United Nations Development Programme (UNDP) And National ...Secure Site €¦ · RPJPN : Rencana...

1

United Nations Development Programme (UNDP)

And

National Planning and Development Agency (BAPPENAS)

Strengthening Access to Justice in Indonesia (SAJI) Project

Annual Report

January– December 2012

Prepared For

The Royal Norwegian Embassy

March 2013

2

Contents Acronyms ...................................................................................................................................................... 3

Executive Summary ...................................................................................................................................... 5

Situational Background ................................................................................................................................ 7

Results and Achievements ........................................................................................................................... 9

Output 1 .................................................................................................................................................... 9

Output 2 .................................................................................................................................................. 15

Output 3 .................................................................................................................................................. 19

3.1 Access to State Funded Legal Aid Services Improved ................................................................. 19

3.2 Access to Informal Justice Channels Increased ............................................................................ 23

Output 4 .................................................................................................................................................. 28

Cross Cutting Issues .................................................................................................................................... 35

Gender Mainstreaming .......................................................................................................................... 35

Partnerships ............................................................................................................................................ 36

South-South Cooperation ...................................................................................................................... 37

Risk Management ....................................................................................................................................... 37

Lessons Learned ......................................................................................................................................... 38

Conclusions and Ways Forward ................................................................................................................. 39

Annexes ...................................................................................................................................................... 40

3

Acronyms

A2J Secretariat : National Secretariat on Access to Justice

AIPJ : Australian Indonesian Partnership for Justice

BAPPENAS : Badan Perencanaan dan Pembangunan Nasional (National Planning and Development Agency)

BPHN : Badan Pembinaan Hukum Nasional (National Law Development Agency)

CEDAW : Convention on the Elimination of All Forms of Discrimination against Women

CILC : Center of International Legal Cooperation

CP : Country Programme

CPAP : Country Programme Action Plan

CSA : cost sharing agreement

DSH : Desa Sadar Hukum (Legal Awareness of Villages)

HR : human resources

ICCPR : International Covenant on Civil and Political Rights

ICESCR : International Covenant on Economic, Social and Cultural Rights

KOMNAS HAM : Komisi Nasional Hak Asasi Manusia (National Human Rights Commission)

KOMNAS Perempuan : Komisi Nasional Anti-Kekerasan TerhadapPerempuan (National Commission on Violence Against Women)

KPK : Komisi Pemberantasan Korupsi (Corruption Eradication Commission)

LBH-APIK : Lembaga Bantuan Hukum Asosiasi Perempuan Indonesia untuk Keadilan (Indonesian Women's Association for Justice and Legal Aid Institute)

MAA : Majelis Adat Aceh (Aceh Customary Council)

NPM : National Project Manager

NSA2J : National Strategy on Access to Justice

OHCHR : Office of the United Nations High Commissioner for Human Rights

PIP : project initiation phase

PMU : project management unit

PRODOC : project document

4

PT MACON : PT Multi Area Conindo

RP : responsible party

RPJMN : Rencana Pembangunan Jangka Menengah Nasional (National Mid-Term Development Planning)

RPJPN : Rencana Pembangunan Jangka Panjang Nasional (National Long-Term Development Planning)

SAJI : Strengthening Access to Justice in Indonesia

SK : Surat Keputusan (Decree)

UKP4 : Unit Kerja Presiden Bidang Pengawasan dan Pengendalian Pembangunan

(Presidential Working Unit for Monitoring and Oversight of Development)

UNDP : United Nations Development Programme

UNFPA : United Nations Population Fund

UNPDF : United Nations Partnership for Development Framework

YLBHI : Yayasan Lembaga Bantuan Hukum Indonesia (Legal Aid Indonesia)

5

Executive Summary

March 2012 marked the signing of SAJIs project document (prodoc) and its full transition to an

operational project.1 Since then the project has made many notable accomplishments, particularly

under Outputs 2-4.

Steps have been undertaken under Output 1 to include the NSA2J into national mid-term development

planning (Rencana Pembangunan Jangka Menengah Nasional - RPJMN) for 2015-19. In parallel, the

NSA2J is being adjusted so it can be more easily translated in the annual work plans of

ministries/institutions, and results can be properly tracked by the Access to Justice (A2J) Secretariat

through indicators and targets. Recommendations have also been submitted to six

ministries/institutions on required actions to ensure the integration of the NSA2J in their programmes,

based on the results of a gap analysis.

Under Output 2, a Presidential Regulation on ‘Public Complaints Mechanisms’ (PCMs) was drafted, and

district/cities identified for the piloting of the PCMs. The Presidential Regulation provides clear

guidelines on the technical requirements and minimum operational standards needed to implement

the PCMs. The PCM model, to be piloted in Bener Meriah (Aceh), Palangka Raya (Central Kalimantan)

and Palu (Central Sulawesi), will be implemented according to the new Presidential Regulation and

recommendations from a PCM study.

Derivative regulations were drafted and funds mobilized for the implementation of Law No. 16/2011 on

‘Legal Aid’ under Output 3. It is expected that an extra 11,000 people will benefit from free legal aid

services in 2013. Increased recognition and support for the informal justice system by national and

subnational governments also occurred under this Output. Central Sulawesi is one such example, a

working group has been established to explore how it can replicate Aceh’s adat justice model in the

province.

Output 4 advancements included the undertaking of an assessment that examined the quality

performance of the adat justice system in Aceh. The adat justice system continues to operate nation-

wide without proper performance monitoring and oversight. SAJI works to upscale this assessment to

1 In October 2011, Norway signed a cost-sharing agreement (CSA) with UNDP that referenced the draft SAJI project document

(prodoc), and its output statements. However, the final prodoc was not formally endorsed until March, through its signing by the Deputy Minister for Politics, Law, Defense and Security, and the UNDP Country Director. During this time period, slight changes were made to the output statements. Output 1 and 2 statements remain the same in both the CSA and final prodoc. However, in the prodoc, CSA Output 3 (i.e. “Access to justice in informal justice systems increased, particularly for women and vulnerable groups”) becomes two distinct outputs in the prodoc (i..e. Ouput 3, “People’s access to state funded legal aid services are improved, particularly for the poor and the marginalized”, and Output 4, “Access to justice in informal justice channels increased, particularly for women and vulnerable groups”). CSA Output 4 (i.e. “Knowledge management to inform policies and initiatives to effectively strengthen access to justice”) and prodoc Output 5 (i.e.“Knowledge management to inform policies and initiatives to effectively strengthen access to justice and contribute to Indonesian reporting on the implementation of human rights instruments”) statements also differ slightly. This report refers to the CSA output statements, since this report is addressed to the donor. However, prodoc Output 3 and 4 targets (which were not detailed in the CSA) are also reported to in this document, under Output 3. Output 3 is also structured, so progress towards the legal aid, and informal justice components, are apparent. Indonesian reporting on the implementation of human rights instruments is also discussed in the body of text.

6

other provinces including Central Sulawesi and Central Kalimantan. Knowledge sharing within the UN

system was also used to strengthen human rights compliance, and access to justice in Indonesia.

Despite these achievements, as detailed in the report, challenges remain. Under Output 1, NSA2J implementation has taken longer than expected, and the project has had difficulties in quantifying the number of NSA2J action plans implemented at the national and subnational levels. The rolling out of legal aid has also been pushed back eight months, due to delays in the drafting and enactment of derivative regulations presided over by the Ministry of Law and Human Rights.

7

Situational Background

Indonesia has made great progress towards democracy and poverty alleviation since its 1997-98

economic crisis and political transition. The post-Suharto reformasi has involved a comprehensive and

ongoing reform of the legal architecture governing Indonesia’s formal institutions of justice. Significant

achievements to date include:

- The ‘one roof’ reforms of 2004, which bolstered judicial independence by transferring

administrative and financial authority over the courts from the then Ministry of Justice to the

Supreme Court;

- The separation of the police from the armed forces and their placement under direct civilian

control; and

- The establishment of new agencies including the Constitutional Court, the Judicial Commission,

the Corruption Eradication Commission (Komisi Pemberantasan Korupsi/KPK), a special Corruption

Crimes Court, the National Police Commission, the Ombudsman Commission, and the Judicial

Mafia Task Force.

These agencies were added to the already crowded structure inherited from the New Order, which, in

addition to the Supreme Court and lower courts, included the Supreme Audit Agency (an oversight

body mandated by the constitution), the National Human Rights Commission (Komisi Nasional Hak

Asasi Manusia/Komnas HAM), and the administrative courts.

A number of important advances have also been made in relation to the normative protection of human

rights since the fall of the New Order, the single most significant being the enactment of a

constitutional Bill of Rights in 2000. Coupled with the establishment of the Constitutional Court, with

jurisdiction to conduct judicial review of laws alleged to infringe these constitutionally protected rights,

the bill of rights (in theory at least) provides Indonesians with stronger legal protection of their human

rights than those enjoyed by citizens in a number of more advanced democracies. Law No.39/1999 on

‘Human Rights’ guarantees a number of rights in addition to those entrenched in the Constitution,

although principles of statutory interpretation render these non-constitutional rights vulnerable to

either deliberate or inadvertent derogation by future inconsistent legislation. Indonesia’s recent

accession to the International Covenant on Civil and Political Rights (ICCPR) and the International

Covenant on Economic, Social and Cultural Rights (ICESCR) means that the country has now also

ratified most of the major international human rights instruments.

Together, the current mix of constitutional, statute, and international law provide more detailed

protection for a greater range of human rights than existed at any other time in Indonesian history.

Nevertheless, the nation still confronts significant development challenges particularly with respect to

the protection and welfare of its poor and vulnerable populations. Areas of challenge are detailed in the

project document (UNDP 2012: 4-8) and include corruption, access to formal courts, and clarity and

accountability in the informal justice system. Gender discrimination in access to justice, effective public

complaints and grievance handling mechanisms, and access to justice in land and natural resources, are

also areas of concern.

8

In order to tackle justice related challenges in Indonesia, SAJI is grounded on a social justice paradigm

and uses the conceptual framework of ‘access to justice’ in the formulation of its project strategies and

activities. The access to justice framework goes beyond the traditional ‘judicial sector’ and focuses on

providing pro-people’s justice based on the following fundamental principles:

1) Legal development should be integrated with development in other social sectors and should

be tied directly to the alleviation of poverty;

2) It should be planned from the bottom up with the active participation of experts and civil

society representatives who understand the law from the people’s perspective; and

3) It should pursue active participation from the public and the greatest possible benefit for the

marginalized.

In order to ensure real results and impact on the country and project beneficiaries, SAJI has been

designed and will be implemented in line with the following strategies2:

- Programming based on the National Strategy on Access to Justice (NSA2J);

- Building on lessons learned from other projects;

- Maximizing strategic partnerships;

- Targeting the poor, the disadvantaged and women;

- Human rights;

- Greater involvement from communities and beneficiaries;

- Nurturing the capacity and independence of civil society; and

- Ensuring sustainability of results (UNDP 2012: 13-6).

Box 1: SAJI Outcomes3

2 Please note that “Access to justice in land and natural resources for indigenous people and other forest dependent people” is

no longer one of SAJIs project strategies. This is because this issue is now being addressed by another UNDP project, ‘Participatory Governance Assessment on REDD+ Implementation in Indonesia’ (PGA). SAJI focuses much broadly on extending indigenous peoples rights through informal/customary justice mechanisms (adat) 3 This project contributes to longer term outcomes linked to the United Nations Partnership for Development

Framework/UNPDF (Outcome 1), UNDPs Country Programme/CP Results and Resources Framework (Outcome 2), and its Country Programme Action Plan/CPAP (Outcome 3). Not all of these outcomes are reflected in the prodoc. The project also contributes to a fourth outcome, as outlined on p.17 of the project document.

SAJI Longer Term Results

- Outcome 1: “People participate more fully in democratic processes resulting in pro-poor, gender responsive,

peaceful, more equitable and accountable resource allocation and better protection of vulnerable groups”

- Outcome 2: “Increased public representation and participation in political, justice, and human rights institutions,

particularly among women and vulnerable groups”

- Outcome 3: “Justice providers and institution are more effective in protecting human rights, and citizens enjoy

improved access to justice”

- Outcome 4: “Improved access to justice for Indonesian’s, particularly women and vulnerable groups, as envisioned in

the National Strategy on Access to Justice”

9

Results and Achievements

Output 1

“Institutional mechanisms, legal and regulatory framework, and capacities of government

institutions strengthened to implement the recommendations and Action Plans of the

National Strategy on Access to Justice”

Box 2: Key Results under Output 1

Progress towards Output

1) New National Mid-Term Development Planning Framework (RPJMN) Foundation Laid

In 2009, the National Strategy on Access to Justice (NSA2J) was incorporated into the national mid-

term development plan (Rencana Pembangunan Jangka Menengah Nasional - RPJMN). NSA2J

outlined action plans for related ministries/institutions, and individual sector strategies for:

i) legal and judicial reform;

ii) legal aid;

iii) local governance;

iv) land and natural resources;

v) women;

vi) children;

vii) labour; and

viii) poor and disadvantaged groups.

It aimed to create a policy, regulatory and planning framework that was inclusive of poor and

marginalized people. It recognized access to justice for the poor as critical to poverty eradication.

In 2014, a new RPJMN will be rolled out for 2015-19. With SAJI support, BAPPENAS has started

developing a thematic background study. This study is the first and critical step to developing the

new five year development plan. It examines current progress in RPJMN (2010-14) implementation

and sustainability issues against long-term development planning (Rencana Pembangunan Jangka

- A thematic background study is underway which examines, among other things, progress in

NSA2J implementation. The thematic background study lays the groundwork for the new mid-

term development planning (Rencana Pembangunan Jangka Menengah Nasional - RPJMN)

document. BAPPENAS has indicated the NSA2J will be included in the new five year plan, which

will provide a larger timeframe for NSA2J implementation. Based on anecdotal evidence, NSA2J

implementation has been mixed. Its inclusion within the 2015-19 RPJMN is necessary to ensure

its accelerated implementation, and coordination of efforts.

- The A2J Secretariat submitted recommendations to 6 ministries/institutions on how to better

incorporate the NSA2J into their programmes. These recommendations were based on the

results of a gap analysis that compared the NSA2J action plans against the annual work plans of

the ministries/institutions. All ministries/institutions promise to follow up on these

recommendations. SAJI will monitor their compliance with these recommendations, with

resultant data to be included in the next report.

10

Panjang Nasional/RPJPN). BAPPENAS has indicated the NSA2J will again be included in the

RPJMD. Currently the project is providing technical advice to BAPPENAS on how NSA2J

implementation can be accelerated through the new RPJMN. In the meantime, BAPPENAS will

continue to implement the NSA2J according to the current RPJMN, and to encourage relevant

ministries to follow suit.

2) Gap Analyses of Select Government Ministries/Institutions Undertaken

Part of the responsibility of the A2J Secretariat is to provide technical inputs to relevant

ministries/institutions on actions needed to incorporate the NSA2J into their programme. In 2012,

the Secretariat supported six government ministries/institutions to do this, based on the results of a

gap analysis. This gap analysis examined the annual work plans of select ministries/institutions

against the NSA2J action plan. Ministries/institutions supported include: Ministry of Home Affairs;

Ministry of Law and Human Rights; Supreme Court; Ministry of Social Affairs; Ministry of Women’s

Empowerment and Child Protection; and the Office of the Ombudsman.4

The National Law Development Agency (Badan Pembinaan Hukum Nasional - BPHN), a unit within

the Ministry of Law and Human Rights, offers an example of such support. BPHN is responsible for:

i) coordinating legal drafting; and ii) spearheading national initiatives to strengthen community-

based legal awareness. SAJI identified two BPHN initiatives that are strategic to strengthening

community-based legal awareness, specifically its ‘Legal Awareness in Villages’ (Desa Sadar Hukum

- DSH) programme and its Law and Human Rights Centres.

BPHN introduced the DSH programme in 1993. Since then, more than 1,600 community groups

have been established at the village level. These groups are responsible for disseminating laws like

domestic violence, marriage, taxation, and narcotics, that are relevant to local communities. BPHN

introduced its Law and Human Rights Centres in 2009. These centres serve two functions: first,

they assist subnational governments in the drafting of by-laws and, second; they facilitate

community access to necessary legal information.

Based on the results of the gap assessment, the Secretariat recommends the DSH programme

supplies more information to villagers on their legal rights. Currently, the programme has focused

more on supplying villagers with information on their legal obligations/duties (i.e. the need to

comply with ‘Law A’ and ‘Law B’). The Secretariat also recommends a reappraisal of the village

groups. These groups are treated as a temporary solution or ‘bandaid’ to address limited legal

awareness by local communities. In reality, these groups fill a long-term service need. More

4 Some results highlighted in this report, overlap with results shared in the PIP final report. This is because during October

2011-April 2012, Norway had two cost-sharing agreements (CSAs) with UNDP for SAJI. One supported SAJI under a project initiation phase (PIP), and another, under a draft project document (prodoc). Please note that PIP Results 1 and 2 correspond to that of Prodoc Output 1, and PIP Result 3 corresponds to Output 3 under Norway’s cost-sharing agreement (CSA) with UNDP (or Output 4 under the signed project document). This report tries to draw on examples not discussed in the previous report.

11

regular and systematic information needs to be fed to these groups by BPHN and Provincial Offices

of the Ministry of Law and Human Rights.

A redesign of the law and human rights centres is also needed, to better support access to justice in

Indonesia. The Secretariat recommends BPHN develops a new guideline that provides detailed

information on the structure and functions of the centres. These centres operate very differently,

and to various degrees of success, across the archipelago. This has occurred due to widely different

interpretations by the Provincial Offices of the Ministry of Law and Human Rights on what is

required by them in the operation of these centres.

The Secretary General and Planning Bureau have promised to use recommendations from the

Secretariat as the basis for revising existing Minister of Law and Human Rights regulations on the

DSH, and for developing new ones for the centres.

During the next reporting period, the project will provide an update on progress by BPHN and the

other targeted ministries/institutions in implementing recommendations from the A2J Secretariat.

Challenges & Responses Despite progress in NSA2J implementation, challenges remain. First, it is difficult to measure progress

in the utilization of the sector strategies and related action plans by the ministries/institutions. The

NSA2J cannot be easily translated into the annual work plans of the ministries/institutions due to

incompatibilities in formats. The NSA2J also does not provide indicators and targets to measure

results. Second, although the President has explicitly expressed his support of the strategy in official

statements, he has not endorsed it through a Presidential Regulation. As a result, many government

ministries/institutions perceive the implementation of the strategy to be voluntary rather than

mandatory. This is despite the fact that the NSA2J is reflected in the RPJMN, which

ministries/institutions are mandated to implement under law. It is also for this reason, knowledge

about the NSA2J and coordination of efforts remains mixed, and why there have been delays in the

establishment of the Government Steering Committee and Technical Government Teams.

SAJI is currently supporting BAPPENAS to address these challenges. The NSA2J is being updated, so: i)

it is brought in line with government planning templates; and ii) it incorporates necessary indicators

and targets. The revised NSA2J will be ready by Q3 2013, for its incorporation into the new RPJMN.

BAPPENAS will also advocate for the enactment of a Presidential Regulation. Once this regulation is

enacted, NSA2J action plans will be overseen by the Presidential Working Unit for Monitoring and

Oversight of Development (Unit Kerja Presiden Bidang Pengawasan dan Pengendalian Pembangunan -

Badan Pembinaan Hukum Nasional UKP4). Headed by the former Head of Aceh’s Reconstruction and

Rehabilitation Agency (Badan Rekonstruksi dan Rehabilitasi - BRR), Dr. Kuntoro Mankusubroto, this unit

is seen as largely effective in assisting the President deliver his executive orders.

SAJI will also continue to push for the establishment of the Government Steering Committee and

Technical Government Team. During the reporting period, the A2J Secretariat developed a working

paper that justifies why the Steering Committee and Technical Government Teams are needed, their

12

role, structure and composition. This will be used by the Directorate of Law and Human Rights in

BAPPENAS to leverage support from the Minister of BAPPENAS, and other ministries/institutions, to

establish these two teams. The working paper is now under review by the Minister of BAPPENAS. The

Directorate of Law and Human Rights is optimistic the Minister will soon release a Decree which

officially appoints team members.

Box 3: Output 1 Target Progress

Indicator Annual Target5 Progress Status

6

1) Progress in the institutional development of the National Access to Justice Secretariat

2) Progress in the mainstreaming of the Key Action Plans of NSA2J into the work plans and budgets of target government institutions and agencies at the national level

3) Progress in

the

mainstreami

ng of the Key

Action Plans

of NSA2J

into the

work plans

- Full staffing of the Secretariat; everyone trained on results-based management; SOPs developed and adopted

- 3/5 Secretariat staff have been mobilized, including:

Office Manager;

NSAJ Mainstreaming Analyst (in charge of advocacy and coordinating NSA2J implementation); and

The Monitoring, Reporting, and Knowledge Management Officer.

- These 3 Secretariat staff are also shared by the project

- All Secretariat staff members have been trained on

result based management

- The SOP has been developed and adopted

Partially achieved

- At least 1 Steering Committee meeting held

- The Steering Committee has not yet been established for reasons outlined above

Not achieved

- At least 3 technical government team meetings held

- The Technical Government Team has not been established for reasons outlined above

Not achieved

- At least 2 donor coordination meetings held, and joint-2012 annual work plan produced

- 1/2 donor coordination meetings held - A joint annual work plan was produced in November

2012 for 2013, involving BAPPENAS, and SAJI government partners

Partially achieved

- NSA2J intensely socialized to all relevant directorates of BAPPENAS

- NSA2J socialized to relevant directorates in BAPPENAS, especially those in charge of labour, forestry, migrant workers, and child protection issues.

- SAJI needs to intensify such efforts however

Partially achieved

5 SAJI will recommend the revision of the annual targets during the next Project Board Meeting. This is because targets are not

clearly aligned to the baselines and indicators, and it is not always readily apparent how the targets further the output 6 An annual target is considered ‘partially achieved’ when 66-99 percent of the target has been accomplished

13

and budgets

of target

government

offices at the

subnational

level

4) Level of public awareness on the National Strategy on Access to Justice and its Action Plans

- Gap analyses produced for and socialized to at least 4 government institutions

- Gap analyses produced for and socialized to 5 government institutions/minsitries

Fully achieved

- At least 10 of the Action Plans of NSA2J mainstreamed and implemented by target institutions

- At this time, it is still difficult to quantify the number of action plans implemented by the relevant ministries, as the NSA2J does not easily translate into the annual work plan templates of the ministries/institutions, and because indicators and targets are not reflected in the NSA2J

- However, the results of the newly updated gap analysis (2012), found five key ministries/institutions were implementing most of the individual sector strategies of the NSA2J including:

The Supreme Court;

Ministry of Law and Human Rights;

Ministry of Women and Children Empowerment;

Ministry for Social Affairs; and

Ministry of Home Affairs - Comprehensive data for this target will be collected

in 2014, following the revision of the NSA2J, and the development of the 2014 annual work plans of the ministries/institutions

N/A

- A2J training modules developed, adopted, and piloted by at least 1 of the target formal justice institutions and oversight bodies (Supreme Court, AGO, the Police, local courts, Judicial Commission and Police Commission)

- A2J training modules are currently being developed - The module will cover thematic NSAJ sectors and will

be aligned with SAJIs three priority areas (i.e. legal aid, complaints handling, and informal justice)

Not achieved

- At least 5 local government offices socialized on NSA2J and provided with technical support to adopt Strategy recommendations

- NSA2J socialized to 5 targeted provincial governments through exhibitions, meetings, etc.

- In 2012-13, the national government will be the focus for technical support

- In 2014, the provincial governments will also be targeted for such support

- Support at the national level will focus on implementing broader NSA2J recommendations. Support at the provincial level will focus on implementing strategy recommendations in SAJIs three thematic areas (i.e. informal justice, public complaints mechanisms, and legal aid)

Not achieved

14

- At least 50,000 Indonesians reached with information or media coverage on A2J

- Well over 50,000 Indonesians reached through the journalism award and national conference events, SAJI newsletters, radio talk-shows, media trips, and TV ads

- Highlights are as follows: • Approximately 2,400,000 listeners across all 33

provinces reached through 4 radio-talk shows (on legal aid and the NSA2J)

• 7/18 targeted national media covered the journalism award

• A media trip to Ternate, resulted in media coverage by 2 national media outlets (i.e. Tempo English and Kompas)

Fully achieved

Overall achievement : Not Achieved

Contribution to Longer-Term Results NSA2J seeks to better represent the needs and interests of poor and vulnerable groups, increase their

participation in justice mechanisms through better access to justice, and the effectiveness of justice

providers and institutions in upholding their rights. Participation, representation, better access, and

effectiveness are central themes woven into the four outcome statements. The Outcome 1 statement

best suggests why – the result is “more equitable and accountable resource allocation and better

protection of vulnerable groups”. The poor and vulnerable can utilize financial and non-financial

resource to overcome poverty, and are brought within the law’s protection.

In order to ensure successful NSA2J implementation, the project works to: i) leverage political support

and coordinate efforts through the A2J Secretariat, the Steering Committee and Technical Working

Teams; ii) overhaul the legal, policy and regulatory instruments referred to in the NSA2J, and iii) extend

technical advice to key ministries/institutions in NSA2J implementation. Although it is early-on in

project implementation, there are already some indications of long term changes thanks to project

support (see, box 2 above).

Following UNDPs withdrawal, the A2J Secretariat will continue to carry out tasks i)-iii) above. The

proposed integration of the NSA2J into the new RPJMN, will give the A2J Secretariat a larger window

of time to ensure successful NSA2J implementation, and the achievement of the four outcomes.

15

Output 2

“Improved public complaint/grievance handling mechanisms (PCMs) in government

institutions at both national and subnational levels”



1) Presidential Regulation on ‘Public Complaints Mechanisms’ Drafted

A Presidential Regulation on ‘Public Complaints Mechanisms’ was drafted in 2012, thanks to

project support. The draft Presidential Regulation is in line with the NSA2J, since it supports

two of its six cross-cutting strategies: i) the development of PCMs, and; ii) the development and

implementation of standards for public service delivery.

The PCM feedback mechanism will help increase efficiency and professionalism within the

bureaucracy, by making service provision more representative of the needs and interests of

poor and disadvantaged groups. The public, especially the poor and vulnerable, can better hold

ministries/institutions to account, and will be provided with remedies to address their

grievances.

Law No. 25/2009 on’ Public Services’, mandates the establishment of PCMs in every national

and subnational public service provider, but it does not detail the technical requirements and

minimum operational standards needed for PCMs. Such information is provided under this

draft regulation.

The regulation was drafted by an inter-ministry team led by the Office of the Ombudsman.

This team consisted of the Ministry of Home Affairs, Ministry of Administrative and

Bureaucracy Reform, and the Cabinet Secretariat, and reflected further inputs from the

provinces of Surabaya, Manado, Palu and Gorontalo. 2013, is likely to see the formal

endorsement of this Presidential Regulation, and the implementation of the national regulatory

framework on PCMs. Currently the Presidential Regulation is under review by the President.

Key results:

The strengths and weakness of PCMs housed in the Supreme Court, Judicial Court, the National Human Rights Commission (Komisi Nasional Hak Asasi Manusia – KOMNAS HAM) and the Office of the Ombudsman were examined through a SAJI commissioned study.

With a PCM case settlement rate nearing 100 percent, the Ombudsman was identified as a strategic and competent partner.

The Ombudsman, with support from SAJI, ensured technical requirements and minimum operational standards needed for PCMs, which were reflected in the draft Presidential Regulation on ‘Public Complaints Mechanisms’

In coordination with the Ombudsman, the project identified three districts /cities for piloting of the PCMs.

16

2) Districts/Cities Identified for Piloting of PCMs

In parallel, the project, together with the Office of the Ombudsman, selected the districts/cities

of Bener Meriah (Aceh), Palangka Raya (Central Kalimantan) and Palu (Central Sulawesi) to

pilot the PCMs. The PCMs will either be housed in the Office of the Mayor or in strategic public

service providers/agencies covering public sectors like education, health, civil documentation,

and licensing. These PCMs will operate according to the technical requirements and minimum

operational standards outlined in the draft Presidential Regulation discussed above. The total

number of people that will directly and indirectly benefit from the PCMs in these three

districts/cities amounts to approximately 692,493 people (see, box below). Once the public

sector areas are identified, more disaggregated data will be available.

Box 5: Indirect & Direct Beneficiaries of PCM Pilot

District Total Population (People)

Bener Meriah 125,076

Palangka Raya 224,663

Palu 342,754

Total 692,493

Source: BPS Aceh (2011); BPS Palangka Raya (2011); and BPS Palu (2011)

The Mayors in the three pilot districts/cities have agreed to provide the necessary human

resources and hardware to get the PCMs up and running. PCMs will be staffed with full time

government civil servants, and equipped with, at a minimum, required office space, a phone

line, and email address.

The Office of the Ombudsman, with support from SAJI, will provide capacity building to

appointed PCM staff, technical assistance, and disseminate information about PCM services to

indirect and direct beneficiaries.

The project’s PCM model will be reviewed after one year to assess the effectiveness of PCMs

and its actual reach to poor and marginalized citizens. Recommendations on areas for

improvement will be transferred to these district governments for follow up, and best practices

and lessons learned will disseminated to other districts, for the upscaling of PCMs, consistent

with the draft Presidential Regulation.

Challenges & Responses

The successful implementation of the PCMs is dependent upon the political will of the Mayors and

support from their citizens. In order to maintain political momentum, SAJI together with the Office of

the Ombudsman, must work closely and effectively with the selected district/city governments. At the

17

provincial level, two out of three of these districts/cities, are already supported directly by offices

representative of the Ombudsman. In 2013, a representative office will also be established in the last

targeted district/city (i.e. Central Kalimantan). Support from SAJI and the Office of the Ombudsman

will be channeled through these offices. In doing so, SAJI minimizes costs, and increases government

ownership, and hopefully effectiveness, over PCM results. In order to facilitate public interest in the

PCMs, SAJI will develop and implement a communications strategy designed to increase community

knowledge about the PCM pilots. It will also provide technical assistance to PCMs to meet the public’s

demand for support, and its capacity to effectively address public grievances. If the PCMs are capable

of doing this, the public will continue to use the PCMS over the long term, and there should be a

correlated increase in the effectiveness of service provision by select agencies.


Indicator Annual Target Progress Status 1) Progress made

in the establishment of special measures to ensure access for the poor and the marginalized in target institutions

2) # of integrated public complaint/grievance handling mechanisms

3) # of lodged complaints responded through a referral systems amongst different state agencies/institutions.

4) # of citizens obtaining satisfactory outcomes from the PCMs

5) Progresses made in the monitoring and evaluations of the PCM performance of target institutions

- Comprehensive mapping of the existing PCMs, their challenges, and recommendations finalized and socialized for at least 4 of the target institutions (Ombudsman, National Human Rights Commission, , Judicial Commission, and Ministry of Law and Human Rights)

- Comprehensive mapping of the existing PCMs, their challenges, and recommendations finalized in Q2 2012 through a study, and the results of that study socialized to 4 target institutions

Fully achieved

- Design of the subnational integrated complaint/grievance handling mechanisms completed at least for 1 target location

- Design of complaint/grievance handling mechanism (PCM) completed for national and sub-national levels

- The design was spearheaded by the Office of the Ombudsman with support from SAJI, in addition to the Ministry of Home Affairs, Ministry of Administrative and Bureaucracy Reform, and the Cabinet Secretariat

- This design has been translated into a draft Presidential Regulation

- The design was developed in consultation with Surabaya, Manado, Palu and Gorontalo

- PCMs are to be piloted in three districts (i.e. Bener Meriah, Palangka Raya, and Palu)

Fully achieved

- At least 3 subnational representatives offices of Ombudsman supported

- 3 subnational representative offices of the Ombudsman (in Aceh, Central Sulawesi and East Java) supported to engage in provincial consultations on the PCM design

Fully achieved

- Design of effective - Design of effective special Not achieved

18

special assistance/ mechanisms for the poor and the marginalized produced in consultation with at least 2 of the target institutions

assistance/mechanism for the poor and marginalized integrated into the PCM by the Ombudsman in consultation with 3 national target institutions (Ministry of Home Affairs, Ministry of Administrative and Bureaucracy Reform, and the Cabinet Secretariat)

- This design has then been translated into the draft Presidential Regulation

- More effective special assistance/mechanisms planned in 2014. An assessment will be undertaken on the piloted PCMs that maps the profile of complainers, and identifies special assistance/mechanisms needed to facilitate better access for the poor and marginalized

- At least 5 workshops

conducted for CSOs and

journalists to

disseminate the

information of

government PCMs

- 7 national and sub-national workshops

and 2 media talk shows conducted for

CSOs, journalists, etc to disseminate

information about the design and piloting

of the PCMs

Fully achieved

- All of the grantees selected, and contracted, and trained

- SAJI in discussion with the UNDP Country Office on the most effective mechanism for grants disbursement

Not achieved

- At least 100 community paralegals or citizen advisors trained in providing better access to PCMs for their communities

- This will occur once the three pilot PCMs are up and running

- This target also contributes to achievement of legal aid initiatives under Output 3

Not achieved

Overall achievement: Partially achieved

Contribution to Longer-Term Results

Similar to Output 1, the PCM under Output 2 aims to better represent the needs and interests of poor

and disadvantaged groups, and increase the effectiveness of service providers. Effective public

complaints handling will provide citizens with a mechanism to claim and defend their rights. At the

same time, public feedback through the PCMs, will drive evidenced based policy making, planning and

budgeting, since governments can map weaknesses in service delivery, and make necessary

improvements.

The new Ombudsman, established through Law No.37/2008, will play an important role in protecting

human rights and in facilitating access to justice through the PCMs. The NSA2J foresees this: a

stronger role by the Ombudsman in public complaints processing; and the establishment of provincial

offices, are two of its seventeen cross-cutting strategic objectives. The PCM study also affirmed the

19

importance and strong capability of the Ombudsman in complaints handling. A key recommendation

from this study was that the project partners with the Ombudsman to develop the Presidential

Regulation on ‘Public Complaints Mechanisms’ and to pilot the PCMs.

Output 3

“Access to justice in informal justice systems increased, particularly for women and

vulnerable groups”

This output consists of two components: 3.1 furthers access to state funded legal aid, and; 3.2 furthers

access to customary (adat) justice channels. When the project document (prodoc) was signed with the

government partner, this output was broken down into two distinct outputs, which mirrored these two

components (see, footnote 1). However, the cost-sharing agreement (CSA) signed with Norway, which

predates the formal approval of the prodoc, only referred to one. This report uses the CSA output

statement, but is structured so it captures results under the two prodoc outputs.

3.1 Access to State Funded Legal Aid Services Improved

Box 7: Key Results under Component 3.1

Progress towards Component 3.1

1. Regulations Drafted and Funds Mobilized for Implementation of Law No. 16/2011 on ‘Legal Aid’

Law No. 16/2011 on ‘Legal Aid’ mandates the provision of free legal aid services to the poor.

Following the enactment of the law, the government assigned BPHN the responsibility of

operationalizing the law through the development of national regulatory mechanisms, the

allocation of state funds, and partnerships with legal aid organizations.

To this end, the project supported BPHN to undertake the following:

• Draft a Government Regulation on ‘Mechanisms for Legal Aid Funds Distribution’, which clearly

outlines how funds are to be transferred to selected legal aid organizations

Key results:

Derivative regulations needed to operationalize Law No.15/2011 on ‘Legal Aid’ now drafted with project support. As a result, free legal aid can be rolled out in 2013.

Around IDR 53 billion (USD 5.5 million) in funds earmarked for 11,000 poor justice seekers in 2013. Indonesian Legal Aid Foundation (Yayasan Lembaga Bantuan Hukum Indonesia – YLBHI) closes 75 percent of legal aid cases each year (YLBHI n.d.). If other legal aid providers are similarly effective, around 8,250 poor justice seekers cases will be resolved by the end of 2013.

20

• Draft a Minister of Law and Human Rights Regulation on the ‘Verification and Accreditation of

Legal Aid Organizations’, which specifies how legal aid organizations can become eligible for

funding

• Draft a Minister of Law and Human Rights Regulation on ‘Standards for Legal Aid Service

Provision’, which outlines minimum quality service standards for legal aid providers, and

mandates compliance with these standards

• Establish an independent verification and accreditation team that will assess and select

qualified legal aid organizations to become government partners based on these draft

regulations

• Mobilize a legal aid budget amounting to approximately IDR 53 billion (USD 5.5 million) for

2013 which targets 11,000 poor justice seekers throughout the country

SAJI did so, through largely technical, and some financial, support in:

• The mobilization of the legal drafting teams

• Mapping of constraints to effective legal aid provision with proposed solutions incorporated

into the regulations

• Facilitating CSO input/feedback on these regulations through workshops and radio talkshows

• The development of BPHNs work plan and budget

• Resource mobilization

Concessions made in the aforementioned

regulations as a result of SAJI support, include the

relaxing of requirements with regards to proof of

identity. It is estimated that currently 50-80 million

Indonesian’s are without a birth certificate or some

other form of identification (BPS, 2010). Most of

those affected, are from poor and marginalized

groups – the groups targeted under this

component. According to the draft Government

Regulation on ‘Mechanisms for Legal Aid Funds

Distribution,’ the absence of such documentation

does not preclude an individual from accessing legal

aid. In fact, legal aid organizations are required to

take care of such documentation as part of their services.


According to Law No. 16/2011 on ‘Legal Aid’, legal aid services should be rolled out by early January

2013. However, the finalization of draft regulations needed to operationalize this law, took longer than

expected. The role of paralegals, the development of acceptable criteria on what constitutes a ‘poor

person’, and technical requirements with regards to the disbursement of legal aid funding, proved

contentious. This has pushed back the January deadline to August 2013. In order to facilitate

government preparedness in the implementation of the law, SAJI will help facilitate the verification and

Media Coverage on Radio Talkshows

21

accreditation of legal aid organizations in its five target provinces. SAJI projects approximately 30 legal

aid organizations will be supported in these five provinces. It will also provide capacity development

support to these organizations prior to the disbursement of legal aid funding in August.


Indicator Annual Target Progress Status

1) Progress made in

development of

regulation,

accreditation and

monitoring

mechanisms that

guarantee access to

justice for the poor

and marginalized

through state-funded

legal aid;

2) # of mechanism

established in

selected provinces

that translates the

regulatory

frameworks into

effective delivery of

state legal aid

services to the poor

and the

marginalized;

3) # of beneficiaries who access the state-funded legal aid services, as a result of the project.

- Supports provided for BPHN’s led team in the development of government and ministerial regulations to implement the legal aid bill no. 16 of 2011

- Technical and financial support provided to BPHN and the drafting teams assigned to develop three derivative regulations on Law No.16/2011 on ‘Legal Aid’, as discussed above

Fully achieved

- Accreditation mechanism to certify organizations able to received state fund for legal aids developed.

- Accreditation mechanism developed to facilitate access to state funding for certified legal aid providers through draft Minister of Law and Human Rights Regulation on the ‘Verification and Accreditation of Legal Aid Organizations’

Fully achieved

- Legal aid CSOs inputs were facilitated and incorporated into the government and ministerial regulations aimed to ensure access of the poor and the marginalized to the state funded legal aid services

- Legal Aid CSOs facilitated to provide input and inputs incorporated, into the draft regulations

- Examples of CSOs included: ○ Indonesian Legal Aid

Foundation (Yayasan Lembaga Bantuan Hukum Indonesia – YLBHI)

○ Indonesian Women's Association for Justice and Legal Aid Institute (Lembaga Bantuan Hukum Asosiasi Perempuan Indonesia untuk Keadilan - LBH-APIK)

○ National Commission on Violence Against Women (Komisi Nasional Anti-Kekerasan Terhadap Perempuan – KOMNAS Perempuan)

Fully achieved

- Capacity

development of

BPHN team in

disseminating the

legal aid bill into

public audiences.

- Support given to BPHN team to

disseminate the legal aid bill to

public audiences through 4

workshops in 4 of its targeted

provinces (i.e. Aceh, South

Sulawesi, North Maluku, and

Maluku), 4 national radio

talkshows, 2 radio talkshows in 2

Fully achieved

22

targeted provinces, newsletters,

and TV advertisements

- Monitoring mechanisms on the progress and quality provision of the legal aid services developed

- Monitoring tools will be developed from March 2013

- A data tracking system, that will track the delivery of legal aid services, has been proposed through a concept paper

- This data tracking system will be housed in BPHN

Not achieved


Contribution to Longer-Term Results In Indonesia, there is one advocate to every 953 poor people, with approximately 30,000 advocates

(Ratnaningsih/YLBHI n.d.) serving around 28.6 million potential clients/poor people (BPS 2012). Under

the new legal aid bill and draft regulations, the criteria for what constitutes a legal aid provider has been

widened to include other legal providers like paralegals. Nonetheless these figures hint at a serious

supply (i.e. access) issue. This supply issue is driven by limited capital and capacity on the part of legal

aid providers to supply legal aid that is both free and effective.

Law No. 16/2011 on ‘Legal Aid’ promises to address the first issue (i.e. limited capital). During the

reporting period, the project assisted BPHN to operationalize this law through the development of

derivative regulations. In August 2013, free legal aid will be rolled out. Expected beneficiaries during

August-December, amount to 11,000 people. In 2013-15, SAJI will tackle the second issue (i.e. capacity

gaps in legal aid providers) through training and capacity development support.

23

3.2 Access to Informal Justice Channels Increased

Box 9: Key Results under Component 3.2

Progress towards Component 3.2

1. Central Government Support of Informal Justice Mechanisms on the Rise

Most Indonesians turn to the informal or customary (adat) justice system for dispute resolution.

After long being viewed as archaic and incompatible with the modern justice system, and

subsequently abandoned by the government, the central government has now done a dramatic

about-face. Strengthening the informal justice system is now seen as synonymous with

strengthening access to justice in Indonesia. Steps have been taken to improve the effectiveness

of Indonesia’s informal justice system, including through clearer jurisdictional boundaries between

the formal and informal justice systems. In 2012, such steps included an overhaul of Indonesia’s

legal and regulatory framework. This is reflected by the drafting, and/or endorsement of the

following laws and regulations:

• Article 6 of Law No. 11/2012 on the ‘Juvenile Criminal Justice System’, stipulates informal

justice mechanisms should be prioritized in the settling of criminal cases involving children

• Draft Law on the ‘Recognition and Protection of Customary Law Communities’, particularly

Article 18, provides local communities with greater authority to implement their customary

laws through the adat justice system

• Supreme Court Regulation No. 2/2012 on ‘Adjustments to the Boundaries of Petty Offences

and Penalties under the Criminal Code’, recommends the informal justice system is used to

settle petty offences. Under former provisions, perpetuators who embezzled or stole money to

Key results:

Increased government recognition and support for informal justice mechanisms is apparent, at both the national and subnational levels. With SAJI support:

o The National Law Development Agency’s (Badan Pembinaan Hukum Nasional – BPHN) Research and Development Center indicated it will make a formal request to the Project Board to become a responsible party under this component

o In Aceh, the number of districts allocating APBD funds for informal justice provision increased by more than fivefold in 2012, compared to 2010

o The Central Sulawesi Governor sanctioned the establishment of a working group tasked with informal justice system reform

Lessons learned from Aceh suggest reform of the adat justice system is dependent upon government support. Currently, over 75 percent of disputes are channelled via village and cultural (adat) leaders (World Bank 2013). For the poor and vulnerable, the adat justice system is the first and last point of recourse in dispute settlement. However, irregularities in adat processes, and disproportionately in outcomes, mean decisions are not always fair and just. Government recognition and support for adat reform is one important step to achieving access to justice.

24

the amount of IDR 25,000 were considered serious criminal offenders, and could be directly

detained. Now the figure has been increased to IDR 2,500,000.

Such steps have been necessary to ensure mutual complementarity rather than competition

between the two systems.

Under component 3.2, the project has recently secured support from a new and strategic partner:

BPHN. BPHN is strategically placed to spearhead national efforts for adat justice reform, since it is

the agency responsible for identifying and investigating current justice reform initiatives deemed

innovative. BHN’s Research and Development Center has indicated to SAJI that it will make a

formal request to the Project Board to become a responsible party under this component. It has

also incorporated adat socialization and awareness raising activities into its 2013 annual work plan.

For example, it intends to host provincial level workshops that promote the trying of petty offences

through the adat justice system. This is consistent with Supreme Court Regulation No.2/2012,

discussed above. Traditionally, adat has only applied to a closed community/cultural group.

However, petty crimes usually involve people from other community groups. The Supreme Court

Regulation, and BPHNs actions, might further revolutionalize adat.

2. Process of Upscaling Aceh Informal Justice Model On Track

Since 2007, UNDP has supported the Aceh Customary Council (Majelis Adat Aceh – MAA) to

strengthen its informal justice system. MAA decision making processes are now directed by an

adat justice guideline, which has resulted in the more just and timely settlement of disputes.

According to the results of a beneficiary satisfaction survey (discussed in more detail later), around

91 percent of poor justice providers are satisfied with adat justice processes and outcomes. District

governments advocate the use of adat justice services, and provide funding through their district

budgets (Anggaran Pendapatan Belanja Daerah/APBD). In 2010, only two out of 23 districts/cities

(8.7 percent) allocated funds for informal justice service provision. In 2012, this had increased by 11

districts/cites, to 13 (56.3 percent). According to testimonials from police, there is increased

synergy between the adat and formal justice systems in Aceh, particularly in petty criminal cases.

This is largely due to greater clarity about the jurisdictional boundaries between the informal and

formal legal systems, which are described in the adat justice guideline. Survey results also indicate

that women are increasingly involved in adat justice service provision, particularly in cases involving

gender based violence and discrimination, and/or disputes relating to marital rights.

25

Box 10: 2012 ABPD Budget Allocations for Adat Justice Service Provision in Aceh by District

No. Aceh Districts/Districts that Allocated ABPD funds 2012 ABPD Budget Allocation (IDR)

1 Simelue 300,000,000

2 Aceh Tengah 50,000,000

3 Lhokseumawe 600,000,000

4 Abdya 140,000,000

5 Aceh Tenggara 600,000,000

6 Aceh Jaya 1,000,000,000

7 Sabulussalam 340,000,000

8 Nagan Raya 700,000,000

9 Aceh Singkil 790,000,000

10 Aceh Selatan 329,000,000

11 Banda Aceh 1,600,000,000

12 Pidie 150,000,000

13 Aceh Utara 778,000,000

In Central Sulawesi, the provincial government wants to replicate the Aceh model. The Governor

has issued Decree (Surat Keputusan/SK) No. 180/592/RO.HUK-G.ST/2012 which sanctions the

establishment of a ‘Working group to Revitalize the Adat Justice system in Central Sulawesi’. The

decree paves the way for further engagement by SAJI with government and non-government

actors in Central Sulawesi to replicate lessons learned and best practices from Aceh.

26

SAJI is confident the Aceh model can be successfully replicated in Central Sulawesi. A 2007 UNDP

‘Access to Justice Survey’ revealed many similarities between the Aceh and Central Sulawesi adat

justice systems. A 2012 rapid assessment spearheaded by SAJI, validates these findings. Central

Sulawesi communities, especially those based in rural areas, rely heavily on adat mechanisms to

resolve community disputes. Even though adat laws remain unwritten, in a few localities like

Kulawe, adat involves established procedures, as well as mediation and negotiation techniques.

However, irregularities in adat processes and disproportionately in outcomes remain problematic.

Around 409,000 people live below the poverty line in Central Sulawesi (BPS 2012). If Central

Sulawesi can successfully replicate the Aceh model, these people, who have more limited recourse

to justice, will be afforded better protection under the law.


SAJI needs to convince key Central Sulawesi decision makers that the replication of the MAA will not

contravene existing laws. According to some decision makers, the MAA is legally acceptable in Aceh

because of its ‘special status’. However, it may not be in an ‘ordinary province’ like Central Sulawesi.

This is despite the fact that Central Kalimantan has not encountered any legal difficulties in the

enactment of a by-law that sanctions the establishment of an adat council in its province. The MAA

lead the development of the adat justice guideline in Aceh, and the capacity development of adat

actors. Coordination in efforts to strengthen the adat justice system in Central Sulawesi will be difficult

without its establishment.

SAJI will work closely with the ‘Governor’s Working Group to Revitalize the Adat Justice System in

Central Sulawesi’ to counter such misperceptions. It will supply the group with information about adat

justice models beyond Aceh like Central Kalimantan, legal analyses from authoritative legal professors

on this issue, and strengthen engagement with BPHN and BAPPENAS who support the MAAs

replication.



1) Progress made in development of local regulations, agreements, institutions and/or guidelines that improve the clarity, accountability, and fairness of informal justice systems in target locations

- Selection of key partners and most appropriate project locations to implement the informal justice programme based on the assessment of socio-legal landscape and partner availabilities

- Selected key partners and most appropriate project location (i.e. Central Sulawesi)to replicate the Aceh informal justice model based on the results of a rapid assessment and consultation with key stakeholders

- In 2013, another project location will be selected for the replication of the Aceh model

Fully achieved

- Preparatory advocacy, consultations, and workshops conducted to establish or

- Preparatory consultations and policy dialogue to establish an institutional body that can represent and coordinate informal justice leaders in South Sulawesi districts conducted

Fully achieved

27

2) Level of improvement among informal justice actors in the knowledge of human rights (particularly concerning women and vulnerable groups) and the Guidelines; as well as in mediation and case document and management skills

3) Number of women provided with legal information and socio-political capacity building support; and the level of increase in the availability and accessibility of paralegal and legal support to women who wish to seek justice outside of the informal system

4) % increase in the number of beneficiaries who say they have obtained better dispute resolution and justice outcomes from the informal system, as a result of the project

strengthen an institutional body that can represent and coordinate informal justice leaders in all target locations

- Participants included the South Sulawesi Governor and provincial government, adat leaders, BAPPENAS, BPHN, MAA, police, and academy

- The Governor made a commitment to replicate the Aceh informal justice model

- However, more work is needed to ensure MAA is replicated in Central Sulawesi

- Draft regulations and/or guidelines produced and deliberated by both formal and informal justice leaders in target locations, to improve the clarity and accountability of the informal justice system and to strengthen collaboration between the two systems

- Adat justice guidelines drafted in consultation

with formal and informal justice leaders in

Central Sulawesi.

- This guideline is currently being reviewed by a

consultant

Fully achieved

- Informal leaders

training modules

developed

- In Aceh, the module has been developed and

included in the revised edition of the Aceh

Adat Guideline, which will soon be published

- This module will be developed in Central

Sulawesi following the development of the

guideline, which forms the basis of such

training

Not achieved

- Grantees selected and contracted to increase women’s participation and representation in operationalization of the informal justice mechanism

- A new grant agreement with MAA was made to further increased participation and representation in the operationalization of the informal justice mechanism by women and indigenous groups

Fully achieved


28

Contribution to Longer-Term Results A failure by earlier governments to consider adat justice as an integral part of the justice system has

meant this system has not been properly regulated. Irregularities in adat processes, disproportionately

in outcomes, and gender-biased decision making are just some of the results. Despite its problems,

adat justice is heavily relied upon. The World Bank (2013), in fact, claims more than 75 percent of legal

disputes are channelled through village and cultural (adat) leaders. What is less clear is whether such

disputes end here. For the poor and vulnerable however, adat remains their first and last recourse to

justice. Government recognition of adat justice as a legitimate part of the justice system, and

concerted efforts to regulate it, promises to afford the majority, and the vulnerable minority, with fair

and impartial adat justice outcomes. Innovative initiatives supported by the project, like the MAA and

adat justice guideline, provide insight to government partners like BPHN on how to better regulate this

system.

Output 4

“Knowledge management to inform policies and initiatives to effectively strengthen

access to justice”


Key results:

A beneficiary satisfaction survey and assessment was undertaken on the adat justice system in Aceh. In 2013, this activity will be replicated in Central Sulawesi. The adat justice system continues to operate nation-wide without quality performance monitoring. SAJI will work closely with national and subnational governments to ensure the results of the survey and assessment are used to inform evidenced based policy making on adat justice.

In Indonesia, SAJI has supported progress reporting on the broad implementation of international human rights instruments, as well as specific instruments like the ‘Convention on the Elimination of All Forms of Discrimination against Women’ (CEDAW). Based on these results, a series of recommendations have been transferred to the Indonesian Government by the Human Rights Council and the CEDAW Committee for follow-up. SAJI will support relevant UN agencies in monitoring compliance with these recommendations, and their effectiveness in supporting access to justice.

29


1. Preliminary Survey and Assessment Results on Aceh’s Adat Justice System Available

Around 91 percent of Aceh’s informal justice users (disputants and offenders) are satisfied with adat

justice processes and outcomes, according to early survey and assessment results from PT Multi

Area Conindo (See, Boxes 12 and 13)

In total 450 informal justice users were surveyed, including 300 disputants and 150 offenders. Of

this figure, 32 percent of informal justice users were female, and 68 percent were male. 379

informal justice users were from the UNDP supported intervention area, while 76 respondents were

from the control area.

The results of the survey indicate the adat justice system has improved in Aceh over the past five

years, with improvements more marked in UNDP intervention areas.

Box 12: 10 Satisfaction Indicators

30

2. Knowledge-Sharing within UN System Used to Strengthen Human Rights Enforcement

The project provided inputs into a UN report on government progress in human rights

implementation that was transferred to the Human Rights Council during its Universal Periodic

Review (UPR). Established through UN General Assembly Resolution 60/251 in March 2006, the

UPR is designed to improve the human rights situation of countries, by addressing human rights

violations whenever and wherever they occur.

During the UPR session, the Human Rights Council acknowledged Indonesia’s achievements over

the past four years. Highlights include the:

- Adoption of the human rights action plan

- Consideration of human rights within the education curricula

- Ratification of the UN Convention on Migrant Workers

- Ratification of two optional protocols on the Convention of the Rights of the Child

- Spearheading the development of a regional human rights mechanism through ASEAN

However, the Council recommends more effective action be undertaken against religious

intolerance, gender based discrimination and violence, torture, and trafficking of women and

children. It asked Indonesia to:

- Strengthen its legal framework

- Strengthen justice and human rights institutions and mechanisms

- Ratify the Rome Statute on the International Criminal Court

- Strengthen human rights and awareness raising

- Continue to assume an assertive role in human rights promotion in the region

Box 13: Sub-Indicators on Adat Satisfaction in Aceh

31

Similarly, the project supported the attendance of three government officials during the

‘Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)’

Committee session in New York. During this session, the sixth and seventh Indonesian state

reports on CEDAW implementation were discussed. Ms. Erna Pricilia (Secretary, National Law

Development Agency), Ms. Prahesti Pandanwangi (Senior Staff, Ministry of Law and Human

Rights), and Dr. Zudan Arif Fakrulloh (Head of Legal Bureau, Ministry of Home Affairs), supported

Indonesian delegates led by the Minister of Women’s Empowerment and Child Protection during

the session. These three participants provided detailed information on by-laws deemed

discriminatory by the Committee at the behest of the Minister.

The CEDAW Committee session resulted in commitments from these three government agencies

to support the Ministry of Women’s Empowerment and Child Protection to address allegedly

gender discriminatory by-laws that remain in place in some subnational areas in Indonesia.

Recommendations to be undertaken include:

1. Facilitating a case study that assesses the impact of one of the allegedly discriminatory by-laws

on women, and undertaking policy dialogue with relevant local authorities on its proposed

amendment

2. Utilizing the case study results to educate selected local authorities, especially the executive

and parliament, on discriminatory by-laws

3. Developing and disseminating a guideline to subnational authorities on procedures for ensuring

the drafting of local laws are in compliance with international human rights standards, including

those relevant to women


UNDP has coordinated with UN sister agencies including the Office of the United Nations High

Commissioner for Human Rights (OHCHR), UN Women and the United Nations Population Fund

(UNFPA) to discuss how it can support these agencies to monitor the implementation of the above

recommendations. Although these recommendations further access to justice, the monitoring of

general human rights instruments and CEDAW form the core mandates of these three agencies.

SAJI has agreed to position itself as a supporting rather than leading actor in the monitoring of such

recommendations. It will facilitate better coordination between government agencies like the Ministry

of Home Affairs, BAPPENAS, and the Ministry of Law and Human Rights, with OHCHR, UNFPA, and

UN Women to ensure the enforcement of such recommendations. UNDP will also monitor its

effectiveness at the outcome level, on wider access to justice issues.

32



1) Progress made

in updating

information on

A2J situations in

Indonesia

2) Number of

publications and

reports

produced by

SAJI

3) Number of

government

policies, laws,

regulations, and

strategy papers

developed with

SAJI’s support

and research &

assessment

findings

- A2J (baseline) assessments in target project locations conducted in Q1-Q2 and disseminated (preferably in partnership with other development agencies working on A2J for maximum efficiency)

- A2J baseline assessment on the performance of the informal justice system in Aceh undertaken, with findings disseminated through 2 public events/workshops

- This activity will be replicated in Central Sulawesi in 2013, and Central Kalimantan in 2014

Not achieved

- At least 3 public events or workshops organized to disseminate the findings of the AJP and LEAD publications, as well as those of SAJI baseline assessments

- 4 public events/workshops organized to disseminate the findings of AJP and LEAD publications, and/or the SAJI baseline assessment:

The results of the SAJI baseline assessment were disseminated during a strategic meeting with project stakeholders

These results were also disseminated during a UNDP outcome review workshop

AJP and LEAD publications were disseminated during a National Assembly for Development Planning (Musrembangnas) exhibition held in May 2012

These publications were also disseminated during a Anti Corruption Commemoration Day held in December 2012

Fully achieved

- Contribute to at least one section in Report for the Universal Periodic Review on the country’s progress of human rights

- The Project contributed to the Indonesian UPR and CEDAW reports.

Fully achieved

Overall achievement: Partially Achieved

33

Contribution to Longer-Term Results SAJI seeks to sustain, and build on the results, of previous UNDP projects including, ‘Support to Justice for Peace and Development in Aceh’ (a.k.a. Aceh Justice Project – AJP)’ and ‘Legal Empowerment and Assistance for the Disadvantaged’ (LEAD). It does this by feeding information about best practices, lesson learned and knowledge products from these two previous projects and SAJI to government and non-government partners involved in policy making. By developing an output that’s focus is on strengthening these linkages, SAJI hopes to maximize the impact of project results.

34

The Role of Orang Tua Gampong in Ending Land conflict Land inheritance and titling issues are a common source of legal conflict in Aceh. It is one that was exacerbated by the tsunami due to the loss of land titling documents that proved definitive right of ownership. The adat justice guideline, stipulates that land disputes and inheritance issues, fall under the jurisdiction of the adat justice system. Village leaders known as Keucik are often called upon to mediate such conflict. This is what happened in Gampong Meusjid. Upon discovering banana trees planted on land belonging to that of his late father, Rus promptly cut the trees down. The fifty year old believed himself to be the rightful legal heir of land belonging to the late SY. He considered use of the land by a third party, illegal. The next day Abd, returned to the plot of land he had purchased from SY, aged 70, prior to his death. He discovered his banana trees gone, and Rus tending a new garden. A large quarrel between the two men resulted. Abd then reported the matter to the Keucik. The Keucik summoned the disputants as a part of informal justice procedures. During the proceedings, both Rus and Abd, explained what had occurred. Unsatisfied with their testimonies, the Keucik summoned village elders (orang tua gampong) who were purported to know the exact history of the disputed land. Testimonies from the orang tua gampong, and other witnesses, corroborated Abd’s story. The

Keucik ordered Rus to apologize to Abd, return the land to him, and reimburse him for his financial losses. Even though Rus lost, both parties found the decision acceptable and fair. The case demonstrates how land disputes can be peacefully settled through the informal justice system. The collective memories and wisdom of the local community, particularly the orang tua gampong, can often resolve the matter better than any outsider.

35

Cross Cutting Issues

Gender Mainstreaming Unfavorable gender relations prevent women in particular from accessing

justice. Poor women, like poor men, have difficulty accessing justice due to

the financial costs associated with such processes. Unlike poor men, poor

women face additional barriers due to cultural and political taboos which

discourage women from challenging their husbands and disclosing family

problems like gender violence and abuse in public. Poor women brave

enough to seek legal recourse, regardless of the weight of public opinion,

often turn to the informal justice system. Unfortunately, informal justice

mechanisms are still predominantly male dominated and do not always offer

fair and impartial justice outcomes for women (UNDP 2009).

SAJI recognizes the aforementioned problems, and addresses it through the

following gender strategy:

SAJI places women as a priority group and strives to advance gender

equality and the empowerment of women in Indonesia as a cross-cutting

priority of the project – be that legal aid, community-based justice, or public

complaint and grievance handling. SAJI will also use sex disaggregated

data within the project to gauge the impact of the project on women as a

target group, develop gender mainstreaming monitoring and evaluation

tools, and sensitize all its project staff and grantees to gender issues (UNDP

2012, 45).

One of SAJIs general project strategies is programming based on the NSA2J.

The NSA2J also explicitly recognizes the gender dimensions of access to

justice problems in Indonesia. It is for this reason, women are identified as

one of eight priority sector areas (see, Box 15).

As a result of extensive lobbying, SAJI has brought gender issues and

women’s representation to the attention of the Office of the Ombudsman

and BPHN. At the behest of the Office of the Ombudsman, the draft

Presidential Regulation on ‘Public Complaints Mechanisms’ prioritizes access

to justice for women and women’s needs. For instance, confidentially

concerns often prevent women from coming forth in lodging complaints for

fear of intimidation. Stringent confidentially clauses within the regulation

are designed to address this.

Thanks to SAJI lobbying, inputs from women focused legal aid organizations

including LBH-APIK and KOMNAS Perempuan have been considered by

BPHN in derivative regulations for the legal aid bill. For instance, legal aid

will now be available for women victims and witnesses of gender-based

Box 15:

The NSA2J identifies women as

one of eight priority sectors.

Key policy recommendations

for this sector are as follows:

Review local regulations

that are biased against

women

Include women’s needs

and experiences in law-

making and budgeting

processes

Increase support for

coordination among

justice institutions,

relevant government

agencies and civil society

organizations in handing

cases of violence against

women

Increase the awareness of

justice officials on issues

related to access to

justice for women

Make legal education

curricula gender

responsive

36

violence thanks to the suggestions of these two organizations.

Partnerships

The development and maintenance of partnerships is key to achieving sustainable and impactful

results. Such partnerships are complimentary rather than competing, and draw on each partner’s

comparative advantage. For instance, UNDP provides capacity development support to strategic

government ministries/agencies in order to achieve Output 1. Likewise, effective partnering with

strategic government ministries/agencies, ensures stronger government ownership and better chances

for sustained results (see, diagram above).

Examples of successful partnerships during the reporting period, are as follows:

SAJI closely collaborated with development partners including the World Bank’s ‘Justice for the

Poor’, Australian Indonesian Partnership for Justice (AIPJ), and the Tifa Foundation to advance

access to free legal aid. These partnerships have resulted in a number of joint efforts, including

support to the Ministry of Law and Human Rights in their efforts to disseminate the legal aid bill

and develop derivative regulations

USAID’s Change for Justice project has expressed their commitment to supporting NSA2J and

wider access to justice initiatives in Indonesia. USAID will work with the Supreme Court and

Attorney General to move forward with the institutional reform of these two law enforcement

agencies. Similarly, SAJI partnered with the Center of International Legal Cooperation (CILC), a

Netherlands based organization, to facilitate knowledge exchange between the Indonesian and

Netherlands Supreme Courts in 2012, through a field visit to the Netherlands. The visit

contributed to broadened views by the Indonesian delegation on the efficient administration of

• National govt ministries/institutions/agencies

• Subnational govts

• Civil society

• Universities

• Private sector

• Development Partners

• UN system

Who

• Capacity Development

• Oversight

• Harmonization

• Resource sharing

• Advocacy, awareness building

• Reformation

• Ownership

• Etc..

Method

• Outputs

• Outcomes

Results

Diagram 1: SAJI Partnership Strategy

37

the courts, as well as strengthened the relationship between the Indonesian Supreme Court and

its Dutch counterpart organization.

South-South Cooperation

Indonesia has placed South-South cooperation firmly on its foreign policy agenda. Its emergence as a

middle-income country and G-20 member has led to increased demands for it to play a larger role in

international affairs, including in the area of development cooperation. Indonesia is one of several

players who are now actively driving the ‘South-South Knowledge Exchange Agenda’. With SAJI

support, two such knowledge exchanges occurred during the reporting period:

Indian delegates visited Aceh in October 2012 to learn more about how Aceh’s informal justice

system use cultural norms to settle community disputes. During their visit, the Indian delegates

met top officials from the Aceh Provincial Police to learn more about the jurisdictional boundaries

between the formal and informal systems, and its cooperation with adat justice providers.

In November 2012, SAJIs National Project Director (NPD), Ms. Diani Sadiawati, attended a

workshop in India. During this workshop, she advocated the importance of more inclusive

approaches to policy development with reference to the NSA2J and derivative regulations for Law

No. 16/2011 on ‘Legal Aid’

Risk Management

Possible Risk Rating

7 Mitigation Strategy & Effectiveness of Mitigation Strategy

Political

Change of

leadership in

BAPPENAS and

target provinces

impacts

government

commitment to

sustain project

results

Impact: 3

Probability: 4

for

BAPPENAS

and 2 in

target

provinces

In the event of leadership changes within BAPPENAS, including changes to the NPD, UNDP and

SAJI would work to build trust, and provide regular and detailed information about SAJI Project

Management Unit (PMU) progress against its work plan and budget

In target provinces, the SAJI PMU and its responsible parties (RPs) would arrange a meeting with

incoming leaders, and ask them to remain committed to agreements with the previous

administration

Financial

Delays in transfer

of donor funds

affects

achievement of

Impact = 5

Probability =

3

If the donor has already committed to the transfer of funds, and delays arise due to

administrative reasons, the UNDP Programme Manager must notify the DGPRU Team Leader of

the situation. The Team Leader will in turn, request Senior Management to allow negative

expenditures to incur

In parallel, the UNDP Programme Manager must request the Team Leader and Senior

7 Impact refers to the effect on the project if the risk were to occur on a scale of 1 (low) to 5 (high). Probability is an estimation

of the likelihood of the risk occurring on a scale of 1 (low) to 5 (high)

38

results

Management immediately liaise with their relevant counterparts in the donor institution, to

explain the impact of this delay on project implementation. Solutions needed to ensure the

speedy transfer of funds must ensue

Operational

Sudden departure

of project staff

and/or

underperformance

by pre-existing

staff impacts

timely

implementation of

activities

Impact = 4

Probability =

2 for sudden

leave and 4

for

underperform

ance staff

The SAJI National Project Manager (NPM) will re-evaluate its human resources need, following

the departure of staff. It will inform the UNDP Human Resource (HR) Unit on any need to fill

vacant posts, for immediate follow-up

In staff underperform, the NPM will provide extra guidance to improve his or her performance. If no improvement occurs within a reasonable timeframe, the NPM will report the problem to the NPD, the UNDP Programme Manager, and/or the HR Unit to request a non-renewal of their contact. Necessary steps needed to ensure their speedy replacement will then be undertaken

Inability to place

staff in target

provinces affects

project

effectiveness

Impact = 2

Probability =

4

In order to achieve optimum results, the responsibility for activity implementation will be shared

jointly by SAJI and government counterparts/RPs. If PMU staff cannot be placed in target

provinces, SAJI PMU will provide support to government personnel remotely.

Lessons Learned SAJI has just begun project implementation, but it already leaves behind an important legacy: A legal

and regulatory framework that guarantees free legal aid, strengthens the informal justice system, and

mandates the establishment of PCMs. This legal and regulatory framework provides the government

with a strong legal basis for implementing activities designed to:

Further access to justice for the poor and marginalized through free legal aid

Legitimize adat justice decisions, and professionalize the informal justice system

Guarantee the public the right to seek remedy through PCMs in response to poor service

provision

This legal and regulatory framework will ensure better participation and representation by poor and

vulnerable groups in justice processes, and strengthen the effectiveness of justice providers in

delivering just outcomes, well beyond the project’s lifespan.

39

Conclusions and Ways Forward

During the next Project Board Meeting, it is essential project targets are re-evaluated. Currently,

targets are not clearly aligned to the baselines and indicators. Likewise, it is not readily apparent how

some targets further the output. This has created challenges in results based monitoring and reporting.

Any new cost-sharing agreement between the current and/or new donor(s) with UNDP, must reference

the signed and approved project document, to avoid inconsistencies in reporting to the donor and

government counterparts. During project board meetings, this project document can be amended. If

targets are revised, any new agreement must refer to this revised document.

The accelerated implementation of the NSA2J is also high on SAJIs agenda. Its incorporation into the

new RPJMN will extend the timeframe for its implementation, but an intensification and proper

coordination in efforts by the ministries/institutions requires a strong legal and regulatory basis for

implementation. SAJI and BAPPENAS will propose the enactment of a presidential regulation that

mandates its implementation, and strengthen the capacity of the A2J Secretariat to monitor the

progress of participating ministries/institutions through clearly defined indicators and targets.

Going into 2013, SAJI will continue to work with BAPPENAS, the Office of the Ombudsman, BPHN and

subnational government partners to deliver project results. Priority actions include:

1. Support the A2J Secretariat to lobby ministries/agencies to incorporate key NSA2J sector

strategies into their annual work plans and budgets

2. Assist the Office of the Ombudsman to develop the capacity of existing PCMs to handle and

effectively address public complaints, and to upscale PCMs to other regions

3. Help BPHN and the subnational governments of Central Sulawesi and Central Kalimantan to:

enhance adat justice including through the development of an adat justice guideline; and train

adat leaders, especially women, on the resultant guideline, as well as leadership and mediation

skills

4. Continue working with MAA in Aceh to promote women’s participation in leadership roles

within the adat justice system, strengthen district government support for adat justice

mechanisms and improve adat case recording

5. Support the government and legal aid CSOs in five target provinces to distribute free legal aid

and to disseminate information to the public on these services

6. Continue to develop policy papers on access to justice issues, as well as document and publish

best practices and lessons learned that can properly capture the country's progress in the area

of human rights, to inform policy making

40

Annexes

1. Financial Report 2. Annual Work Plan for next year

Date post:	22-Nov-2020
Category:	Documents
Upload:	others
View:	5 times
Download:	0 times

United Nations Development Programme (UNDP) And National ...Secure Site €¦ · RPJPN : Rencana...

Documents