JAKARTA - Coordinating Minister for Political, Legal and Security Affairs (Menko Polhukam) Mahfud MD said the government was still preparing the Draft Law (RUU) for the Truth and Reconciliation Commission (KKR).
This step was taken to resolve cases of gross human rights violations in addition to using the court process.
"There is a TRC, the Truth and Reconciliation Commission, which is an out-of-court settlement of non-legal, non-judicial issues. Now, we are currently preparing the draft law," Mahfud said in a video statement to reporters, Friday, December 17.
Apart from the TRC, the government can take other steps to complete its homework in accordance with Article 43 of Law Number 26 of 2000. According to Mahfud, for gross human rights violations that occurred before 2000, the settlement process can be carried out through an ad hoc human rights court.
"The ad hoc human rights court was formed at the suggestion of the DPR. Meanwhile, what happened after 2000, after the birth of Law Number 26 was tried by the Human Rights Court, there was no ad hoc one," explained the former Chief Justice of the Constitutional Court (MK).
The government currently has 13 cases of gross human rights violations that must be resolved. Of which 9 occurred before 2000 and 4 cases of human rights violations occurred after 2000, one of which was a gross human rights violation in Paniai, Papua.
"Well, this is a recommendation from Komnas HAM. I want to say that it is not only Komnas HAM that has the right to declare an incident a gross human rights violation or not only Komnas HAM," he said.
"Every criminal act that is threatened with a minimum sentence of 5 years is considered a serious crime, but if it is a gross violation of human rights it is genocide and a crime against humanity. It is only determined by Komnas HAM," concluded Mahfud.
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