 89 The Dynamics of Human Rights Education in Indonesian Law Schools

R. Herlambang Perdana Wiratraman

he development of human rights education in higher education institutions in Indonesia has a contextual setting and its existence was influenced by internal Tdebates. During the authoritarian regime of Soeharto, human rights were taught as part of constitutional rights, and did not reflect international human rights law. Within that context, the name of the course was Hak-Hak Dasar or Fundamental Rights (known also as Constitutional Rights). The fundamental rights taught at that time were the rights provided under the Indonesian Constitution.

The 1945 Indonesian Constitution (Un- teaching of human rights during the Soeharto dang-Undang Dasar or UUD 1945) has three regime. There was dynamic, and at the same articles (Articles 27, 28, and 29) guaranteeing time challenging, discourse on human rights only four fundamental rights: (1) freedom of as- in the academe at that time, when the words sembly and association; (2) freedom of thought; “human rights” were considered very sensitive (3) right to work and right to life; (4) freedom and critical. This discourse was taking place at a of religion. The subsequent Indonesian Con- time when exacerbated, massive and systematic stitution of 1949 (Konstitusi Republik Indonesia human rights violations at various levels were Serikat or Konstitusi RIS) and the Indonesian occurring. The government extremely coopted Constitution of 1950 (Undang-Undang Dasar the universities making them unsurprisingly the Sementara or UUDS 1950) have a separate chap- transmitter of ideas that legitimized unpopular ter covering many more human rights. As stated policies against human rights, or perhaps made by Moh. Yamin, a law scholar and founder of them quiet enough about human rights viola- the Indonesian Constitution, the Konstitusi RIS tions. and UUDS 1950 were the only Constitutions The situation changed much after the fall of from among all constitutions in the world that Soeharto in 1998, when the euphoria of “refor- completely incorporated all human rights pro- masi” (reform agenda) progressively influenced vided by the Universal Declaration of Human the development of human rights course. Since Rights of 1948.1 In late 1950s, the process to then, democracy started to grow, freedom of amend UUDS 1950 was stopped by Soekarno speech and thought relatively advanced, and through a Presidential Decree issued on 5 July human rights issues became fascinating subjects 1959 and re-enacted UUD 1945 as the Indone- of discourse. This article examines how far has sian Constitution.2 university human rights course developed after Although UUD 1945 has limited fun- Soeharto stepped down in 1998, and how such damental rights provisions, it did not mean change brought new human rights course mod- that higher education institutions limited the els, teaching methodology, objective and process

89 90  HUMAN RIGHTS EDUCATION IN ASIAN SCHOOLS of evaluation, and substantive development of human rights courses adjusted to include the human rights education. The discussion in this ratified international human rights instruments. article is limited to the experience of law schools Thus, it seems that the human rights education in Indonesia. perspective of law schools is reactive to new legislations rather than pro-active in promoting human rights principles and the rights-based Perspectives and strategies of human approach perspective, regardless of whether or rights education not the government has ratified international human rights instruments. In the early development of the human A dynamic human rights education in higher rights course in Indonesian law schools, human education institutions in Indonesia depends rights were perceived more as constitutional much on the interest, innovation and other rights. The human rights course developed personal qualities and capacities of the human therefore in the context of constitutional rights rights lecturers. course development. Human rights taught by In the other words, the institutionalization the Constitutional Law Department under the of human rights education is not fully influ- constitutional rights course (and expectedly enced by the development of an institutional taught from a constitutional law perspective) (law school) perspective, but more likely from hardly had any reference to international human individual perspective. For instance, a lecturer rights law. The course focused on the history who has women studies background would have of rights, philosophical foundation of human deeper perspective on women’s rights issues, rights, and the relationship between the state, including related human rights standards and people and human rights under the national mechanisms. legal framework. Fundamental rights in this The relevant question in this context is, how context were related to the fundamental law, do they integrate various individual perspectives the Constitution, which both the government into human rights education? The experience in and people should respect as the highest law and the Faculty of Law, Airlangga University gives social contract in a particular country. an example in integrating diverse backgrounds Subsequently, the human rights courses and skills. From a higher education institution in law schools incorporated the international point of view, human rights are taught as part human rights instruments subsequent to their of “soft skills education” that promotes hu- ratification to become part of the national legal man dignity, respect for difference, and human system. For instance, Indonesia has ratified six rights culture. Human rights are also taught as international human rights instruments: (i) values that support the realization not only of Convention on the Elimination of All Forms the teaching or education mission, but also the of Discrimination Against Women [CEDAW] “public servant mission”3 of higher education (1984); (ii) Convention on the Rights of institutions in Indonesia. Human rights educa- the Child [CRC] (1990); (iii) Convention tion has become a responsibility mandated to all Against Torture and Other Cruel, Inhuman or law educators in the university, regardless of the Degrading Treatment or Punishment [CAT] academic field of the people giving the course. (1998); (iv) Convention on the Elimination Because of this public servant mission, the of All Forms of Racial Discrimination [CERD] human rights course at the university level can (1999); (v) International Covenant on Eco- be linked to real issues in society and can directly nomic, Social and Cultural Rights [ICESCR] respond to these problems. In this case, human (2005); and (vi) International Covenant on rights can be understood not only as a course Civil and Political Rights [ICCPR] (2005). The or program offered by law schools, but also as The Dynamics of Human Rights Education in Indonesian Law Schools  91 the “soft skills approach” of law educators. This Surabaya (Ubaya) teach “Law and Human perspective on the role of educators is perhaps Rights” course. The Airlangga University too optimistic and paradoxical. Consistent offers “Human Rights” course (without the teaching of human rights is questionable in the word ‘Law’), and previously offered “Law and context of several other courses (such as those Human Rights” and “Fundamental Rights” on Manpower Law, Investment Law, Intellec- courses. Actually, the current Indonesian School tual Property Rights, and Business Law) whose of Law Conference recommends the teaching content may conflict with human rights because of “Human Rights” course, without the word of the neo-liberal paradigm that support their ‘Law’.4 teaching in Indonesia. The status and course requirement of the Viewing human rights as legal issues under human rights course are also varied. In the the prevailing perspective of law schools does University of Jember, the status of “Law and not mean that all law educators are fully aware Human Rights” course is Wajib Umum (General of the human rights situations involved. As the Compulsory course), and the students should mainstream school of thought in Indonesian first pass “International Law” and “Constitu- law schools, positivist thought views human tional Law” as course requirements in studying rights as legal rights and simplifies the problem “Law and Human Rights.” This is due to the of rights protection generally. And this meant difficulty of studying international law (cover- that social, economic, political and cultural ing international criminal law, humanitarian law, structures of society are not necessarily discussed and United Nation systems) under the “Law in relation to human rights. Nevertheless, the and Human Rights” course unless students development of human rights course in higher have previously studied “International Law” education institutions should be appreciated and “Constitutional Law.” for causing a better academic environment than In other universities, such as Airlangga during the Soeharto regime in terms of human University, University of Surabaya, Brawijaya rights promotion and development. University and University of Muhamdiyah Yog- yakarta, the status of “Law and Human Rights” course is Wajib Nasional (National Compulsory Curriculum and methodology development course), which means that all law schools should have “Law and Human Rights” course in the Although the human rights course in first year curriculum. Perhaps, the differences higher education institutions is mostly taught in the status and requirements of the human as a law-based subject and mostly found in law rights course do not have much significance school curriculums, there is still diversity in because both Wajib Umum and Wajib Nasional the curriculums and teaching methodologies have similar consequences, requirement for involved. For instance, international human law students to take “Law and Human Rights” rights law is certainly a law course addressing the (or “Human Rights” in the case of Airlangga UN Charter, Universal Declaration of Human University) as compulsory course. Rights, and other international human rights Similarity in status does not mean similar- instruments. Yet the course on international ity in syllabuses and teaching methodologies. human rights law is not always offered as part The specific characteristics of the course are of the law school curriculum. influenced by the faculty policy. For instance, Uniquely, the name of the human rights in the University of Muhamdiyah Yogyakarta, course is also diverse. The University of Jember, one of the largest Islamic university networks in Brawijaya University, University of Muhama- Indonesia, the “Law and Human Rights” course diyah Yogyakarta (UMY), and University of involves discussion of its relationship with law 92  HUMAN RIGHTS EDUCATION IN ASIAN SCHOOLS and its comparison with Islamic perspectives man rights, lecture is mainly used in the form on human rights. This is due to an objective of of speeches, presentations, and discussions. the course of promoting human rights as part There is limited use of participatory teach- of the university’s religious mandate. The uni- ing methods. In Airlangga University, beside versity also has a “Humanitarian Law” course presentation and discussion, the human rights that is closely related to human rights, and has course employs participatory methods such as the status of Pilihan Pengembangan Minat (Op- individual presentations by students, role play, tional Course to Develop Student Interest) in case studies, video presentation, and interactive the International Law Department. communication in understanding sensitive or Different from the University of Muhama- critical issues in human rights. The objective of diyah Yogyakarta is the “Law and Human these methods is not only to introduce human Rights” syllabuses in the University of Jember, rights, but also to build the character of law which are designed to complement the courses students in order to promote human rights in on “Constitutional Law” and “International the wider society. Law.” “Humanitarian Law” in this university Actually the human rights program can be is taught in one class as part of the “Law and enlarged through various ways, such as by cre- Human Rights” course. This means that there ating moot court as an extracurricular course, is no specific course on, and less space and time internship in human rights centers or legal aid for teaching, “Humanitarian Law.”5 offices, and attending human-rights-related Usually, law schools teach human rights seminars, workshops, or conferences. In the as part of the introductory course in studying context of Indonesia, these extracurricular law, because of the strong, natural relationship courses can easily be done to be able to teach between law and human rights. The syllabus human rights. One of the challenges in promot- for this course has the following items:6 (i) ing the teaching of human rights in higher level Principles of human rights; (ii) Philosophical of education is the establishment of human foundation of rights; (iii) Concepts of human rights course at masters level. So far, in the rights; (iv) Fundamental rights and the Consti- Asian region, there are only three universities tution; (v) History of human rights (law); (vi) which have international masters program on Human rights, rule of law and democracy; (vii) human rights: (i) MA Human Rights Program International human rights law 1 [civil and po- in Mahidol University (Thailand); (ii) LL.M In- litical rights]; (viii) International human rights ternational Human Rights Law in Hong Kong law 2 [economic, social and cultural rights]; (ix) University (Hong Kong); and (iii) MA Human National human rights law; (x) Role of the state Rights Program in University of Calcutta (In- and non-state actors in human rights; (xi) State dia). Several Indonesian universities are already responsibility in human rights; (xii) Human starting to develop Women Studies Program rights mechanisms; (xiii) Most serious crimes; at masters level, such as in the University of and (xiv) Human rights in current situation. Indonesia (Jakarta). Under the Women Stud- The supplementary course on human rights ies Program, many human rights issues related also differs from one university to another. In to rights protection for women and children Brawijaya University, the human rights course is are included. Based on this experience, the role complemented by several closely related courses of Women Studies Center in each university, such as Law and Gender.7 In the University of including Human Rights Studies Center, is Surabaya, the course on Law and Child Protec- important and significant to initiate and develop tion is one of the supporting courses for human masters or other higher level programs.9 rights.8 Concerning teaching methodologies in hu- The Dynamics of Human Rights Education in Indonesian Law Schools  93

Human rights center and the law school The Minister of Law and Human Rights and the Rector of Islamic University of Indonesia Human rights centers play an important and signed the memorandum on 7 April 2000. significant role in initiating and developing the On the other hand, the Letter of Agreement human rights program at graduate and higher (MOU.01/meneg/HAM/04/2000 underline levels. In this section I examine the role of the 381/B.1/IV/2000) between Airlangga Univer- human rights centers in the human rights course sity and the Ministry was signed on 2 November of law schools. 2000 to establish PUSHAM Unair, after hold- The human rights (studies) center, better ing a human rights workshop.11 known as Pusat Studi Hak-Hak Asasi Manusia PAHAM Unpad was established under the (PUSHAM), is established to promote human law school (faculty-level) program. Because of rights in higher education institutions and this, most of staff members involved are lawyers implement the university mandate on public or law scholars. PUSHAMs have the opportu- service. There are many PUSHAMs attached to nity of helping strengthen the law on human universities or university faculties in Indonesia, rights through their human rights law course, but not all of them significantly support the hu- and of helping in the easier understanding of man rights movement. There are several famous the complexity of human rights standards and PUSHAMs in Indonesia:10 (i) PAHAM Unpad mechanisms. PUSHAMs based in law schools (Faculty of Law, Padjadjaran University); (ii) also provide the law students with “law labora- PUSHAM UII (Islamic University of Indo- tory” in support of or supplementary to the ex- nesia); (iii) PUSHAM Ubaya (University of tracurricular Law and Human Rights course. Surabaya) and (iv) PUSHAM Unair (Airlangga Both multidisciplinary model and law University). laboratory model have particular strengths and The PUSHAMs were established in these weaknesses. Integrating human rights in vari- four universities in diverse ways. PUSHAM ous ways into the different courses minimizes UII, Unair and Ubaya were established as the weakness of the multidisciplinary model, university-level programs, and they are influ- and by having the support of the PUSHAMs enced by the diverse backgrounds of lecturers it becomes interdisciplinary laboratory model. involved in the centers. Most of them are not PUSHAM Ubaya, for instance, according to its lawyers or law lecturers, but political scientists, Director, will incorporate human rights course anthropologists, social scientists, and social into all disciplines, not only in the law course, workers. They employ the multidisciplinary and they have been preparing a curriculum for approach and involve various fields of expertise. it.12 PUSHAM UII also supported law lecturers From this point of view, the multidisciplinary in improving their knowledge of human rights approach is more useful in understanding the law through annual training activities. Also, complexity of human rights, and practically the Human Rights Law Studies (Pusat Kajian makes the dissemination of human rights to Hukum HAM), the new institution established various faculties easier. under the Constitutional Law Department The establishment of these PUSHAMs was (faculty level) of Airlangga University, although also partially supported by Ministry of Law mostly supported by law scholars, has been and Human Rights. The Center for Human involving people with various backgrounds in Rights Studies of the Islamic University of implementing and improving its programs. Indonesia (PUSHAM UII) based in Yogjakarta In this context, the establishment of hu- for example was founded through a Memoran- man rights (law) laboratory using the inter- dum of Understanding between the university disciplinary approach is one of the challenges and the Ministry of Law and Human Rights. of the PUSHAMs of Indonesia. Significantly, 94  HUMAN RIGHTS EDUCATION IN ASIAN SCHOOLS a number of PUSHAMs are well-connected Higher education institutions, including or networked in support of the human rights PUSHAMs, can support RANHAM by pro- struggle. This is a good development in the moting human rights through joint training process of improving the human rights situation of trainers programs, research collaboration, in the post-authoritarian Indonesia. policy advocacy, and disseminating human rights through formal or non-formal education. As observed by PUSHAM Ubaya, the imple- RANHAM, the challenges for law schools mentation of RANHAM has not been well- coordinated among government institutions, The adoption of National Action Plan for including universities. It created unfortunately Human Rights (RANHAM) is not new to much mis-communication and distrust among the Indonesian government. The government Committee members.14 has been adopting action plans since the fall of Unsurprisingly many human rights activists, Soeharto in 1998, and re-planned them every members of Komnas HAM and academics often five years. The current RANHAM was adopted question the activities for RANHAM. In this through Presidential Decree Number 40/2004 context, the higher education institutions, par- (2004-2009). The appointment of members ticularly law schools, can contribute significantly of a National Committee (Committee) that is to the implementation of RANHAM. They can directly responsible to the President was the first help in harmonizing district regulations, and step in implementing RANHAM 2004-2009. disseminating human rights principles, norms The Committee has the responsibility of coor- and standards to local organizations as part of dinating RANHAM activities, including:13 the implementation of RANHAM at the re- a. establishment and strengthening of RAN- gional or district level. They can also force the HAM institution implementation of RANHAM by monitoring, b. Preparation for the ratification of interna- evaluating and reporting it to the Committee. tional human rights instruments These activities can be initiated not only by c. Preparation for the harmonization of leg- PUSHAMs but also by academics who are islations with international human rights concerned with human rights. standards d. Dissemination and education on human rights Conclusion e. Application of human rights norms and standards The initiatives discussed above will not de- f. Monitoring, evaluating and reporting on velop further without the support of the higher human rights situations. education institutions. Financial assistance, for example, is a big problem for PUSHAMs and It has the main duty of securing the imple- for the development of human rights study pro- mentation of RANHAM at the regional and grams at law schools. They still depend much on district levels and coordinating the RANHAM the government or foreign donor institutions. program and activities at the regional level. The government and foreign donor institu- The Committee has a working group tions unfortunately usually have a systematic consisting of representatives of government scheme in designing their own agendas, which institutions, national institutions (related to are non-negotiable frameworks. The issues of human rights such as the National Commission good governance, access to justice, and poverty for Human Rights [Komnas HAM], women’s reduction strategy programs are common issues commission), expert groups, and civil society. designed by most donor institutions. These is- The Dynamics of Human Rights Education in Indonesian Law Schools  95 sues, as part of hegemony strategies, became the Johan Erwin Ishariyanto (University of Muhamadiyah content of the mainstream discourse on human Yogyakarta), 15 May 2007. 5 rights in Indonesia, in support of the donor Interview with Gautama Arundhati (University of Jember), 14 and 17 May 2007. institutions’ funding support conditionality in 6 These sample syllabus contents are based on favor of market liberalization. In the context the human rights courses in Airlangga University of Indonesia, the World Bank, Asian Devel- (Surabaya) and Brawijaya University (Malang), which opment Bank, European Union, and USAID both introduced the courses under the Constitutional are the most influential donor institutions in Law Department. 7 configuring what we call “human rights market Interview with Ibnu Tricahyo (Brawijaya Univer- sity), 15 May 2007. assistance.” 8 Interview with Yoan Nursari Simanjuntak (Uni- “Human rights market assistance” has versity of Surabaya), 16 May 2007. become a politico-legal imposition which tre- 9 Many universities have at least a PUSHAM, while mendously drives the legal framework in Indo- several universities have both Women Studies Center and nesia. This situation has become the backdrop PUSHAM such as the University of Surabaya, Airlangga for the enactment several political economy University and Brawijaya University. 10 legislations which strongly direct law reform Being “famous” in this context is seen from their role in actively and progressively promoting human agendas, such as the Law on Water Resource rights through various activities, and being well-known (2004), Labor Law (2003), and the Law on among most human rights activists. My interview with Industrial Relations Dispute Resolution (2004). several non-governmental organizations (NGOs) in These legislations are examples of explicitly Jakarta identifies the four PUSHAMs for frequently legal basis for human rights violation, or well cooperating and linking with not only NGOs but also known as “legalized violation of human rights.” Komnas HAM and the government (Ministry of Law and Human Rights). Whether we like it or not, the current situation 11 PUSHAM Unair has the mandate of promoting came about because of dependency on donor “human rights awareness in society and struggling [to programs, which seem to influence the study develop] state policy that [is] more committed [to] real- of human rights. izing human rights through [scientific] studies.” Profes- This legal imposition paradigm is a challenge sor Soetandyo Wignyosoebroto, MPA (Commissioner to law schools and PUSHAMs in transform- of KOMNAS HAM/National Commission for Human ing and promoting human rights values in Rights) and Hafid Abbas (Deputy II, Ministry of Hu- man Rights Affairs) attended the workshop. Indonesia. 12 Interview with Yoan Nursari Simanjuntak (Uni- versity of Surabaya), 16 May 2007. 13 Edited version of the original text of RANHAM Endnotes 2004-2009. 14 Interview with Yoan Nursari Simanjuntak (Uni- 1 See Koentjoro Poerbopranoto, Hak-Hak Manusia versity of Surabaya), 17 April 2007. dan Pancasila Dasar Negara Republik Indonesia. Jakarta: J.B. Wolters, 1953, page 92. 2 In this context, Soekarno also introduced “guided democracy” as new political model for the Indonesian revolution and democracy. “Guided democracy” is practically another word for “softened” authoritarian model. 3 The university missions in Indonesia, known as Tri Dharma Perguruan Tinggi, are (i) educational mission; (ii) research mission; and (iii) public servant mission. 4 Interview with Iwan Satriawan (Assistant Dean of the University of Muhamadiyah Yogyakarta) and