Questioning The Truth And Reconciliation Commission Which Will Be Revived

JAKARTA - The Coordinating Minister for Political, Legal and Security Affairs (Menkopolhukam) Mahfud MD said he would turn on the Truth and Reconciliation Commission (KKR) to resolve cases of gross human rights violations, especially in the past.

The commission regulated in Law (UU) Number 27 of 2004 is actually not new. Because in 2006, the Constitutional Court (MK) has canceled the law. At that time, in the hands of the Chief Justice of the Constitutional Court, Jimly Asshidiqie, the KKR Law was canceled because it was deemed inconsistent, thus causing legal uncertainty.

"Yes, we used to have the KKR law, but it was canceled by the Constitutional Court on the condition that it must be corrected immediately," said Mahfud at the Kemenkopolhukam Office, Jalan Medan Merdeka Barat, Central Jakarta, Thursday, November 14.

After the cancellation was decided, a number of the Coordinating Minister for Political, Legal and Security Affairs before him, was said to have made efforts to correct what the commission was missing. However, there are several different views so that the discourse on reviving the KKR has actually evaporated.

Furthermore, the former Chief Justice of the Constitutional Court (MK) said that this commission is being further coordinated so that it can immediately resolve past human rights problems. "Now we coordinate again," he said.

Mahfud appears to be serious about resolving this serious human rights case. This is because he has advised President Joko Widodo to reform the commission. This was conveyed by Presidential Spokesman Fadjroel Rachman.

"From the conversation with the proposal from the Minister of Political, Legal and Security Affairs, Mr. Mahfud MD, he actually suggested the formation of a truth and reconciliation commission again," said Fadjroel at the Presidential Palace Complex, Central Jakarta, Wednesday, November 13.

President Jokowi also seemed to listen to Mahfud's advice. According to Fadjroel, if cases of gross human rights violations, especially in the past, can be uncovered, the government can grant the rights of the victims later.

"The point is that the truth is revealed, so that victims are given what is their right," said the President Commissioner of PT Adhi Karya Persero.

Regarding the KKR's livelihood discourse, Director of the Lokataru Law and Human Rights Office, Haris Azhar said that the resolution of serious human rights cases in Indonesia is measured not only by the formation of the commission or not.

According to him, there are several principles that must be fulfilled by the government, namely the right to truth, the right to justice, the right to recovery, the guarantee of non-recurrence of human rights cases, and the satisfaction of victims and society with all the processes that are carried out to resolve them.

Thus, the most basic thing that must be done by the government in an effort to resolve this case is to recognize that the state will be responsible for gross human rights violations, especially in the past.

"This recognition is not only through statements but through official policies. Second, in the official policy, a number of basic principles of effort are drawn up, how to solve them, and do not conflict with a number of rights," said Haris when contacted by VOI via text message.

After these two basic things were done, Haris said that the government would create a team to do the work. This can be filled by the KKR that Mahfud will form. Not only that, this human rights activist (HAM) also asked this team to continue working because the resolution of cases of human rights violations cannot be easily resolved.

"The government today must ensure that the team above and its policies are in place and running. The process is gradual and long but don't do anything. It must be proportional," he said.

Haris assessed that if it wanted to be completed quickly, the government could actually work with several parties such as the National Commission on Human Rights, LPSK, or by looking at data from reports from a number of independent teams that had already existed.

Besides that, Haris also had doubts about the team's performance. This is because a number of names suspected of being involved in cases of gross human rights violations, especially in the past, are now in power.

"Another note is the matter of a number of names who should be suspected of being responsible, such as Prabowo Subianto, Hendropriyono and Wiranto, who are people in the circle of power," he said.

"Does Jokowi have the courage to ask the Commission or this team to work on examining the name? I doubt it," he concluded.