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Outgoing lawmakers agree on qualifying period for reconciliation

| Source: JP

Outgoing lawmakers agree on qualifying period for reconciliation

Kurniawan Hari, The Jakarta Post/Jakarta

Resolution of all cases of human rights abuse via the planned
truth and reconciliation commission will cover a long period
between Independence Day in 1945 and 2000, lawmakers have agreed.

Sofwan Chudorie, deputy chairman of the House committee
deliberating the bill on truth and reconciliation, said on
Thursday the agreement was reached unanimously.

"After much debate, we finally agreed that all cases of human
rights violations that occurred after the declaration of
independence could be brought before the truth and reconciliation
commission for resolution," said Sofwan after a closed-door
session.

In a hearing with the House committee last month, Indonesian
Military (TNI) Commander Gen. Endriartono Sutarto suggested that
the bill on the truth and reconciliation commission, if enacted,
comply with the universal principle of non-retroactivity.

A number of TNI officers recently stood trial for their
alleged role in human rights abuses in the past, but most were
acquitted due to lack of evidence.

The bill on the truth and reconciliation commission was
designed to settle human rights violations that occurred before
the enactment of Law No. 26/2000 on a human rights tribunal.

Sofwan said the reconciliation commission would have the power
to decide whether to accept or reject requests to settle alleged
human rights abuses.

Decisions will be made after the commission has heard the
testimony of witnesses and victims, and has assessed the impact
of alleged human rights violations.

Sofwan, who represents the National Awakening Party (PKB),
said the House committee also agreed that the commission would
consist of 21 members.

"They will be divided into three subcommissions that deal
respectively with investigation, compensation and amnesty," he
said.

The subcommission for investigation and clarification will
comprise nine members, the subcommission for compensation,
restitution and rehabilitation five, and the subcommission for
amnesty four members.

The remaining three members will hold the chairmanship and
deputy chief posts, he said.

Sofwan added that the lawmakers also agreed that the
commission members would serve for three years with a possible
extension of term to four years. Each member would be able to
serve for a maximum of seven years.

Fellow legislator M. Akil Mochtar of the Golkar Party,
meanwhile, said the bill did not define adequately "perpetrators
of human rights abuses".

"Such a situation will only hamper proper implementation of
the law," Akil said.

In previous hearings, analysts expressed fears that the truth
and reconciliation commission could be misused to clear certain
military officers of human rights abuses.

Separately, a group of victims of human rights abuses and
their relatives rallied to oppose the bill, saying the draft law
would establish the truth commission but fail to provide fair
resolution of human rights abuses.

Incidents that could be brought before a truth commission
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- Indonesian Communist Party (PKI) coup attempt, 1948
- South Maluku Republic (RMS) rebellion 1950
- PRRI/Permesta rebellion in South Sulawesi 1958
- DI/TII rebellion 1949-1962
- Tanjung Priok, Jakarta, shooting incident, 1984
- Talangsari, Lampung, clash, 1989
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