House passes truth, reconciliation bill
House passes truth, reconciliation bill
Kurniawan Hari, The Jakarta Post, Jakarta
Defying criticism from human rights activists and victims of
rights abuses, the House of Representatives unanimously endorsed
the bill for the Truth and Reconciliation Commission on Tuesday.
The 21-strong commission must be formed no later than six
months after the bill is signed into law by the president. Under
the amended Constitution, a law will still become effective one
month after being approved by the House if the president refuses
to sign it.
Attorney General M.A. Rachman, who is also the interim
minister of justice and human rights, said the government would
carry out the process of recruiting commission members in
coordination with the House.
"The selection process will be transparent," he said during a
plenary meeting presided over by House deputy speaker Muhaimin
Iskandar to endorse the bill.
The commission will be authorized to investigate and explain
gross human rights violations before making recommendations to
the president for abusers to receive amnesty and rehabilitation
for their victims.
Judilhery Justam, from the New Order Watch Committee,
criticized Article 27 of the bill which states that
rehabilitation or compensation for human rights victims could be
given only if the perpetrators are pardoned by the president.
Article 29 (3) says that if perpetrators of human right abuses
deny wrongdoing and refuse to ask for forgiveness, they would not
get amnesty and could be tried in a human rights trial.
"This is totally unfair. Under this stipulation, victims will
not get rehabilitation if human rights violators deny any
wrongdoing," Judilhery told The Jakarta Post.
Earlier, the Institute for Policy Research and Advocacy
(ELSAM) director Ifdal Kasim said the bill favored the abusers
instead of helping the victims to find justice.
Judilhery said that only a few cases could be brought to the
commission due to the narrow definition of gross human rights
violations.
It is likely that the 1999 Semanggi killings and the May riots
in 1998 will be classified as rights cases.
Several victims of Soeharto's iron-fist regime that ended in
1998 witnessed Tuesday's plenary meeting at the House. They
included those who had been jailed without trial after being
accused of involvement in the 1965 non-coup d'etat that was
blamed on the Indonesian Communist Party (PKI).
They were noted figures like Margondo Hartono, Supardi Atmo,
Ismanto and Achmad Soebanto, who are now senior citizens. They
were released from prison in 1979 but never had all their rights
as citizens restored, including to vote.
"We still get no retirement compensation and our children
cannot join the Armed Forces," Margondo told the Post on the
sidelines of the meeting.
Key Articles of the bill
- Article 27: Compensation and rehabilitation can be given (to
victims) if the President grants amnesty (to perpetrators).
- Article 28: In a situation where perpetrators and victims
forgive each another, the commission can recommend that the
President pardon the perpetrators.
- Article 29 (1): If perpetrators and victims forgive one
another, a recommendation for amnesty must be issued.
- Article 29 (2): If perpetrators admit wrongdoing and ask for
forgiveness, but victims or their relatives refuse to forgive
them, the commission can make a recommendation.
- Article 29 (3): If perpetrators deny wrongdoing and refuse to
ask for forgiveness, they lose a chance to get amnesty and will
be sent to an ad hoc human rights trial.
Source: The Truth and Reconciliation Commission bill