Aceh Peace Program Report

8/13/2019 Aceh Peace Program Report

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ACEH PEACE PROGRAM

An Assessment on truth and reconciliation committee, strengthening of

security reform and judiciary reform

Written by Chairul Fahmi

Two Years Report for Aceh Peace Program (2009 2011)The Aceh InstituteILBH Banda Aceh IKontraS Aceh IAJMI IACSTFSupported by CAFOD


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Map of Aceh Province Indonesia

Reference: http://www.indonesia-tourism.com


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Program Identification Details

ID Project INN 124

Short Title of Programme Aceh Peace Program (APP)

Name of Lead Institution The Aceh Institute

Start Date June 2009

End Date Dec 2011

Brief Summary of

Programme

This program aims to strengthen the process of the

establishment of the Truth and Reconciliation Committee

in Aceh, security, and judiciary reforms. For this reason,

the Aceh Institute, Aceh Judicial Monitoring Institute

(AJMI), Aceh Civil Society Task Force (ACSFT), Lembaga

Bantuan Hukum (LBH) Banda Aceh (Banda Aceh LegalAids Agency), and KontraS Aceh have worked together.

This particular program is fully supported by CAFOD

United Kingdom and it has shown very positive progress.

For example, the bill (rancangan qanun) on the Truth and

Reconciliation Committee (KKR) is being deliberating at

the Provincial House of Representative in 2012.

Country where activities

have taken placeINDONESIA

List all implementing

partners

The Aceh Institute, AJMI, ACSTF, LBH and KontraS Aceh

Target groups of

beneficiaries

Government, Parliament, Court, Security Institute

(Police, Army), NGOs, People of Aceh

Lead Contact Chairul Fahmi

The Aceh Institute

(Email:[email protected])


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Preface and Acknowledgements

On August 15, 2005, the Government of Indonesia and the Free Aceh

Movement (GAM) signed a Memorandum of Understanding aiming to end

the-almost-thirty-year armed conflict in Aceh. In order to establish how it can

best support the agreement and the peaceful recovery of Aceh, the

Indonesian government established Aceh Reintegration Board (BRA) which

supported the combatants in returning to the community and empowering

their and the conflict victims economy.

Meanwhile, the process of reconciliation, security and judiciary reforms is yetto become the priority. The Aceh Institute, LBH Banda Aceh, AJMI, ACSTF,

and KontraS Aceh has developed a joint program supported by CAFOD

United Kingdom and implemented an assessment on truth and reconciliation

process, security and judiciary reforms in Aceh from 2009 to 2011. This

program aimed to endorse the establishment of Truth and Reconciliation

Committee (TRC) in Aceh as well as to support the process of security and

judiciary reforms.

Thank you so much for everyone who has worked so hard to accomplish thisprogram, from the start to the end. Firstly, we would like to thank supportive

CAFOD Indonesia team; Dini Widiastuti, Wances, and Lauren. We are

indebted to Lukman Age who always provided ample to advice us on how to

consolidate with the partners. Our special thanks also go to Juanda Jamal,

Alja Yusnadi, Agusta Mukhtar, Fadjri Aidit, Hendra Fadhli, Muhammad

Furqan, Hendra Lawhan, Sri Rahayu and Hospinovizal.

Finally, a big thank for CAFOD for having supported the Aceh Institute for

two years and especially for this program. We hope this corporation willalways stand up for the other programs in the future. Thank you very much.

Banda Aceh, March 2012

The Aceh Institute

Chairul Fahmi

Director


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EXECUTIVE SUMMARY

Aceh Peace Program (APP) is a partnership program involving CAFODs partners such

as Aceh Civil Society Task Force (ACSTF), Aceh Judicial Monitoring Institute (AJMI),Aceh Institute (AI), Kontras Aceh, and Lembaga Bantuan Hukum (LBH) Banda Aceh.

Here, the APP is run by CAFODs five partners and it focuses on three main issues -

Truth and Reconciliation, Security Sector Reform, and Judicial Reform.

As a part of this program, Aceh Institute has run certain programs which are

integrated with other partners programs. Some of the programs include Baseline

Survey, public discussions, publications through websites and other local media,

quarterly meetings, and joint publications on research findings of other partners. Such

research findings are related to the issues of the Truth and Reconciliation Committee,

security and judicial reforms which are expected to be a reference for all parties.

A partner of APP program, ACSTF, has monitored the parliament which particularly

deliberated the bill of TRC. However, the Aceh House of Representatives has not yet

passed the bill into law despite the fact that the bill was already set as a priority for the

House to work on in 2012.

In the meantime, KontraS Aceh has advocated the rights of conflict victims. The

advocacy was conducted get acknowledgements from the State, especially on the

violations committed either in the form of killings, forced disappearance, tortures, and

others.

Similarly, LBH Banda Aceh has provided free legal aids to residents having legal

problems against the State or enduring human right violations committed by the

State.

Meanwhile, Aceh Judicial Monitoring Institute (AJMI) has also played its part by

monitoring the court. Its monitoring activities particularly focused on judicial reforms.

The reforms include information transparency for victims and fair and just trials.

The activities of each partner were evaluated in every quarterly meeting facilitated bythe Aceh Institute. This meeting aimed to get information on the latest updates of the

activities of each partner and to consolidate when faced with problems so that aims

and results could jointly be attained.


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Table of Contents page

Map of Aceh 2

Program Identification Details 3

Preface and Acknowledgements 4

Executive Summary 5

Table of Contents 6

I. ACEH PEACE PROGRAM 7

1.1. Baseline Survey 7

1.2. Public Discussion 7

1.3. Publication (Newspapers and Book) 9

1.4. Developing a Mailing List of APP 11

1.5. Face book Page of Aceh Peace Program 11

1.6. Legal Assistance 12

1.7. Aceh Law Codification 12

1.8. Truth and Reconciliation Committee 13

1.9. Monitoring Clean Judicial Process 14

1.10. Critical Legal Education 15

1.11. Security Sector Reform 16

1.12. Peace Community Engagement 17

1.13. Progress 2010 2011 (Media Monitoring update) 17

1.14. Progress towards sustainability of Peace 18

II. CLOSING AND RECOMMENDATIONS 22

Attachments


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I. ACEH PEACE PROGRAM

1.1. Baseline Survey

One of Aceh Institutes tasks in the implementation of APP is conducting Baseline

survey. There three key issues examined in the survey. The issues are the Truth and

Reconciliation Committee, security and judicial reforms.

The indicators of the baseline survey are implemented in accordance with the

framework which has been revised CAFOD Partner Meeting on Aceh Peace Program.

The meeting was held in Sabang on March 4-6, 2010. The implementation of the

baseline survey was led by the Aceh Institute by involving all partners of CAFOD,

either in the process of designing the survey, collecting, or analyzing the data. The

survey was conducted in 15 (fifteen) districts/cities where APP was implemented. The

survey involved respondents ranging from program implementers, beneficiaries to

other stakeholders related to the program.

Baseline survey is a data collection process which will be used a basis for monitoring

and evaluation of APP implemented by five CAFODs partners - Aceh Civil Society

Task Force (ACSTF), Aceh Judicial Monitoring Institute (AJMI), Aceh Institute (AI),

Kontras Aceh, and Lembaga Bantuan Hukum (LBH) Banda Aceh.

Through this survey, each CAFODs partner was able to measure and evaluate each

program that is being or will be implemented. Such a program is particular related to

TRC, security, and judicial reforms. Information was retrieved from various related

institution, the people, and other parties related to the enforcement or establishment

of the three things (Truth and Reconciliation Committee, Security and Judiciary

Reforms). The results of the survey can be seen in the attachment (1)

1.2. Public Discussion

The public discussion was carried out to provide ample space for various parties toexpress their ideas, suggestions, and knowledge on the issues of Truth and

Reconciliation Committee, Security and Judiciary Reforms. In addition, the discussion

became a reference for the partners to formulate steps and strategies in advocating

issues related to the three things.

This public discussion was conducted biweekly and was attended by various elements,

the government, NGOs, students, academicians, or other communal-based

organizations. The results of the discussion were then published in the local media

(press releases); hoping to share the results of the discussion to the public. Some of

the public discussions which have taken placed are listed below:


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No Title Summary

1. Examining the

Military/Police

Personnels Right toVote in 2014 Elections

The discussion addressed the military and police

personnels right to vote in the 2014 elections.

Basically, the right to vote is a constitutional right ofevery citizen as it is acknowledged by the 1945

Constitution, article 28. However, Military Law

prohibits every active personnel of military from

involving in politics. This is somehow related to the

concerns over the use of military power in support of

certain political parties if active personnel of the

military and the police are active in politics. This had

happened during the New Order (Orba) era. For this

reason, military and police personnel are yet to be

granted the right to vote or be voted in the 2014elections unless the police and military institutions can

run professionally.

2. The Roles of Customary

Law in the

Implementation of

Sharia Law

The enforcement of Sharia Law in Aceh is not yet

running optimally. This lex-specialist law is

constrained by various problems related to either to

disintegrated legal substance, weak law enforcers, and

peopleslow legal awareness.

3. Book Review: Hasan

Tiro, Unfinished Story

of Aceh

This book contains a collection of articles which talk

about the conflict and the process of reintegration in

Aceh. The book also provides different perspectives onHasan Tiros struggle, from the start of the conflict

itself, the dynamics of struggle to Helsinki peace

process.

4. Examining the

Establishment of Truth

and Reconciliation

Committee and the

Fulfillment of Conflict

Victims rights in Aceh

Currently, there is a problem with the process of the

establishment of truth and reconciliation committee in

Aceh. The problem is especially related to legal issues.

On one hand, Aceh Special Governing Law (UUPA)

No.11 year 2006 says that the establishment of the

truth and reconciliation committee (TRC) will be

followed up with locally-passed law (qanun). On theother hand, this contradicts to another class saying

that Acehs TRC is a part of the national TRC. As a

matter of fact, the Law on the national TRC has been

revoked by the Government (the Constitutional

Court). Despite such condition, during the discussion,

several things were suggested. First, the fulfillments of

victims rights should not only focuson the fulfillment

of the victims legal rights but also on their economic

rights. In this sense, Aceh Reintegration Board (BRA)

plays a very significant role. BRA should have beenunder the legality of a Presidential Decree like that of


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Aceh Rehabilitation and Reconstruction Agency (BRR),

not only under the legality of Gubernatorial Decree.

5. The Anatomy of Gayo

Land Conflicts

This particular discussion addressed research findings

on the origins of conflicts in Gayo Lands. AfterIndonesia proclaimed its independence, Darul Islam

(DI)/Indonesian Muslim Soldier (TII) Conflict erupted.

After this conflict ended, Aceh Free (AM) movement

appeared and this movement was later renamed (Aceh

Free Movement (GAM/ASNLF). This discussion was

attended by academicians, NGO workers, journalists,

and others.

6. The Roles

Consolidation of NGOs

in the process ofdemocracy in Aceh

This discussion was carried out to re-consolidate the

roles of NGOs as the controller of Governments

Policies in the process of strengthening peace anddemocracy in Aceh.

7. Security Sector Reform

on Rights to be elected

for Police and Military

Personnel

Aiming to see how the constitution applies the rights

for all the citizens, including the rights of police and

army to be elected in general elections in Indonesia

1.3. Publications (Newspapers, Website and Book)

In addition to public discussions, publishing and disseminating information on Truthand Reconciliation Committee, Security and Judiciary Reforms were conducted. The

information was written in articles published by both local and national mass media.

The information was also published in books. These books were then distributed to

numerous parties.

Below is the list of published article titles:

A. Newspapers1.

Antara Aceh dan Jogyakarta (Between Aceh and Jakarta) written by RismanA.Rachman (Aceh Institute founder), published byTEMPO Newspaper

2. Menduga Jalan Pikiran Hasan Tiro (Predicting Hasan Tiros Minds) written byRisman A.Rachman, published by Serambi Indonesia

3. Imajinasi Bernegara di Aceh (Imagining a State in Aceh) written by OttoSyamsuddin Ishak (Aceh Institute founder), published by Serambi Indonesia

4. Politik Halusinasi (Politics of Hallucination) writtenby Otto Syamsuddin Ishak,published by Serambi Indonesia

5. Peran Kepemimpinan dalam Perdamaian di Aceh (The Roles of Leadership inPeace Process in Aceh) written by Fuad Mardhatillah (Aceh Institute founder),

published by Serambi Indonesia


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6. HAM dan Kebebasan Juga Fitrah (Human Rights and Freedom Are HumanDispositions) written by Fuad Mardhatillah, published by Serambi Indonesia

7. Ada KKR di Simpang KKA (There Was Truth and Reconciliation Committee atKKA Intersection) written by Fajran Zain (Aceh Institutes Analysis Manager),published by Tabloid Kontras

8. Ilusi Politik Kekuasaan (The Illusions of the Politics of Power), written by ChairulFahmi (Manager of Publications/APP), published by Tabloid Kontras.

9. Merebut Kursi Melupakan Aspirasi (Running for Offices, Forgetting Aspirations)written by Chairul Fahmi, published by Tabloid Kontras.

B. BOOK [list of contents]1. Reformasi hukum hanya sebatas jargon (Legal Reforms are jargon only)2. Tantangan Pembentukan KKR di Aceh (The challenges of TRC establishment in

Aceh)

3. Tantangan baru dalam mewujudkan pemerintahan yang baik dan bersih (Newchallenges in creating clean and good governance)

4. Revitalisasi hukum Adat (The revitalization of customary laws)5. Politik pemerintahan Irwandi Nazar (The politics of Irwandi Nazars

administration)

6. Pemerintahan IRNA: Tragedi Dimasa Transisi Aceh (IRNAs Administration:Tragedi during Aceh transitional time

7. Sejarah panjang pembentukan komisi kebenaran aceh (A long history of theestablishment of Aceh truth commission)

8. Merubah paradigma kepolisian di era reformasi (Changing the paradigms ofpolice forces in reforms era)

9. KKR, Jalan buntu Kebenaran (TRC, truth dead end)10.Potret Buram Pemenuhan Hak Bantuan Hukum di Aceh (Gloomy Pictures of the

fulfillment of rights for legal aids in Aceh)

C. WEBSITEInformation was also published through website. Below is an example of the web

page.


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This website publication aims to disseminate information regarding the issues of TRC,

SSR, and JSR in Aceh. The sample web page above is KontraS Acehs web page.

1.4. Developing a Mailing List of APP

This activity aims to disseminate information on current issues and debates on TRC,

SSR and JSR issues. This mailing list is expected to be an alternative discussion media

for the partners and stakeholders who are concerned about the issues.

So far, all the partners and also focal point have already been registered as the

members of the mailing list, which has become a media for sharing information not

only on APP program but also other updates from other parties who are also

concerned about the same issues. Furthermore, we use this mailing list to promote

other activities such as workshop, public discussion, information update, and

publishing the research findings.

1.5. Facebook Page of Aceh Peace Program

Besides developing a mailing list, Aceh Institute has created a Facebook account for

APP. The Facebook page is proposed to disseminate the updated information on

related issues and to conduct online discussions on TRC, SSR and JSR issues.

All information of APP programs and the other program has been published on the

Facebook page. This page is linked to the Aceh InstitutesFacebook page to make it

easier for the Aceh Institutes webmaster to organize.


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1.6. Legal Assistance

During 2010 2011 periods, LBH Banda Aceh handled several cases - litigation, non-

litigation, or consultations. Altogether, there were 378 cases reported by the people.In particular, 232 cases were reported in 2010 and 146 cases were reported in 2011. Of

the total cases, 89 cases were categorized as violations against civil and political

rights, 58 cases were categorized as violations against socio-cultural and economic

rights, and legal aids were provided to 231 cases. The most common examples of

violations against civil and legal rights were violation against the principle of equality

before law, tortures, and mistreatment. In this regard, the police institution was

deemed to be the main perpetrator. Meanwhile, the examples of socio-cultural and

economic violations were predominantly structural land disputes.

LBH handled 232 cases in 2010 and 146 cases in 2011. Of the total cases,89 cases were categorized as violations against civil and political rights,

58 cases were categorized as violations against socio-cultural and

economic rights, and legal aids were provided to 231 cases.

The output of such legal aids was the fact that some 518 people received the legal aids

provided by the LBH within the duration of 2 years of APP implementation

throughout Aceh. In providing such legal aids, LBH Banda Aceh not only carried out

non-litigation approaches but also litigation approaches for any cases whose solutions

could only be settled in courts.

1.7. Aceh Law Codification

In relation to law codification, several activities were carried out. Some of the

activities include the recruitment of paralegals and training sessions for selected

paralegals. The law codifications were chosen for analysis.

35 paralegals have been recruited and they have understood their duties in the

process of collecting laws. Five paralegals (3 males, 2 females) were assigned in one

post and they would analyze laws that they collected to see whether the laws have

met international human rights standard and would be problematic when

implemented in the community. Not all codified laws were analyzed as the paralegals

focused more on the laws that had potential tendency to violate instruments of

human rights and might be problematic when implemented in the community.

The number of codified local laws is 252 and 26 of them have been

analyzed. The 26 laws are Aceh Law No. 5 year 2009 on Investment,

Aceh Law No.11 year 2008 on Child Protection, Aceh Law No.8 year

2008 on Public Service, Aceh Tenggara Law No.9 year 2010 on

Health Check in Food and Beverage Industry, Aceh Tenggara Law

No.14 year 2010 on Market Fees, Langsa City Law No.14/ year 2008

on Street Vendors, Aceh Tengah Law No.16 year 2008 on District

Energy and Mining Fees, Aceh Barat Law No.2 year 2010 on Village


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Administration in Meulaboh, and Lhokseumawe City Law No.10/

year 2007 on Disturbance Permit Fees.

Of the 26 analyzed laws, 4 laws have been discussed in seminars. These four lawsinclude Langsa City Law No. 14 year 2008 on Street Vendors, Aceh Barat Law No.2

year 2010 Village Administration, Aceh Tengah Law No. 13 year 2008 on Public Peace

and Order, and Aceh Law No5 year 2009 on Investment.

1.8. Truth and Reconciliation Committee

The elements of Aceh civil societies consisting of conflict victims and human right

activists who associated themselves into the Coalition of Truth Disclosures (KPK) have

drafted civil-society version of a bill of law and Truth and Reconciliation Committee

(TRC) Academic Draft. The TRC proposed by KPK explains the process of truthdisclosures at local levels and is designed and implemented in Aceh. Here, the main

aim was to listen to the victims experiences and expectations. It was also expected

that there would be acknowledgement and recognition on the victims experiences

and fullfillments of victims fundamental rights. The drafts were submitted to

members of Aceh House of Representatives (DPRA) on September 16, 2008.

Unfortunately, the drafts were never deliberated until the end of the tenure of the

previous DPRA, period of 2004-2009.

At the time, the Speaker of DPRA and lawmakers from a number of fractions signed a

commitment to deliberate the drafts and pass law on TRC by July 2011. Nonetheless,

TRC Bill of Law was never passed into law. One of the reasons for this failure was thefact that national TRC law was revoked by the Constitutional Court.

In response to this, LBH Banda Aceh along with some other NGOs continues

advocating and lobbying concerned parties either at local or national levels in order to

gain wide supports from the community and to secure strong commitment from

policymakers to make policies on TRC. Besides lobbying and advocating, LBH Banda

Aceh continues empowering the victims, disseminating information on the

importance of TRC at the grassroots levels, and campaigning for human rights issues.

The campaigns that promote TRC were linked to historical moments related to humanrights. Some of the historical moments were the commemoration of Agriculture Day

on September 26, 2011 held in Simpang Lima Circle, the commemoration of Anti

Forced Disappearance Day on May 17, 2011, held in Jambo Keupok Village, Aceh

Selatan, the commemoration of World Human Rights Day on December 10, 2010,

held in front of the DPRA Building.


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As an effort to empower the victims, three workshops were conducted. The workshop

aimed to strengthen the victims and to disseminate information on the importance of

TRC as well as to seek supports from the ulemas, public figures and prominent women

for the implementation of TRC Law. The first workshop was conducted on May 19,2011 in Lhokseumawe and it was attended by 25 participants consisting of ulemas,

public figures, and local customary leaders. The second workshop was conducted on

June 23, 2011 in Meulaboh. The workshop was attended by 18 participants (five of

them were women). Finally, the third workshop was conducted in on July 20, 2011 in

Langsa. The workshop was attended by local public figures (leaders), ulemas,

prominent women, students, and conflict victims.

The output of the workshops could be seen from the fact that workshop participants

fully supported the efforts carried out by civil societies to enact law on TRC. The

participants in fact suggested that a petition be made to urge the enactment of the

law.

As a result of the lobbies and advocacy, Legislation Body of the DPRA has agreed to

prioritize the deliberation of the bill of TRC Law in 2012.

1.9. Monitoring Clean Trial Process

During the implementation period of APP, LBH Banda Aceh had monitored 12 legal

cases. The cases included shooting incident as the police of Aceh Utara were trying to

arrest Kamaruzzaman on February 15, 2011. The victim was accused of being involved

in robbery case in Aceh Utara. After arresting him without standard and legal

procedure, police investigators shot him to death because, according to the police,

http://aceh.tribunnews.com.Demonstrators naming themselves Peoples Voice for Truth and

Reconciliation Committees or SURAK Aceh staged a peace rally in front of the building of Banda

Aceh House of Representatives (DPRK) on Friday (9/12/2011).
http://aceh.tribunnews.com/http://aceh.tribunnews.com/http://aceh.tribunnews.com/


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Kamaruzzaman was trying to flee. This monitoring activity aimed to monitor the trial

processes that did not run legally and violated code of conducts.

Another case was the report filed by the people of Aceh Singkil to the local police overthe alleged land grabbing committed by PT. Ubertraco. The report was filed on may

09, 2011 but the people have never been informed about how far the case has been

handled by the police.

In regard to these cases, LBH provided legal assistance. LBH accompanied the victims

while they were being questioned at the court level such as pre-court lawsuit. LBH

also accompanied the victims when their cases were being scrutinized, when they

reported/sent letters to higher level police institutions such as Aceh Police

Headquarters about the cases that were handled by the local police. Further, LBH

would report judges who allegedly violated the law and code of conducts. Thismonitoring activity aimed to monitor the trial processes that did not run legally and

violated code of conducts.

Samples of cases: a shooting case committed by local police officers in Aceh Utara

against victim Kamaruzzaman. He was shot during the process of his arrest; then,

Aceh Singkil Police did not follow the report filed by the local people; similarly, a case

that was being really slowly processed by Lhoknga Police Precinct; the dossiers of

witness accounts were faked by police investigator from Nagan Raya Police

Headquarters and this was revealed during trial at Meulaboh State Court. Civil law

violation case was allegedly committed by the judge during a trial sentence session.

The judge has been reported to Judicial Commission of the Republic of Indonesia.

1.10. Critical Legal Education

Critical legal education was a part of activities carried out by LBH and it aimed to raise

peoples legal awareness toward their civil rights. Critical legal education sessions

were conducted twice. The first session was conducted on June 27, 2011 in Tapaktuan

(for Manggamat). This session was attended by 20 participants (12 males and 8

females) and the topic of this particular session was fair and independence

management of natural resources. The session aimed to promote clean and fair justice

and to educate people about their rights in the management of natural resources. Inthis case, attention was on the mining system. On June 29, 2011, another critical legal

education session was conducted in Panji village, Longkip sub-district or

Subulussalam. There were about 33 participants (27 males and 6 females) and the

topic of the session was the dynamics of agrarian conflicts in Aceh. The session aimed

to promote clean and fair justice and to educate people about their rights in the

management of natural resources. In this case, the focus was on the rights over lands.


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LBH ACEH OPENS JUDGE MONITORING POSTK12-11 | Glori K. Wadrianto | Friday, 8 July 2011 | 18:34 WIB

BANDA ACEH KOMPAS.com LBH Banda Aceh opens clean judicialmonitoring post in order to improve monitoring and evaluation toward the

performance of judges and the courts. The Director of LBH Banda Aceh

Hospinovizal Sabri, stated that the post which is open in collaboration with

Judicial Commission aims to make it easier for people to file their reports on

trail processes or judges performance which are deemed to inappropriate.

This post aims to advocate clean and fair judiciary as an estuary of justice

channel so that the feeling of justice could be reached equally, said

Hospinovrizal.

As an output, this activity supposedly provided participants with better understandingon clean and fair judicial process and peoples rights on lands. This could be seen from

the many critical questions posed by the participants. For example, some of the

participants, in Subullussalam, asked about the lands that they have fought for

ownership for quite some time. They claimed that they have not yet owned the lands

despite the fact that they were imprisoned because they demanded that they grabbed

lands be returned to them. LBH representative recommended that the people pay

attention to whether the plantation company was still cultivating peoples lands

located outside its rightful lands. The people demand clarification from Subulussalam

Lands Authority Agency (BPN) about this case. The representative also suggested

that the people need to have strategies in order to get their lands back. This isimportant as they people will be able to avoid being criminalized or charged.

1.11. Security Sector Reform

Within the last six months, KontraS Aceh, after conducting a series of monitoring

activities, found that many military officials issued political statements and got

involved security works which should solely be the responsibility of the police. Some

military personnel were still involved in various business activities such as parking

management, sands or gravels mining, and illegal logging.

From budgeting side, KontraS Aceh also found that the Local Government still

allocated local funds for the military and police and many military or police personnel

were involved in various violent acts. Similarly, Public Order Police/Sharia Police

(Satpol PP/WH) often committed violent acts when conducting raids. Further,

violance also happened in penitentiaries where the wardens were the perpetrators.

In order to support security sector reforms, KontraS Aceh has also conducted capacity

building training for members of parliaments at district/city levels, civil societies,and

university students. KontraS Aceh also published its field findings in regard to securitysector reforms and human rights issues in Aceh in Newslatter.


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11 There have been behaviorial changes within the police institutions in Aceh. such

changes could be seen from the fact that the local police leaders have punished

their subordinates that violated laws.

12 Aceh Police implemented regulatory policy on the operations of law enforcers

13 Aceh Police showed it commitment to conduct sustainable monitoring activities

on the behaviors of law enforcers.

14 Good partnership was built between KontraS Aceh and Aceh Police.

15 There was transparent public information from each police institution in Aceh.

16 Documentation and Information Management officials were appointed by Aceh

Police Headquarters.

17 In order to minimize violence, police-people partnership forum was established.

18 Public figures, religious leaders, and customary leaders who attended the

seminar on police-people partnership forum supported the forum as an effort toreject all forms of violence happening within the community.

19 KontraS Aceh built partnership with Bireuen Police in dealing with legal cases.

20 KontraS Aceh also built good partnership with several members of Bireuen

Ulema Council

21 There was a commitment to build partnership in order to promote good

governance and encourage executives and legislatives that are committed to

produce local laws that sensitive to human rights protection and Islamic values.

22 The case which involved Aiyub and his followers was finally resolved.

23 The National Commission of Human Rights successfully mediated the land-

based conflict between the local people and the Navy.24 The Government of Sabang City supported the settlement of land-based

conflicts.

25 A concept on how to minimize violence when enforcing law and Sharia Law was

structured. The law enforcers should carry out simple, measurable, achievable,

precise, and timely law enforcement measures.

26 Law enforcement agencies, ulema councils, and community elements were

involved when making written policies in order to minimize violence committed

by the police officers, judges, prosecutors, police order police officers, lawyers,

ulemas, and community elements. This is done on both routine and accidentally

basis.27 Law enforcement agencies and other related institutions have improved their

partnership and coordination and their partnership and coordination are based

on written agreement.

26 The Legislation Body of DPRA and government team agreed to prioritize the

deliberation of 15 bills in 2012.

28 The Secretary of Legislation Body of DPA, Abdullah Saleh, said in Banda Aceh on

January 1, 2011 that the House would schedule plenary meeting to deliberate the

list of prioritized bills in 2012. Abdullah Saleh further stated that the plenary

meeting would be held in February, 2012.


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A lobby and advocacy team of TRC Law was formed. The team consists of

KontraS Aceh, the Coalition of Human Rights NGOs, LBH Banda Aceh, and

representatives of the victims.

29 The observance of Pusong/KNPI incident took place in Al-Hilal Mosque inLhokseumawe on January 09, 2011. This observance was held by the Community

of Human Right Violation Victims of Aceh Utara (K2HAU) and it was supported

by the local people and other mass organizations.

30 In Pusong, Lhokseumawe, victims were allowed to disclose the truth. As many as

three victims provided their accounts in front of the public.

31 The Deputy Mayor of Lhokseumawe and the Speaker of Lhokseumawe House of

Representatives (DPRK) delivered their speeches during the observance of

Pusong/KNPI incident.

32 The observance of Simpang KKA of Aceh Utara managed to take place and it

was supported by K2HAU, the local people, and other mass organizations.33 The victims disclosed the truth of their version. As many as five victims provided

their accounts in front of the public

34 Members of local House, representative of Aceh Reintegration Board, and

representative of Aceh Utara Government delivered their political speeches in

support of the victims.

35 There was an exhibition of victims photographs, blood drive events, writing and

poem reading competition for elementary, junior high, and senior high school

levels. The poems were about human rights and violation of human rights.

36 The observance of Jambo Keupok incident was held in Aceh Selatan.

37 A joint prayer session was held. There was also a joint declaration of statements

asking for the end of violence and urging the government to settle human rights

violation cases happening in the past.

38 The laying the first stones session for the construction of Jumbo Keupok

Monument was carried out.

39 The observance of human rights activists kidnapping case of Mukhlis and

Zulfikar was held by the Victim Community (SKOP HAM) through the use of

social network websites.

40 The victims were able to disclosure the truth on the human right activist

kidnapping case.

1.14. Progress towards sustainability of Peace

One of the reasons for the failure of the establishment of TRC in Aceh was the

unavailability of legal basis at the national level. As has been said, the Government of

Aceh has said in many occasions that Law No. 11 year 2006, on Aceh Governance,

article 229, verse 2 and 3, state that Aceh TRC is a part of the national TRC and it is

governed by the applicable laws.


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At the national level, there was in fact Law No. 27 year 2004 on TRC but it law was

revoked by the Constitutional Court in 2006. To some practitioners or observers, this

ruling has made Aceh TRCs legal basis disappear.

More particularly, verse 1, article 229 or Law No. 11 year 2006 clearly says that in

order to seek for the truths and reconciliation, through this law, Truth and Reconciliation

shall be established in Aceh. The verse obviously says that the establishment of TRC in

Aceh should be based on Law No. 11 year 2006. Further, article 230 of the law

stipulates technical matters of TRC in Aceh. The TRC should be based on local law

(qanun). Qanun is a law that is made by Aceh House of Representatives along with the

Governor of Aceh. Seen from these two legal bases, the establishment of TRC in Aceh

has already had legal bases.

Therefore, it is indeed exaggerated to say that the establishment of TRC in Aceh islacking of necessary legal basis. What is needed now is fact that the Government

should have the courage and optimism to take measures.

The establishment of TRC can depend on the local potentials. There are two

guidelines for this. First, there is international convention which has been ratified and,

secondly, there is Aceh Governing Law article 229, verse 4 which says that local

customary principles shall be considered. TRC can still work even with minimal

authority as other things can wait for necessary law to be made. At least, the

principles of the international convention and local wisdoms can still be used.

As a matter of fact, Acehs TRC can potentially stimulate the establishment of thenational TRC. In a different, this kind of thing indeed has happened. For example,

other areas in Indonesia did not have laws or regulations on the direct elections of

local leaders and they did not recognize independent candidates. Aceh had managed

to break the rigid system by introducing new concept which recognizes independent

candidates. As a result, this kind new regulation was widely adopted.

Importantly, up until today, Aceh has contributed several new models in democracy in

Indonesia. If Acehs TRC can find solutions to various past human rights violation

cases, it can be adopted as the national concept of TRC. At least, it can be the

comparisons or reminders for other areas where human rights violation hadhappened.

The peace was the agreement reached by both GAM and the Republic of Indonesia on

August 15, 2005. This peace has also resolved the conflict which had long torn Aceh.

As seen from other post-conflict regions in other countries, conflict may return within

the first 10 years. Therefore, all parties and elements should work hard to minimize

the seeds of new conflicts which can ruin the peace.

In the context of Aceh, if we talk about peace, we would first have a look at Helsinki

MoU. Of all articles contained in the agreement, some can be directly implemented

and some would need other legal bases before they can be implemented. For this


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reason, Law No. 11 year 2006 on Aceh Governance (UUPA) was made. TRC is

stipulated in UUPA which was demanded by Helsinki MoU. In this case, implementing

the UUPA means implementing the Helsinki MoU.

As a basis for peace deal, the points agreed in the Helsinki MoU and stipulated in the

UUPA can be seen as an effort to sustain the peace in Aceh. We should not let the

things that Helsinki MoU is not being implemented as the points stipulated in the

UUPA are properly implemented. This can potentially threaten the peace and the

Government can be blamed for sustaining the peace seriously.

Even though they were not directly involved in the dispute (Aceh war), the local

people were mostly victimized. In this sense, the peace will mean nothing if rights of

the conflict victims are ignored. It is a good thing to reveal what really happened

during the war as it can provide clearer information about human rights abuses inAceh.

Peace means not only destroying GAMs weapons, troop withdrawals, local po litical

parties, independent candidates but also providing justice for conflict victims who

suffered the most during the conflict. Various forms of violence, torture, and killing

would certainly leave wounds and long-lasting scars. If the State does not settle

problems happening in the past, new conflict might arise as the victims and their

families do not receive justice for what happened during the conflict. It is also

important to pay attention the impacts of the human right violations where, for

example, the victims who are breadwinners of their families become physicallydisabled or died; their families would suffer financially and mentally. The life of the

victims wives and children would be threatened in future. Similar thing would also

happen to people whose wealth or belongings were robbed from them. TRC, as a

settlement system of past human rights violations, can answer the victims and their

families suffering through compensations (one of them).


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Lesson-Learned: from Aceh to Indonesia

The Program which has been supported by the Catholic Agency for OverseasDevelopment (CAFOD) of the United Kingdom aims to take advantage of

opportunities for civic engagement that have emerged since the signing of Aceh

Peace Agreement in August 15, 2005 in Helsinki. The peace agreement had

made it possible for the reintegration process in political, economy as well as in

ideology. Moreover this space has emerged to establish peace, justice and

prosperity in Aceh.

Some of the ways to provide justice and to support reintegration are

reconciliation and truth disclosures. In this context, UUPA, as a law made in

accordance with Helsinki MoU, should support the establishment of TRC inAceh.

The establishment of TRC in Aceh will be a starting point for the establishment

of TRC at the national level. As has been said, since the Constitutional Court

revoked Law No. 27 year 2004 in 2006, TRC was the legally dissolved.

Meanwhile, various human rights violations happening in the past are yet to be

probed for sake of truth and reconciliation with the victims.

If TRC in Aceh is promoted, TRC at the national will also be, expectedly, born.

This means that Aceh Qanun on TRC will be the basis for the establishment ofTRC in Indonesia.

Further, this has provided a lot of learning for the civil societies in Aceh. Their

partnership in fight for justice and truth seemed to be more meaningful and has

brought about broad effects for all.

II. Closing and Recommendations

In general, Aceh Peace Program run by five local NGOs in Aceh and supported byCAFOD has showed significant progress in the fight for human rights, justice, and

truth finding in regard to the victims of Aceh conflict which happened for almost 30

years. However, all parties, especially the Government of Aceh, should work hard.

One of the things that the Government of Aceh can do is producing regulations in

support of the establishment of TRC institution in Aceh. Then, security and judicial

reforms should be thoroughly synergized with all stakeholders in Indonesia. This is

important because security and judicial sectors play central part in Indonesia. Indeed,

the security and judicial institutions authority in carrying out reforms depends on the

policies made by the President and the House of Representatives of the Republic ofIndonesia.


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Again, the contexts of Aceh, there are several points that should be evaluated in order

to strengthen the democracy, justice, and human rights in Aceh. These points include:

1. The Government of Aceh can construct its own political and bureaucratictraditions in accordance with its authority which is granted by Law No. 11 year

2006 (UUPA) by developing integrated mechanism among institutions at the

provincial and district levels. This is important as Acehs future developments

can be easily controlled and can meet the peoples needs and interests.

2. Peoples understanding on politics should be improved because they will knowand understand various laws being implemented by the Government.

Therefore, any advocacy activities which aim to fight for the public interests

can be done more actively, either at executive or legislative levels.

3. The Government and the people of Aceh should develop a resourcesmanagement system. The resources can include natural and human resources.The existing infrastructure can be used to manage real sectors, mining, and

mineral resources in order to improve the peoples quality of life.

4. The Government of Aceh should grow its commitment to settle conflict-basedproblems through the strengthening of economic and social reintegration

program at the grass root levels. The implementation of TRC and human right

courts will help grow new spirit to create security stability through security

sector reforms, create political stability through the strengthening of

democracy for political institutions and mass organizations, develop peoples

economy through sector real developments, and integrate social and culture

through local characteristic approaches.5. The Government and civil society organizations can strengthen peace process

in Aceh through the exchange of experiences with several post conflict areas in

Indonesia or other regions in South East Asia. New inputs will certainly enrich

the process of strengthening peace in Aceh.

6. Civil society organizations can strengthen their orientations in developingactivities that can meet the interests of the people at the grass root levels.

Those interests should be made collective and would be advocated to the

Government. In turn, strong new generations will be born, basic services will

improve, bureaucratic and political changes. These all will promote peoples

prosperity.


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Lampiran:

Picture 1: The Victim asked for legalized of Qanun (Local Regulation) on TRC

Picture 2: The Student of University was demonstrated the Parliament for legalized of

the Qanun (Local regulation) on TRC.

Documents

Aceh Peace Program Report