The Absence of Human Rights Priority in 100 Day Program of SBY’s Governance
Institute for Policy Research and Advocacy (ELSAM)’s Note On SBY’s 100 Day Governance Performance


 

1.      Introduction

In July 2009, Susilo Bambang Yudhoyono was again elected as the Indonesian Republic President, defeated his rivals. This success should have given great power and authority to him to determine clear and positive steps in order to promote and increase Indonesian people prosperity, especially in promoting, protecting and enforcing human rights.

However, it seems that SBY does not do it. 100 day program of Indonesia United Cabinet II (KIB) which was established by SBY-Boediono on 6^th of November 2009 did not accommodate programs to promote, protect, and enforce human rights. Besides that fact, the policy direction of some issues related to the effort in promoting human rights in Indonesia also has not been noticed.

From 45 crucial programs which will apply in all over the country, all of them are related to sectoral and regional development. While the other 15 optional programs are not more than just jargons to create government image so far (see table 1).

While in contrast, the middle period of development plan (RPJM) 2004-2009 and National Action Plan of Human Rights (Ranham) 2004-2009 has clearly and firmly mentioned some steps to be taken to promote, protect, and enforce human rights. Hence, the continuity of program direction and policy among RPJM 2004-2009, Ranham 2004-2009 and the government’s 100 day program cannot be seen clearly.    

 

The absence of human rights issues and programs in this KIB II shows that there is no real commitment in law enforcement and human rights sector, especially in revealing and completing some cases which attract people attention and human rights cases in the past.   

2.       100 Day Program of KIB II Governance Has Failed to Integrate the commitment of RPJM 2005 – 2009 in Its Work Plan, especially related to Law and Human Rights Sector.

Based on Act, Number 25/2004 in accordance to System of National Development Plan, three months after his/her innaguration, the elected president must determine the Plan of National Middle Period Development. The National Middle Period Development is the description of vision, mission, and president program in five years, which is taken through the Main Strategies which is explained in National Development Agenda, and involves main targets that should be achieved, policy direction and development programs.

According to RPJM 2004-2009, the development plan in law and human rights sector in President SBY Governance will focus on efforts to solve and accomplish some main problems which have been identified, such as :  

1. There are still too many human rights violations;
2. There are still many irresponsible human rights violators and they cannot be punished (impunity)
3. The dysfunction of state institutions which have authority and obligation to enforce human rights.
4. The law enforcement and legal certainty have not been enjoyed by Indonesian people;
5. The unfair, indecisive, discriminative law enforcement;
6. The handling of corruption cases by Attorney General Department in 2001-2004 was not optimally informed to the society;
7. The great expectation and demand from the society toward the performance of Corruption Eradication Commission (KPK) and Corruption Trial (Tipikor) in order to enforce the law and legal certainty;
8. The legal action toward criminals of corruption was often uncompleted.

From the above problems, most of them have not been accomplished by SBY governance. The Impunity which has been the enemy of all of people in Indonesia for decades is extremely cannot be omitted. It is proved by many unsolved human rights cases, especially those whose investigation results have been completed by human rights commission (Komnas HAM) and have delivered to Supreme Court. [1] Besides, the development done in many sectors has not partied to the poor. The eviction and expropriation of the Poor’s rights is a proof of government indifference in their development policy [2] . Moreover, the issuing of many legislations which against civil and political rights is a proof that there is indifference toward human rights national action plan, which should be become a base in human rights development in Indonesia [3] .

Similarly with some institutions that support human rights enforcement such as; attorney general department, police department, and court, which have not been touched by reformation breakthrough, ironically they are the spearheads of human rights enforcement efforts. [4]  

             

Therefore, overall agenda of human rights and law under Susilo Bambang Yudhoyono governance set in RPJM 2004 -2009 have not been able to fulfill people expectation. In the same time, President SBY has not issued or had a progressive breakthrough in human rights sector. Whereas, the RPJM has been released, one of the plans is human rights national action plan (Ranham 2004 – 2009) [5] .

           

Unfortunately, the SBY failure in his first governance period does not become the valuable lesson for him. The big agenda in enforcing human rights (HAM) in 100 days of his governance second period does not integrate or accommodate human rights enforcement agenda which set in RPJM 2004-2009. Hence, human rights agenda have not shown a direction which lead to political commitment that must and will be accomplished [6] . 

3.      100 day program of KIB II Governance : There are not any indicators which were precisely formulated 

 In connection with reformation of law and bureaucracy, especially some law enforcement institutions, in fact,100 day program of KIB cannot read accurately the basic and existed problems in law and human rights sectors. All of the problems are perceived as if they are only coming from bureaucracy problems. Yet, all the programs which have been arranged, especially those which are involved in law, politics, and security (Polhukham) and Law and Human Rights Ministry have failed to formulate some precise and measurable indicators. The formulated success indicators of success only show technical administrative success. It does not directly lead to the main targets of problems which is dealt in law and human rights sectors.   

In this program, once again, human rights have become some marginal aspect in the governance program of SBY. Whereas, it is impossible to build commitment for democracy without strong pillars and commitment to protect and enforce human rights. From the programs which belong to politic ,law, and security area, it can be seen that in fact, the democratic idioms and law enforcement have only been used to cover unfulfilled agenda and implementation of human rights in Indonesia since the human rights protection and reinforcement agenda is clearly and firmly not mentioned in 100 day agenda of SBY’s governance.

In the future, the protection and reinforcement of human rights which involves the completing some human rights cases, the assurance of freedom of idea and expression, impartial and fair law enforcement, the omission of death penalty are things that impossibly happened in Indonesian people living. Something which is against Indonesian government commitment, which has already had and ratified several human rights instruments.

Table 2. The Programs of Politics, Law, Security (Polhukam) and Law and Human Rights Ministries

Related Articles:

• PASAR LUPA
  Politik Transaksional ala Korban Pelanggaran HAM 18 Oct 2010
  
• Elsam: SBY Utang Lima Agenda HAM Untuk beberapa hal, SBY telah berjanji untuk melakukan agenda HAM namun belum dikerjakan 20 Oct 2009
  
• PELANTIKAN PRESIDEN SBY : HUTANG PENYELESAIAN PELANGGARAN HAM 20 Oct 2009
  

Program	Action Plan	Person in Charge
Politics, Law, and Security Sector
P1: The rearrangement of management and relationship among law enforcement institution including KPK, Police Department, and Attorney Department.	(P1A1) The preparation and initial step of  Police and Attorney Departments Restructuring as the substantial parts of reformation in law enforcement institutions.	Coordinator Ministries of Politics, Law, and Security.
	(P1A2) The arrangement of plan and application of professionalism increase and human resource integrity enforcement in all police and attorney departments.	Coordinator Ministries of Politics, Law, and Security.
	(P1A3) Synchronization and harmonization of law enforcement among KPK, Police, and Attorney Departments.	Coordinator Ministers of Politics, Law, and Security.
P2: The Public Service Quickening	(P2A5) The easy, transparent, and on time passport service from 7 days become 4 days including service for some Indonesian workers (TKI) with problems abroad.	The Ministry of Law and Human Rights
	(P2A6) Improvement of validation procedure of law institutions (PT) from 1 month becomes 7 days	The Ministry of Law and Human Rights
	(P2A7) Completion of HKI’s appeal arrears: 1.500 Creation Rights, 1.000 industry design bundles,  1.250 patent files, 17.000 brand folders.	Law and Human Rights Ministries
	(P2A8) Optimal ticket payment with electronic facility	Police Department Headquarters
	(P2A9) Developing net facility of accident data and traffic violation	Police Department Headquarters
	(P2A10) Building and developing information and documentation system to manage public information	Police Department Headquarters
	(P2A11) optimally implementing notification letter in the progress of investigation result (SP2HP) in POLRI	Police Department Headquarters
	(P2A12) The Increase of effectiveness of investigation control committee	Coordinator Ministries of Politics, Law, and Security
	(P2A13) Optimally socializing Notification Letter in the Progress of Investigation Result (SP2HP) widely to the people through media

Download File
	01. Press Release-100 Hari.doc (86 KB) Absennya Prioritas HAM Dalam Program 100 Hari Pemerintahan SBY
	The Absence of Human Rights Priority in 100 Day Program of SBY’s Governance (87.5 KB)