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Indonesia

 

Overview

 

In November 2000, the Indonesian Parliament passed Law 26/2000 incorporating the Rome Statute of the International Criminal Court (ICC), which includes the two most serious state crimes: genocide and crimes against humanity. The law led to the establishment of the Indonesian Ad Hoc Human Rights Court in Jakarta to prosecute members of the Indonesian military and police, government officials, and Timorese militia leaders for violations of international humanitarian law and human rights committed in East Timor and Indonesia. Twenty-three judges were appointed to serve renewable five-year terms on panels of five judges. Each panel consists of two career judges and three “ad hoc judges.” Nearly all of the ad hoc judges are law professors at Indonesian universities. In addition to the Jakarta Ad Hoc Court there are four permanent human rights courts in Indonesia, in Jakarta, Surabaya, Medan, and Makassar. Cases brought to these courts are prosecuted by special teams of prosecutors under the Human Rights Directorate of the Attorney General’s Office. Making these new institutions effective has unsurprisingly proved to be a major challenge during Indonesia’s transition from the Suharto dictatorship to its status today as perhaps the most vibrant democracy in Southeast Asia. Since 2003 the WCSC, together with the East-West Center, has been working with the Supreme Court and key justice sector NGOs to make the human rights courts system more effective. This initiative is the work of a generation and will require sustained efforts to reform the processes by which judges and prosecutors are trained.

 

The Ad Hoc Court for East Timor, Jakarta, Indonesia

 

The Center, in conjuction with The Institute for Policy Research and Advocacy (ELSAM), produced several trial monitoring reports and special reports about the Ad Hoc Court for East Timor, held in Jakarta, Indonesia.

 

  • Trial Monitoring – David Cohen, director of the Center has monitored and prepared reports on the Ad Hoc Tribunals.Click to access the Ad Hoc Court Trial Monitoring Reports
  • Collecting and Translating Indictments and Judgments from the Tribunal – Judgments and Indictments translated into english are being posted on this website as we receive them. Click here to view Indictments and Judgments from the Ad Hoc Tribunal for East Timor, Jakarta, Indonesia
  • Judges Seminar on International Humanitarian Law – Held in cooperation with the Berkeley Human Rights Center.The Berkeley War Crimes Studies Center, in cooperation with the Berkeley Human Rights Center and the East-West Center in Honolulu, sponsored its second seminar on international humanitarian law for the Indonesian Supreme Court and the High Courts of Jakarta and Surabaya from January 10-14, 2005. The seminar, which was held on the campus of the University of Hawaii, was organized and chaired by David Cohen, Director of the Berkeley War Crimes Studies Center, and Eric Stover, Director of the Berkeley Human Rights Center. Its principal objective was to enhance the effectiveness of the work of the Indonesian Ad Hoc Human Rights Court through an examination of key issues pertaining to the jurisprudence of international humanitarian law and the operations of the ad hoc international criminal tribunals.
  • Click here to view the Report from the Judges Seminar on International Humanitarian Law

Promoting the Rule of Law through Judicial and Human Rights Training Workshops

Training Workshop in Makassar

In October 2006, David Cohen participated as the only international
faculty member in a training workshop in international humanitarian law
for the Regional Human Rights Court in Makassar. The other faculty had all
participated in our August 2006 “training the trainers” workshop.
Participants included judges, prosecutors, and National Human Rights
Commission investigators, from Makassar.

“Training the Trainers” Seminar

In August 2006, the War Crimes Studies Center, the East-West Center, the
Danish Institute of Human Rights, ELSAM, and the Supreme Court of
Indonesia, collaborated on a “training the trainers” seminar in Jakarta on
international humanitarian law. THe War Crimes Studies Center organized
the curriculum and brought in the international faculty, who included
Judge Navenethem Pillay of the Appeals Chamber of the International
Criminal Court (and former President of the ICTR), Mr. Norman Farrell,
Chief of Prosecutions at the ICTY, Ms Brenda Hollis, international
prosecution expert and former Senior Trial Attorney at the ICTY, and David
Cohen. The sessions were co-chaired by David Cohen and Mr. Fadillah Agus.
Participants included four justices of the Supreme Court of Indonesia, 10
judges from the Jakarta Human Rights Court, seven investigators from the
Indonesian National Human Rights Commission, and seven prosecutors from the
Human Rights Directorate of the Attorney General’s Office.

Cooperation with Training Institutions

In consultation with Supreme Court Deputy Chief Justice for Special Crimes Joko Sarwoko the five-year training program now in the preparation phase will engage with the Indonesian Judicial Training Center. By working with the Center where Indonesian judges are trained we can have a greater impact on the development of curricular reform and the integration of our “training the trainers” program into the ongoing training of the Indonesian judiciary. A similar initiative is underway for the Attorney General’s Office, in cooperation with the Department of Justice Program at the US Embassy in Jakarta and with Prosecutor Narendra Jatna of the AG’s Task Force for Special Crimes. This initiative aims to implement a training program with the Prosecution Training Center in Jakarta. The first workshop in this program will be held June 1-2, 2009.

Developing Cooperation with Stakeholder Institutions

Implementing effective training programs to promote the rule of law and human rights protection and enforcement requires establishing cooperative relationships with institutions, such as the military police, or prosecutors, who often view such efforts with suspicion. To facilitate the development of cooperative relationships we have created an Advisory Board that includes key members from stakeholder institutions who will help us to engage those institutions in productive ways. The Advisory Board members presently include David Cohen, Supreme Court Deputy Chief Justice Joko Sarwoko, Prof. Dr. Harkristuti Harkrisnowo ( Director General of Human Rights, Ministry of Justice and Human Rights), Ifdhal Kasim ( Chair of the Indonesia National Human Rights Commission), Kamala Candrakirana ( Chair of the National Commission on Violence against Women), Lt. Gen. (ret.) Agus Widjodjo (Presidential Monitoring Board), Dr. Marzuki Darusman MP ( Chair of the Parliamentary Commission on Security and Foreign Affairs), Dr. Sidney Jones ( International Crisis Group, Jakarta Office), Narendra Jatna, ( Attorney General’s Office, Task Force for Special Crimes), Asmara Nababan ( Director, ELSAM), Indriaswati Dyah (ELSAM), Representative from the Coordinating Ministry for Politics and Security (yet to be named).