuses
Source: Fairfax
On Wednesday August 17, Indonesian President Joko Widodo signed an executive order to form a special team to resolve human rights cases in a non-judicial manner, a decision that has sparked outcry among activists.
So far, 13 cases of unresolved gross human rights violations have been set for investigation. It is the first time that a specific number has been revealed by the government, though no further detail were provided on those cases.
Nine of the cases took place before the year 2000, particularly during the New Order government under President Suharto. Notable violations include the anti-communist killings of 1965–1966 with an estimate of around 500,000 deaths and the murder of Munir Said Thalib, a prominent human rights activist in 2004.
Activists from the Civil Society Coalition said that the formation of the team and the resolving of human rights cases outside of the courts may lead to the perpetrators of past human rights abuses, mainly within the military, being absolved of justice.
Representatives from Amnesty International Indonesia and Setara Institute for Democracy and Peace were in agreement, asserting that the government’s preference of non-judicial mechanisms shows the state’s wishes to wash its hands of controversy and how it is unwilling to bring perpetrators to justice.
However, Jaleswari Pramowardhani from the Presidential Staff Office said that the government would still continue judicially pursuing and investigating past severe human rights violations, with non-judicial mechanisms acting merely as a complement to judicial proceedings.
According to the government, the non-judicial mechanism would allow for restorative justice, meaning that efforts will be made in terms of truth-finding and reparations.
Knowing that some alleged perpetrators have been judged as not guilty, this mechanism can also be used to revisit past cases. This is less likely to happen in a judicial mechanism due to the non-bis in idem principle that no legal action can be instituted twice for the same cause of action.
In 2014, Joko Widodo made resolving past human rights abuses a top priority of his administration, but little progress has been made in the past two terms, according to a board member of the independent Commission for the Disappeared and Victims of Violence (KontraS).
Researchers Katharine McGregor and Ken Setiawan from the University of Melbourne summed Jokowi’s initiatives up as a way to shift support away from international justice to a more “Indonesian” justice. They argue that culture is used to shield perpetrators from accountability and to ignore victims’ demands.
While the government’s plan to resolve past mistakes have been called into question, current members of the law enforcement and the military are also still embroiled in alleged human rights violations of their own, including the death of a transgender tourist in custody in Bali, the usage of mortar shells to bomb villages in Papua, and the murder of Brigadier J.
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What Is Up, Indonesia?
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🏛️ Society & Culture
Trans Harvard Student and Activist Died in Indonesian Police Custody: Rodrigo Ventocilla, a Peruvian trans rights activist, died in police custody in Bali while he was on honeymoon. Local police denied wrongdoing, saying that he had died due to a drug overdose in custody.
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What We're Reading
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Indonesia's COVID-19 Recovery Plan Relies on Dirty Energy: “Indonesia’s strong dependence on fossil fuels has long hindered the growth of clean energy. Before the COVID-19 crisis, more than 90% of Indonesia’s total energy demand was supplied by fossil fuels, with coal use rising much faster than any other energy source.” - Denny Gunawan (The Conversation)
WIUI Recommends
Source: International Documentary Association
The Act of Killing | Jagal (Documentary, Directed by Joshua Oppenheimer)
Following the heavy theme of human rights in our headliner this week, we would like to recommend this documentary film on the individuals who participated in the Indonesian mass killings against communists in 1965–1966. It won various awards and was nominated for Best Documentary Feature at the 86th Oscars. It is a sobering film dealing with the realities of the lives of both perpetrators and victims 50 years on. A must watch to anyone who wants to learn more about Indonesia’s difficult and terrifying past.
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