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Transitional Justice in Indonesia Since the Fall of Soeharto

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Transitional Justice in Indonesia Since the Fall of Soeharto DERAILED Transitional Justice in Indonesia Since the Fall of Soeharto Executive Summary and Recommendations A joint report by ICTJ and KontraS THIS INITIATIVE IS FUNDED THIS INITIATIVEINITIATIVE IS ISCO-FUNDED FUNDED BY THE EUROPEAN UNION BY THE EUROPEAN UNIOUNIONN CONTENTS Executive Summary Truth-seeking 4 Judicial Proceedings 5 Reparations 8 Security System Reform (SSR) 8 Recommendations on Transitional Justice The President 9 The Attorney General 9 The National Parliament 9 Political Parties 10 Local Parliaments and Governments in Aceh and Papua 10 The Judiciary 10 The National Judicial Commission 10 Komnas HAM 10 The Department of Defense and other Security Sector Institutions 11 The International Community 11 Acknowledgements ICTJ and KontraS would like to acknowledge the primary authors of this paper: Yati Andriyani, Ari Bassin, Chrisbiantoro, Tony Francis, Papang Hidayat, and Galuh Wandita. Significant contributions and editorial support were also provided by Haris Azhar, Daud Bereuh, Karen Campbell-Nelson, Ross Clarke, Matthew Easton, Indria Fernida, Usman Hamid, Carolyn Nash, Ali Nursahid, Sri Lestari Wahyuningroem and Dodi Yuniar. Research and publication costs for this paper were supported by the European Union. The contents of this document are the responsibility of ICTJ and KontraS, under no circumstances can they be regarded as reflecting the position of the European Union. About the International Center for Transitional Justice The International Center for Transitional Justice works to redress and prevent the most severe violations of human rights by confronting legacies of mass abuse. ICTJ seeks holistic solutions to promote accountability and create just and peaceful societies. About KontraS KontraS (Commission for the Disappeared and Victims of Violence) was established in 1998 by Indonesian human rights NGOs and student organizations in response to the increase in political violence and abductions committed toward the end of Soeharto’s authoritarian regime. KontraS is working toward a democracy based on people’s sovereignty, free from fear, oppression, violence, and human rights violations. To learn more, visit www.kontras.org. About EIDHR The European Instrument for Democracy and Human Rights (EIDHR) is an initiative by the European Commission that aims to promote human rights, democracy and conflict prevention in non-EU countries by providing financial support for activities supporting these goals. Executive Summary Executive Summary Executive eneral Soeharto resigned level inquiries took place. The National as president of Indonesia Human Rights Commission (Komnas in May 1998 after 32 years HAM) conducted an investigation into of authoritarian rule. This crimes against humanity in East Timor that Greport provides a review of transitional produced unprecedented findings, implicating justice mechanisms in the reform period senior members of the security forces. that followed. Known in Indonesia as Parliament agreed on a law establishing reformasi, the process began with a period a national Truth and Reconciliation of momentous change and hope that Commission (TRC), and a range of effective systems of accountability would be important new laws were drafted. established, but became compromised before stalling altogether. The second period (2001-06) was characterized by compromised mechanisms. Successive governments during the period While some significant legal changes were have established or provided legal bases for made and new mechanisms established, a number of commissions of inquiry, truth relevant laws were poorly implemented, and reconciliation commissions, an agency or not impletmented at all, and the new for the protection of victims and witnesses, permanent human rights courts, and ad hoc human rights courts for particular cases. Human rights protections have been inserted Despite all of these changes in relation to the in the national constitution, international ‘‘structures protecting human rights, in practice conventions ratified, a constitutional court established, and guaranteed seats in the progress has been consistently blocked by a deep, legislature for security forces eliminated. systemic unwillingness to uncover the truth Despite all of these changes in relation surrounding serious human rights violations and to the structures protecting human rights, to hold‘‘ those who are responsible accountable for in practice progress has been consistently blocked by a deep, systemic unwillingness their actions. to uncover the truth surrounding serious human rights violations and to hold those who are responsible accountable for their actions. This has blocked initiatives mechanisms became seriously compromised. to provide assistance and recognition to Attempted prosecutions failed, the victims and reform institutions in ways Constitutional Court struck down the TRC that would help prevent recurrence. It law, and official inquiries proved to be should be acknowledged that the number ineffective. of mass crimes committed has significantly dropped during this period. Still, a failure to The third period (2007-11) has been confront the truth and achieve accountability characterized by the return to the political contributes to low levels of trust in public stage of disgraced former members of institutions, the emergence of suspected the security forces and foot-dragging on perpetrators in powerful new roles, and accountability for mass crimes. The Attorney continued reports of serious violations General’s Office (AGO) has failed to bring a committed by state agents against civilians in number of important cases to trial. Several places such as Papua and Aceh. This failure pieces of important legislation, including also violates the Indonesian government’s those that establish national human rights international legal obligations. courts, require military actors to be tried in civilian courts, and establish regional TRCs in In the initial hopeful period of reformasi Aceh and Papua have not been implemented. or reform (1998-2000), a number of high- Emblematic cases, such as the murder of 3 Executive Summary Executive the human rights activist Munir Said Thalib led by a retired police officer—that also (Munir) while aboard an international flight, included an army major general. A military have demonstrated a continuing lack of tribunal eventually found seven soldiers will to address the involvement of state guilty, but only of mistreatment and battery. institutions in serious crimes against civilians. In 2002, Megawati established a team to investigate the religious violence in Maluku Taken individually, the many transitional that eventually claimed 5,000 lives, but never justice initiatives could be perceived as released the resulting report that might have legitimate efforts that faced unexpected shed light on the alleged role of the security difficulties, resulting in failure. However, forces in promoting the violence. Similarly as a whole, the series of successive failed a team composed of military, police, and mechanisms indicates systemic factors that government officials appointed to investigate undermine efforts to achieve truth and an incident in Tanah Runtuh, Poso, Central accountability for past crimes. This failure is Sulawesi, that took place in 2006, produced evident in all four areas under consideration no tangible result. This incident was part of a in this report: truth-seeking, judicial spate of violence that took place since 1998, proceedings, reparations, and security system resulting in thousands of deaths. reform (SSR). The passage of Law 26 of 2000 provided Komnas HAM with the power to conduct inquiries, determine whether crimes against Truth-seeking humanity or genocide were committed, and recommend investigation and prosecution to Reformasi began with dramatic achievements the AGO. However, in five major cases of that gave rise to hopes for an end to the long- mass violations in which such findings were standing impunity for mass human rights made, the AGO did nothing, claiming that violations. The team established to investigate the files were administratively incomplete the May 1998 violence that led to Soeharto’s (which Komnas HAM disputed). In addition, downfall conducted a credible inquiry and the AGO and Komnas HAM continue recommended prosecuting a number of to hold different views concerning the senior members of the security forces. In procedures to be followed for cases that the Aceh case another inquiry team, Komisi occurred before Law 26 passed. This has Independen Penyelidikan Tindak Kekerasan placed these cases in legal limbo, which has di Aceh continued for years without any serious effort (KPTKA) or by the government to resolve them. Independent Commission The National Commission on Violence for the Against Women (Komnas Perempuan) Investigation has conducted a number of studies into on Violence systematic rape and other violations in Aceh, committed against women in conflict reported that, areas. However, despite strong findings “the acts that government and military officials were of violence involved in widespread violations, not a single conducted by case of rape has been brought before the the military human rights courts. constituted a form of state The bilateral Indonesia–Timor-Leste violence. This Commission of Truth and Friendship that Communities and families means the violence was strongly perceived looked into the violations committed in East of victims commemorating by the people as ‘cultivated’ by the state to Timor in 1999 conducted a series
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