Maneuvering “Recovery” by the State without Involving Victims and Disclosure of Truth is Impunity

The Talangsari Lampung Victims' Families Association (PK2TL), KontraS Aceh, the Aceh Socio-Economic Activity Development Foundation (PASKA) and KontraS view that the maneuvers carried out by the state have put victims back as objects by ignoring the involvement of victims' participation in setting the agenda for the settlement of the Talangsari incident through claimed social assistance. as "recovery". Whereas the infrastructure development received by the Talangsari community should be accepted by them as citizens without bearing the status of victims of gross human rights violations. The “recovery” without revealing the truth that is being practiced in the Talangsari gross human rights violation case is impunity.

This is in response to a meeting between the East Lampung Regency Government which held a non-judicial Evaluation Meeting on Handling Serious Human Rights Violations of the Talangsari Incident (7 February 1989) on Tuesday (23/11/2021). The activity involved the Coordinating Ministry for Political, Legal and Security Affairs (Kemenkopolhukam), the Ministry of Law and Human Rights (Kemenkumham), and the Presidential Staff Office (KSP).

In a forum that did not invite the victim or the victim's companion, Syahmin Saleh (Assistant I of the Regional Government of East Lampung Regency), stated that the provision of "recovery" was not in order to resolve the gross human rights violations of the Talangsari Incident, but to pay attention to the residents without neglecting the process. settlement through judicial means. As for the provision of "recovery" he meant in the form of providing pensions for victims, building roads, building electricity, and planning for an Umrah departure for three victims of gross human rights violations in the Talangsari incident after the pandemic period ended.

The head of PK2TL, Edi Arsadad stated that the victim's family refused to go for the intended Umrah, "Umrah is a worship performed by capable Muslims, not a gift from the state."

"The recovery for the Talangsari victims should be carried out thoroughly because the victims are hundreds of families without neglecting the disclosure of the truth and the judicial process, if only given to a few people, it will only create divisions among the victims," he explained.

Even though Syahmin Saleh has emphasized that the goal of "recovering" the Talangsari victims is not a solution, this is contrary to what the central government has often said. In various forums, the central government stated that the settlement of cases of past gross human rights violations committed by the Coordinating Ministry for Political, Legal and Security Affairs, the Attorney General's Office, the Ministry of Law and Human Rights, and KSP would be carried out through non-judicial channels. These non-judicial efforts became clearer when the government launched a discourse to form a Presidential Regulation Draft for the Presidential Working Unit for Handling Incidents of Serious Human Rights Violations (R-Perpres UKP-PPHB).

In the evaluation meeting it was also mentioned that the "recovery" program that took place in Talangsari was a 2021 project which would later be continued in 2022 in the case of Aceh's gross human rights violations.

Efforts to resolve past human rights violations that are currently being carried out by the government through the Kemenkopolhukam, Kemenkumham, and KSP ignore the aspect of "recovery" or reparation efforts for victims, where one of the rights of victims is the right to the truth. The victim has the right to know why and why she has experienced serious human rights violations. "If this right is ignored, the state is tantamount to perpetuating the process of impunity for perpetrators of human rights violations," said Hendra Saputra, Coordinator of KontraS Aceh.

Furthermore, Hendra explained that in the current context of Aceh, there is already a mechanism for resolving past human rights violations through the mechanism of the Aceh Truth and Reconciliation Commission, the central government should strengthen and support the efforts of the Aceh TRC in exposing various incidents of human rights violations, not making or making new efforts. which can actually negate the effort to reveal the truth, "it is time for the central government to strengthen the Aceh TRC so that it can become a role model in an effort to reveal the truth of human rights cases in Indonesia in addition to judicial efforts by Komnas HAM and the Attorney General's Office," he concluded.

"We know that the Ministry of Law and Human Rights did assesment in Aceh. Unfortunately, the assessment was carried out without involving the Aceh TRC, which is mandated to reveal the truth and recover victims of Aceh's gross human rights violations,” said Farida Haryani, Executive Director of PASKA.

The Head of KontraS's Impunity Monitoring Division, Tioria Pretty, also highlighted that this process was not transparent. The victims were targeted only to be given socialization without ever being invited to formulate a form of recovery for the victims themselves. “Even inputs from assistants to victims of human rights violations continue to be ignored even though we refer to international standards in the recovery of victims of human rights. This means that the government has deliberately carried out acrobatics in resolving past serious human rights cases without referring to applicable international standards.”

This activity illustrates that the state does not respect the legal provisions, values and principles of human rights in resolving gross human rights violations. In 2019, the Ombudsman of the Republic of Indonesia has stated that the Talangsari Peace Declaration initiated by the East Lampung Regional Government and DPRD is a form of maladministration. Even so, the State continued the “recovery” maneuver.

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