2022 End of Year Notes KontraS Aceh

Throughout 2022, the Aceh Commission for Missing Persons and Victims of Violence (KontraS) highlighted several issues related to implementing human rights in Aceh. Several cases have become a concern, including efforts to encourage the settlement of past human rights violations, security sector reform, handling of foreign refugees, diversity practices in Aceh, and advocacy for the Qanun Jinayat.

The records of KontraS Aceh at the end of 2022 are summarized as follows:

  1. Security Sector Reform

The appointment of Maj. Gen. (Purn) Achmad Marzuki, as Acting Governor of Aceh, revealed a problem related to the position of regional heads some time ago. KontraS Aceh assesses that Marzuki's appointment has sparked controversy. Besides having a military background, Marzuki's previous appointment as Expert Staff to the Minister of Home Affairs was also suspected of being flawed in the law. As is known, the civil society coalition at the national level has also sued the Minister of Home Affairs to the Indonesian Ombudsman over the polemic on the appointment of many regional heads, including in Aceh. The Ombudsman also stated that there had been at least three forms of maladministration in appointing the acting regional director. KontraS Aceh views that the military's involvement in civilian institutions has straddled several regulations and contradicts the security sector reform agenda in Indonesia.

  1. Handling of Rohingya Refugees

According to KontraS Aceh's records, Rohingya refugees arrived in Aceh 25 times after first landing on January 7, 2009 (they were known as boat people). Even though it has counted the arrival of 3,955 refugees, Aceh still needs comprehensive regulations regarding handling refugees as a derivative of Presidential Decree 125/2016. KontraS also emphasized the importance of establishing a Task Force for Handling Refugees from Abroad (PPLN) so that the handling of refugees in Aceh can be well coordinated.

3. Past Human Rights Violations

  • Non-Judicial Resolution of Human Rights Violations (PPHAM)

KontraS Aceh criticized the formation of the PPHAM Team through Presidential Decree Number 17 of 2022.

(https://kontrasaceh.or.id/en/kontras-aceh-kritisi-hadirnya-tim-ppham-dengan-penyelesaian-non-yudisial-apakah-hak-korban-akan-terpenuhi/ )

In Aceh, the team worked on three gross human rights violation cases: the Rumoh Geudong incident in Pidie, the Simpang KKA tragedy in North Aceh, and the Jambo Keupok incident in South Aceh.

Several important things to highlight regarding the team's performance in Aceh. During the process leading to FGDs (focused discussions) between the PPHAM Team and victims' communities in the three areas, KontraS Aceh identified that the PPHAM team did not work professionally.

This is indicated by the changing meeting times. This created difficulties for volunteers from the victim community in the field because the victims lived far apart, making it difficult to communicate. The PPHAM implementing team in the area did not seem to place the victim in a dignified situation.

Several civil society organizations in meetings with the PPHAM implementing team also questioned data security and guarantees for the safety of victims who were invited to the FGD, and discussions between the PPHAM implementing section and the victims at the meeting did not have a firm answer. It is strongly suspected that this team did not have the understanding, focus, and seriousness of the (truth) disclosure work and sided with victims for this program.

  • Urgent Reparations for Victims of Human Rights Violations in Aceh

KontraS Aceh appreciates the urgent reparations that have been given to 245 victims of past human rights violations based on the recommendation of the Aceh TRC. However, the government should also have regulations regarding recommendations and granting reparations to victims of past human rights violations. So it doesn't use the Social Assistance mechanism, which is full of problems, as has happened recently. It needs special rules, including its nomenclature in this regard.

  • reconciliation

KontraS Aceh, in March 2022, facilitated the implementation of reconciliation in a national gathering held by the Bener Meriah Regency Government in Sedie Jadi Village, Bukit District. This important moment brought together the parties involved in the conflict in 2001. The two parties, in this reconciliation, underwent a series of processions of acknowledging and forgiving each other to maintain peace and prevent divisions from recurring.

  1. Freedom of Religion and Belief (KBB)

Regarding the situation of KBB in Aceh, KontraS Aceh highlighted several problems related to the practice of tolerance. Among them is the case of the construction of the Takwa Muhammadiyah Mosque in Sango, Bireuen, which has not been completed until now. Apart from that, KontraS Aceh also encourages interfaith dialogue to resolve the case of the construction of houses of worship in Singkil District. For these two cases, KontraS assesses that the government has been slow and is suspected of having neglected it, so this problem has continued to drag on for years.

  1. Advocacy for Qanun Jinayat

Together with various civil society organizations in Aceh, KontraS, Aceh in 2022 has made advocacy work for the revision of Qanun Jinayat 6/2014. In this case, the civil coalition urged that Articles 47 and 50 relating to sexual abuse and rape of children be repealed. However, what is very unfortunate is that in the final draft, the DPRA in the revision did not delete the two articles but only increased the number of sentences. Therefore, KontraS Aceh thinks that this revision has not focused on victim recovery.

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