Bagaimanakah Upaya Pemerintah Menindaklanjuti 12 Kasus Pelanggaran HAM Berat?

Summary

In this video, Indonesian Coordinating Minister for Political, Legal, and Security Affairs, Mahfud MD, discusses the government's efforts to address past severe human rights violations through both judicial and non-judicial means. Mahfud clarifies that judicial processes remain in place, but many past cases have failed due to lack of evidence. The newly established non-judicial team aims to rehabilitate victims' rights, including political, economic, and social restitution. The government has received international praise for these efforts, though criticism persists, which Mahfud acknowledges as part of the process.

Takeaways

• 🔔 The Non-Judicial Settlement Team for past human rights violations does not eliminate judicial resolution avenues.
• 🛑 All cases of gross human rights violations can be processed through judicial courts or ad hoc human rights tribunals, but those before the year 2000 need approval from the DPR.
• 🙏 Mahfud MD expressed gratitude to those supporting the government’s formation of a non-judicial team for resolving past human rights violations.
• 🤝 Mahfud acknowledged criticism but emphasized that the government had anticipated it, viewing criticism as constructive input.
• 💬 President Joko Widodo expressed deep sympathy for the victims of past human rights violations and assured efforts to prevent future incidents.
• ⚖️ The government is committed to restoring the rights of victims and ensuring such human rights violations do not occur again.
• 🏛️ While judicial processes for past violations have largely failed, the government is focusing on victims through non-judicial means, such as rehabilitation and restitution.
• 🌍 The UN recently commended Indonesia's efforts to address human rights violations through non-judicial processes, marking a significant step forward after decades of failure.
• 🔧 Rehabilitation includes mental, economic, and political restitution for victims, with plans for rebuilding affected communities and ensuring survivors receive rightful benefits.
• 📝 The focus of the government’s efforts is on victims and families, not perpetrators, with 12 possible forms of compensation, including those related to 1965 PKI-related events.

Q & A

What is the main role of the Non-Judicial Team for Resolving Past Gross Human Rights Violations?

The Non-Judicial Team for Resolving Past Gross Human Rights Violations aims to address and rehabilitate the rights of victims of past human rights violations without replacing the judicial process. It focuses on acknowledging the violations and providing remedies for the victims.

What does Mahfud MD say about the possibility of prosecuting gross human rights violations through the judiciary?

Mahfud MD emphasizes that gross human rights violations can still be processed through the judiciary, but it is difficult due to the lack of evidence and the requirement for DPR approval for cases before 2000. Many attempts to prosecute these cases have failed.

Why does Mahfud MD thank the critics of the non-judicial resolution efforts?

Mahfud MD acknowledges the criticism as constructive, referring to it as 'vitamins,' and stresses that the government had anticipated such feedback. He believes that criticism helps improve the process and is a healthy part of democratic discourse.

How has the United Nations responded to Indonesia’s non-judicial efforts to resolve past human rights violations?

Mahfud MD mentions that the United Nations has expressed appreciation for Indonesia’s efforts, recognizing it as a positive step forward after many years of failed attempts to address these issues.

What types of rehabilitation and compensation are offered to victims of past human rights violations?

The government offers various forms of compensation, including restitution for dismissed workers, financial assistance, the restoration of political rights, and rebuilding damaged communities. For example, families of those wrongfully accused of witchcraft and killed in Banyuwangi will receive aid.

How does the government plan to address the human rights violations of 1965?

The government intends to focus on victims from various backgrounds affected by the 1965 events, including those who were wrongfully accused of being communists (PKI) as well as Islamic groups that suffered during that time. Compensation and rehabilitation will be offered to all victims, regardless of political affiliation.

Why were past judicial efforts to address human rights violations unsuccessful?

According to Mahfud MD, past judicial efforts failed primarily due to a lack of evidence, as many incidents occurred too long ago to gather concrete proof. In some cases, like the prosecution of 30 suspects, all were acquitted due to insufficient evidence.

How does the government plan to handle human rights violations that occurred after the year 2000?

Mahfud MD indicates that post-2000 cases, like the Wamena and Wasior incidents, are easier to address because the evidence is more recent. These cases are prioritized as they still have procedural possibilities for resolution.

What are the challenges in prosecuting older human rights violations?

The main challenge in prosecuting older cases is the lack of available evidence. Mahfud MD notes that witnesses, physical evidence, and documents have often been lost or degraded over time, making it hard to pursue these cases in court.

What is the government's approach to focusing on victims rather than perpetrators?

The government's current approach emphasizes rehabilitating the victims of human rights violations rather than prosecuting the perpetrators. The focus is on compensating the victims for their suffering, restoring their rights, and providing financial and social support.