Mahfud MD Speeding Up The TRC Law Entering Prolegnas

Minister of Justice Mahfud MD (Wardhany Tsa Tsia/VOI)

JAKARTA - The Coordinating Minister for Political, Legal and Security Affairs (Menkopolhukam) Mahfud MD is trying to revive the law related to the Truth Reconciliation Commission (KKR). The formation of this commission, according to Mahfud, will re-investigate past cases of human rights violations that have not been resolved.

Although the Constitutional Court (MK) was canceled in 2006, Mahfud's efforts are now continuing by including the law in the National Legislation Program (Prolegnas) to the DPR 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.

Komnas HAM, which held a meeting this afternoon, also said that it had discussed the commission. Komnas HAM Chairman Andi Taufan Damanik said that his party had provided input to Mahfud MD in the 1.5 hour meeting.

"For example, the victim, the victim's family must be talked to. That's important. Then later the formula must be chosen," said Taufan to reporters.

In addition to the question of inviting families and victims of human rights violations, he considered Mahfud must choose the right formula for the future performance of the TRC. Including the question of what kind of cases can later be processed judicially in court.

Previously, the KKR was regulated in Law (UU) Number 27 of 2004. However, in 2006, the Chief Justice of the Constitutional Court (MK) Jimly Asshidiqie canceled the law. This is because this law is deemed inconsistent, which can lead to legal uncertainty.

However, the Constitutional Court did not only cancel it, but actually requested that the new TRC Law which is in line with the 1945 Constitution and upholds the principles of humanitarian law and human rights law be re-formed.

Based on the dpr.go.id page, the proposal for the KKR Law actually entered the level II discussion at the Prolegnas on February 2, 2015. It's just that the discussion of the bill somehow did not get approval at the plenary meeting and just evaporated until now.