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