Go to:  Background | ICTJ Activity | Resources

More than a decade since reformation in 1998, Indonesia continues to grapple with a legacy of abuse and authoritarianism. ICTJ’s engagement in Indonesia commenced in 2002 as the country began to consider how to address the history of crimes committed by the past regime.  By 2007, ICTJ established a country program to support civil society and official efforts against impunity and to develop a long-term strategy for truth and justice.

Background

Soeharto’s New Order regime (1965–1998) was characterized by violent conflicts and wide-spread repression, including systematic abuse in Timor-Leste, Aceh, and Papua. In order to retain power, the regime maintained a weak parliament and judiciary, corruptible authorities at all levels and an economic system designed to enrich Soeharto’s family and cronies.

Amid a deepening financial crisis, Soeharto stepped down in May 1998. In the early years of reformation, Indonesia took major steps in the areas of democratization and human rights, including introducing human rights protections into its constitution, giving Timor-Leste the choice to decide its national status, setting up a Human Rights Court with jurisdiction on crimes against humanity and genocide and granting special autonomous status to Papua and Aceh.

Despite these advances, addressing Indonesia's legacy of abuse continues to be a daunting task. Official mechanisms established by the government remain weak in their ability to deliver justice. To date, trials held by Indonesia’s Human Rights and Ad Hoc Court have resulted in 100 percent acquittal of all accused, with 32 persons tried and acquitted or their convictions overturned on appeal.

In 2005, the governments of Indonesia and Timor-Leste established a bi-lateral truth commission for crimes committed in 1999, known as the Commission for Truth and Friendship (CTF). The CTF has been widely criticized for its power to recommend amnesty and rehabilitate those “wrongly accused.” Despite its weak performance in facilitating public hearings, the CTF produced strong findings on the role of Indonesian security forces in committing crimes against humanity in Timor-Leste in 1999.

In December 2006, the Constitutional Court annulled a law that established a Truth and Reconciliation Commission (TRC) which was mandated to clarify abuses committed before 2000 and to determine amnesties and reparations. The law contained several critical problems, including the possibility of amnesty for perpetrators of serious crimes, the provision that cases brought before the TRC could not be prosecuted in court, and that victims would only receive compensation if “their” perpetrator was given amnesty. The court annulled the entire law after group of human rights NGOS and victims’ representatives launched a judicial review, asking for these provisions to be struck down as they violated victims’ constitutional right to remedy.

The Indonesian government is currently in the process of drafting a new TRC law. Although civil society and victims groups have been consulted in the process, the draft law still contains weaknesses, including lack of public participation in the selection of commissioners, the absence of a coherent strategy to ensure victims’ rights to reparation, lack of gender sensitivity, measures to ensure the commission’s independence and special measures to facilitate a relationship with independent local truth commissions in Aceh and Papua, as mandated by the existing special autonomy laws.

Back to top

ICTJ Activity

ICTJ continues to support the debate on transitional justice and strengthen civil society’s contribution to ensure accountability for past crimes. This includes providing comparative knowledge on establishing national, local, and civil society-led truth commissions, debating the design of reparations and victim rehabilitation programs and engaging national human rights institutions in adopting a transitional justice perspective in their work.

Truth and Memory

ICTJ facilitates trainings and workshops to strengthen civil society engagement in designing truth-seeking initiatives at local and national levels. The Center participates in various NGO network working to promote accountability at local and national levels. Together with these networks, ICTJ has provided detailed comments on draft legislation for local and national truth commissions.  ICTJ also provided technical assistance to civil society groups engaged in documentation initiatives, as well as provided comparative examples on memory projects conducted by victims and civil society groups around the world.

Reparations and Victims Rehabilitation

ICTJ has conducted groundbreaking work to introduce lessons learned in designing and implementing reparations programs for Indonesia.  In conjunction with working groups on reparations established by civil society groups, ICTJ has participated in and supported focus group discussions resulting in a policy paper for reparations. Together with the Healing of Memory Institute (South Africa), ICTJ conducted a training for facilitators working with victims to address their trauma and healing needs.

Assisting National Human Rights Mechanisms

ICTJ continues to engage official human rights institutions. ICTJ assisted inquiries into gender-based violations conducted by the Indonesia’s National Commission on Violence Against Women.  ICTJ also participates in a NGO coalition assisting the National Human Rights Commission to acknowledge mass violations of the past, refer cases for prosecutions and develop policies for reparations.

Capacity Building and Dialog on Transitional Justice

ICTJ continues to support opportunities for partners to attend international and regional events on transitional justice. Since 2009, ICTJ Indonesia has held an annual transitional justice course with participants from government agencies, civil society and victims groups. ICTJ also conducts research and produces public education materials on transitional justice in Bahasa Indonesia.

Back to top

(Updated August 2010)