33. Komnas HAM recommends the Government of Indonesia renew the
Presidential Decree or form further policies to restore the rights of victims,
especially the displaced children.
34. The Aceh Truth and Reconciliation Commission (TRC) is a permanent
commission that was established in 2016. In 2023 the Aceh TRC produced a
report and listed several victims. Yet, no reparation program has been set up
for those identified victims. The Central Government and the Aceh
Provincial Government need to work and coordinate in establishing a
reparation mechanism for the victims.
H. Violence against women, and domestic violence
35. The implementation of the Special Regional Regulation No. 1/2011 has not
brought impact to the local level in Papua. Most cases of violence against
women, especially sexual violence, were put to stop due to intimidation
against the victims. As a result, the evidence is not sufficient to follow up the
legal process. Apart from that, women victims of sexual violence also do not
receive assistance because the Regional Technical Implementation Unit for the
Protection of Women and Children (UPTDPPA)/ The Center of Integrated
Services for the Empowerment of Women and Children (P2TP2A) are mostly
inactive or not established. One of which is monitored by Komnas HAM is in
Nabire Regency.
36. For this reason, the Central Government must oversee the implementation of
Perdasus Special Regional Regulation No. 1/2011 by ensuring the regional
governments throughout the Papua region record the number of women
victims of violence, including sexual violence, to provide reparation policies
for victims. The Central Government also needs to encourage Regional
Governments to immediately establish and activate UPTDPPA/P2TP2A.
I.
Voluntary termination of pregnancy and sexual and reproductive rights
37. Law No. 36/2009 concerning Health has regulated legal abortion with certain
criteria, namely for victims of sexual violence and for health reasons that
endanger the mother-to-be. This has also been strengthened in the new
Criminal Code.
38. Regarding forced contraception and sterilization of women with disabilities,
the Indonesian Association of Women with Disabilities (HWDI) 2017-2019
recorded 142 cases of violence against women with disabilities in 11 provinces
in 2019. Of this number, 2% were forced contraception.
J. Right to life
39. Regarding the impact of climate change, the Government of Indonesia has
issued Presidential Regulation No. 112 concerning the Acceleration of