The presence or formation of a non-judicial settlement team for serious human rights violations (PPHAM) in the past has been criticized by many parties. Presidential Decree No. 17 of 2022 only carries out non-judicial settlements, indirectly, without legal mechanisms.
KontraS Aceh Coordinator, Azharul Husna said, that non-judicial settlement means settlement without a legal mechanism.
According to him, when talking about the rights of victims, there are several rights, namely, the right to the truth, the right to justice, the right to recovery, and many other rights so that this does not happen again.
"The question here, with a non-judicial settlement, will the rights of the victims be fulfilled?" he told Dialeksis.com, Friday (23/9/2022).
"Because Presidential Decree number 17 of 2022 does not mention who the perpetrators are, they are only event-oriented," he added.
She illustrates, 'I hit you, I want compensation, but I don't want to be called the perpetrator and I don't want to be blamed'
"The compensation money is there, but it's not my money, but the state's money (Reparations Money)," he said.
He explained, in article 3 in letter (a) making disclosures and efforts to resolve past serious non-judicial human rights violations based on data and recommendations set by the National Human Rights Commission until 2020.
“That is, only data recommended by Komnas HAM. Meanwhile, of the many cases of human rights violations, let's say that in Aceh only 5 have just been investigated, and only 3 have been investigated and submitted to the Attorney General's Office, but until now there is no clarity at all," he explained.
He said, in this Presidential Decree there were only 12 human rights violations that entered and for Aceh only 3, namely; The case of Rumoh Geudong, Simpang KKA, and Jambo Keupok in South Aceh.
"And this Presidential Decree only has a working time until December, in this case how do we also ensure continuity," he said.
He continued, He also said, will the provision of reparations for human rights violations prevent or not happening again in the future?
“Examples of the needs given that are considered to be repairable are; Assistance for training and equipment for corn cobs, business capital assistance, procurement of thresher equipment for the procurement of livable houses, and construction of clean water facilities. Whether by giving this the rights of the victims given will be completed, this is also a question," he said.
According to him, the existence of the Keppers is a form of fresh air, but the people who are in it should also be taken into account.
"The composition of the members in it should also be taken into account, hopefully, it won't stagnate," he said.
She said that PPHAM's duties were already in the Komnas HAM report. "In this case, we don't talk about rejecting this Presidential Decree, the existence of this Presidential Decree is good because it provides reparations, but it is more about criticizing," he said.
"The reparations led the victims to get a better life, but at the beginning, there was something called non-judicial," he added.
In this case, Nana (as she is affectionately known) is worried about this Presidential Decree, because talking about human rights violations cannot only be partial. "But it must be discussed comprehensively," he said.
She said that in the composition of the team there was a former Deputy Chief of Staff of the Indonesian Army, Lieutenant General (Retired) Kiki Syahnakri.
Nana said Syahnakri had mentioned that Syahnakri had once argued that the reconciliation of victims of past violence had proceeded naturally. For this reason, the government no longer needs to look for a reconciliation model for the 1965 tragedy. (Quoted from Tempo.co)
“The Presidential Decree only mentions providing reparations but does not reveal the truth. Indirectly, the state does not recognize that there are actors there (in the composition of the Presidential Decree)," he explained.
Meanwhile, she continued, KSP once conveyed the reason this team exists to emphasize the aspects of revealing the truth, recovering victims, and guaranteeing non-repetition.
"In fact, in the Presidential Decree there is no attempt to reveal the truth, so only direct reparations," he said.
In this case, Nana appreciates the state's efforts towards victims' reparations, but her party criticizes non-judicial matters, non-disclosure of the truth, and the question of limited time, and how is it sustainable? [ftr]
Source : DIALEKSIS :: Dialetika dan Analisis
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