There Should Be No Fake Truth And Reconciliation Commission
JAKARTA - The step of the Coordinating Minister for Political, Legal and Security Affairs (Menkopolhukam) Mahfud MD to investigate cases of gross human rights violations (HAM) through the Truth and Reconciliation Commission (KKR) was appreciated by the National Human Rights Commission (Komnas HAM). However, they reminded that past human rights criminals must still be brought to justice.
This was conveyed by Komnas HAM Commissioner Choirul Anam. He said that ideally this commission could really reveal the facts behind the cases of human rights violations, including the field perpetrators and the intellectuals. Not only disclosing, these perpetrators must be tried in court to be accountable for their actions.
"If the KKR is not talking about the court, this means that the KKR is an invention that is not in accordance with human rights principles," Choirul told reporters at the Komnas HAM Office, Jalan Laturharhari, Central Jakarta, Thursday, November 28.
He explained that the KKR that would be formed by the government should not only prioritize non-judicial solutions with the aim of providing amnesty or forgiveness for those who are deemed guilty in cases of gross human rights violations.
"Right, the impetus is like this. The old style of KKR is like that in Law 27 of 2004. That cannot happen again. The ideal KKR is a TRC that reveals the truth," he said.
Choirul also said, based on the rules of Law 26 of 2000 on Human Rights Courts, violations that occurred in 2000 are obligatory by law to be resolved in court. The aim is to bring this case to court so that the perpetrators can clearly explain the violations they have committed.
"If you reveal the truth, maybe the person in charge won't talk? No way. That's why, the person most responsible will be tried in court," he explained.
Perppu on the Human Rights Court
Komnas HAM also explained another way, so that the government could immediately resolve cases of gross human rights violations, which have been lingering for so long. Choirul said that a Government Regulation in Lieu of a Law (Perppu) on Human Rights Courts can also be issued by the President.
With this Perppu, those who must be responsible for crimes against human rights can be immediately dealt with and thoroughly investigated. "How to solve this (human rights violation)? Do you want a scheme sooner or later? If it is a fast scheme, Perppu," said Choirul.
The quick settlement through this Perppu, said Choirul, is actually better than any other means. This is because the resolution of cases of human rights violations depends on the testimony of a person as a witness or victim. In addition, most victims and witnesses or even perpetrators of human rights violations are old and some have even died.
"The perpetrator died, the victim died, the witness died, then with whom do we solve it? Later we will lose a golden opportunity to build this country with a foundation of truth. That's where the Perppu (Human Rights Court) becomes the answer," he said.
Previously, Menkopolhukam Mahfud MD said that he would push for the Law on the Truth and Reconciliation Commission (KKR) which was canceled by the Constitutional Court (MK) in 2006 into the National Legislation Program (Prolegnas) in 2020.
"You have to enter the National Legislation Program first. This prolegnas has yet to talk about material, what is it? The prolegnas will still be ratified on December 18, 2020," said Mahfud at the Kemenkopolhukam Office, Jalan Medan Merdeka Barat, Central Jakarta, Monday, November 25.
After entering Prolegnas 2020, then the process of discussing the law will be carried out immediately. "After that, it will enter the National Legislation Program, discussing matters," he said.
In formulating this commission, Mahfud said that his party would invite the families of the victims and a coalition of civil society. The goal is that past human rights violations can be resolved immediately.
"We will hear everything, but all must be fair. Fair means that it must be open. Don't be too pushy, you can't just persist," he said.
The law regulating the KKR issue is actually not the first time it has been re-submitted to Prolegnas after it was annulled by the Constitutional Court. Based on the dpr.go.id page, KKR actually entered Prolegnas on February 2, 2015.
The legislation has even entered at level II, namely waiting for the decision to become a law by a plenary session or the approval of the bill to become law. However, it is unclear the reason for the TRC Bill (RUU) then just evaporated.