Rule of Law and Security Update 2018

1/16/2018 12:00:00 AM

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The main purpose of the meeting is to highlight achievements in the longstanding bilateral cooperation in the fields of rule of law and security and identify how this relationship can be further strengthened and developed. The meeting will consider evolving Indonesian and Dutch interests and policy priorities, within the overall frame of the Sustainable Development Goals (SDGs). The additional purpose is to create an opportunity for networking and interaction for the community of academics and practitioners in both countries.

The Update is being prepared by a broad constituency of people and agencies. In the Netherlands, the Working Group Indonesia Justice & Development of the Knowledge Platform Security and Rule of Law (KPSRL) has been the main conduit to discuss the development of the Update. This Working Group has about 40 members, including representatives from the Dutch Government, Legal Institutions, Universities, International Organizations and Civil Society Organizations (CSOs). In Indonesia, a preparatory committee has been established, including representatives from Kemitraan - the Partnership for Governance Reform, Atma Jaya University, Nuffic Netherlands Education Support Office (NESO), and, the International Development Law Organization (IDLO). The preparatory committee in Indonesia is consulting with the Embassy of the Kingdom of the Netherlands in Jakarta and Indonesian Government representatives.

The event will take place on Wednesday January 17 and Thursday January 18, 2018, in Jakarta and consists of a one-day public symposium and networking opportunity for a larger audience (approximately 300 participants), and one day of a series of twelve substantive panel-workshops in smaller groups, followed by a closing session (200-250 participants).

If you would like to participate in the event, kindly register online here: 
https://mystudyworld.com/registration/rol2018

For more information, you can also send an e-mail to seminar@jkt.nesoindonesia.or.id

 

PROGRAMME

 

Wednesday 17 January

Morning Chair: Wiwiek Awiati, Judicial Reform Advisor at the Supreme Court of the Republic of Indonesia

09.00 Session1: Welcome/opening: 

09.00-09.10 Welcome: H.E. Rob Swartbol, Netherlands’ Ambassador to Indonesia

• Welcome / purpose – significance of the Update

 

09.10-09.30 Opening speech: H.E Dr. Yasonna H. Laoly S.H. M.Sc, Minister of Law and Human Rights*

• Progress and challenges in upholding Rule of Law in Indonesia
• Priorities of Indonesian Government in strengthening Rule of Law
• Where/how can international cooperation contribute – be most useful?
• What should be the particular focus of collaboration between Indonesia and the Netherlands?
• Thoughts and recommendations for the way forward.

 

09.30 Session 2: Indonesian-Dutch Legal and Security cooperation: preserving a meaningful past to engage new challenges

The focus of this session is to elaborate the theme of the day within the SDG framework

 

09.30-09.45 H.E. Prof Dr. Bambang Brojonegoro PhD, Minister of National Development Planning / Head of BAPPENAS

• Elaborating role of BAPPENAS in coordinating SDG monitoring and implementation in Indonesia – PerPres 59-2017
• Approach/work on SDG 16: building peaceful and inclusive societies and accountable institutions
• Approach/work on SDG 17: partnerships
• What are particular suggestions for next phase in Indonesia-Netherlands partnership?

 

09.45 - 10.00 H.E. Dr. Susi Pudjiastuti, Minister of Maritime Affairs and Fisheries*

• Views of Indonesian Government on link between Rule of Law – Justice and Climate change-Management of natural resources
• Approach work on SDG 13: Climate change
• Approach work on SDG 14: Life below water
• What are particular suggestions for next phase in Indonesia – Netherlands partnership

 

10.00 - 10.15 High-level representative of the Dutch Government *

• Appreciation of Indonesia – Netherlands relationship in various Rule of Law and Security/Law enforcement issues
• Priorities of Dutch government in strengthening Rule of Law and Security
• Dutch Government approach to SDG monitoring and implementation
• Dutch view on relevance of international collaboration in this regard
• What are particular suggestions for next phase in Indonesia – Netherlands relationship

10.15 Coffee and tea break

10.45 Session 3: Law and Human Rights to promote inclusivity

The purpose of this session is to focus on inclusivity as a particularly challenging element in both Indonesian and Netherlands societies, and how both countries can learn and support each other in this respect

10.45 - 11.10 Keynote speech: H.E. Teten Masduki, Head, Office of the President (KSP)*

• View of Indonesian Government on Inclusivity and main Inclusivity challenges
• Elaboration of main policy response to address inclusivity challenges
• Elaboration of main practice response / operational measures to address inclusivity challenges
• Role/contribution of academica, civil society and corporate sector to support Inclusivity
• Role of international collaboration with a particular view on Indonesia-Netherlands relationship; suggestions for next steps

11.10 - 11.40 Respondents:

• Mochammad Choirul Anam, Member Indonesian National Commission for Human Rights (KomnasHam)
• To Peter van der Bloemen, Civil Society Unit, Dutch Ministry of Foreign Affairs
• Yenni Wahid, Director, Wahid Institute

11.40 - 12.15 Questions and Answers

12.15 Lunch

13.45 Session 4: Corruption eradication by strengthening accountability

13.45-14.00 Movie: Kita Versus Korupsi (selected part)

14.00 Panel discussion:

Moderator: Monica Tanuhandaru, Executive Director, Kemitraan

• Laode Muhammad Syarif, Deputy Chairman of Indonesian Anti-Corruption Commission (KPK)
• Adriaan Bedner, Professor of Law and Society in Indonesia (Van Vollenhove Institute – KITLV Leiden)
• Natasha Nababan, General Counsel, Exxon Mobil
• Makarim Wibisono, Professor, Airlangga University

16.00 Networking reception

17.30 End

*) on confirmation


Thursday 18 January

09.00 Welcome – introduction (plenary)

Opening: Dr. A. Prasetyantoko, Rector Atma Jaya University

09.30 First Section of six Panels

• 1) Progress towards SDG16 in ensuring equal access to Justice
  
  Convenors: BAPPENAS / IDLO
  
  This panel will review developments, successes made and challenges met in relation to Access to Justice policies and SDG16.3 implementation. It will look at local needs and priorities when enhancing access to justice; developing a national Access to Justice Index, including collecting data, setting indicators, and measuring Access to Justice on a local and national level; and, Indonesian-Dutch partnerships in relation to Access to Justice.

 

• 3) Legal Reasoning
  
  Convenors: VVI-Leiden
  
  This panel addresses the state of legal reasoning in Indonesia and the Netherlands. It looks at judicial practice and the ways in which the highest judges guide lower courts through their judgments or other means. One focus of attention is also the organisational and material conditions needed for supporting legal reasoning. The panel will also look at legal education and look at ways in which law faculties can use the presence of Supreme Court judgments in their teaching in a way that is beneficial to students and will also help the juridical field to build a shared knowledge base.

 

• 5) Preventing and Combatting Cybercrime
  
  Convenors: Kemitraan / Nico Tuijn, Senior Justice Court of Appeal ‘s-Hertogenbosch
  
  Preventing and combating cybercrime is of paramount importance for the stability of societies. Cybercrime is developing with an enormous pace and intensity. Legislation is often behind, and old fashioned legal approaches cannot lead to adequate solutions. The old world is represented by the often territorial approach of national criminal justice systems, the new world is the digital reality where borders do not exist. The panel will review Indonesia-Dutch engagement in this regard, including a project on electronic evidence and training for the Indonesian Coordinating Mnistry for Political, Legal, and Security Affairs.

 

• 7) Preventing Land Conflicts 
  
  Convenors: VVI-Leiden 
  
  Land and natural resource conflicts continue to be rampant and widespread in Indonesia. In its response, the government appears supportive of the idea of community-based land and natural resource management. However, the legal framework for communal land rights is still incomplete and the actual recognition and implementation of community-based land rights has been slow. How should individual tenure security on communal land be arranged? And how can democratic governance of land within these communities be guaranteed? These challenges will be the focus of this panel.

 

• 9) Investment challenges
  
  Convenors: IKADIN / ABNR-Law 
  
  Investment promotion is a focus of the Jokowi administration. It has taken measures to reduce the administrative burden for foreign investors by the creation of a one stop shop for investment licenses, improve coordination between government institutions, and loosen foreign investment restrictions. Most of these measures are taken at the administrative/policy level. At the same time, many investment-related laws, such as the Civil Code and the Commercial Code, have never been amended since independence. This panel seeks to identify main legal challenges for both local and foreign investors in doing business in Indonesia and analyze how these challenges could be overcome.

 

•        11) Towards better Regulation
  
         Convenors: 
         Centre for International Legal Cooperation (CILC) / Indonesian Centre of Law and Policy Studies(PSHK)
  
  The current regulatory practice in Indonesia is believed to hinder business operations. The policy-making process seems complex and incomprehensible, as there is no single entity responsible for ensuring quality and providing a measurable oversight mechanism. In the last few years, The Netherlands has supported the Government of Indonesia in improving the technical capacity of its legislative lawyers. The panel will discuss how these improvements could be linked to addressing the ‘bigger picture’ insitutional questions that hinder better regulation in Indonesia.

11.30 Lunch

12.30 Second Section of six Panels (see below)

• 2) Paralegal Support and Natural Resources
  
  Convenors: IDLO / BRG (Peatland Restoration Agency)
  
  Damage to the environment often coincides with harm to indigenous populations and rural communities living near forests, water, agricultural lands and plantations. From a rule of law perspective, the illegality and frequent breaching of the law (illegal logging, fishing and exploitation of land) and the protection of indigenous communities’ rights are the most noticeable aspects. This panel will focus on enhancing assistance by paralegals to marginalized communities or strengthening the mechanisms for dispute resolution; efforts to increase community participation and awareness-building; flaws in the existing regulatory framework; and, licensing and overlapping permits for exploiting of land, forests and mining.

 

• 4) Judicial Training
  
  Convenors: SSR
  
  This panel will introduce and share experiences of the Dutch Training and Study Centre for the Judiciary (SSR) with implementing a number of judicial training and training capacity development oriented projects in Indonesia. The panel will reflect on what worked and what can be improved.

 

• 6) Asset Recovery
  
  Convenors: Universitas Indonesia / Kemitraan
  
  The panel will present experiences with two Dutch supported projects regarding Asset Recovery; the first with a focus on building a Centre of excellence in Transnational Law, including asset recovery, conducted by Universitas Indonesia with VU-Amsterdam and Leiden University; and the second with a focus on supporting the new Asset Recovery unit in the Attorney General Office (AGO), conducted by Kemitraan, involving building coordination with nine Indonesian Government agencies.

 

• 8) Early Marriage
  
  Convenors: Universitas Indonesia / VVI-Leiden / Plan Nederland
  
  Indonesia marriage age is caught between a strict international law norm which prohibits marriage of persons under the age of 18, a domestic legal norm of 16 for girls and 19 for boys, and local norms which prescribe a wide variety of proper age for marriage. The complicated normative situation drives the state agents charged with registering marriage towards different strategies to accommodate the needs and wishes of local populations. Different types of early marriage require different types of regulation or other ways of addressing normative concerns. This panel seeks to discuss the possibilities for a differentiated approach.

 

• 10) Ethnic & Religious Minorities and Conflict
  
  Convenors: Atma Jaya University 
  
  After the New Order’s imposition of a uniform, national model of cultural Indonesian citizenship, the early years of Reformasi meant a surge in rights protection of groups who were different from the national mainstream. Yet, more recent developments go against this trend. The emotions concerning the alleged blasphemy by the former Jakarta Governor indicated how high emotions can rise and how precarious the stability of Indonesia’s plural society is. This panel addresses the question what laws, policies and actors constitute main stumbling blocks on the road to achieving a more inclusive, plural society and how to address religious and ethnic conflict.

 

•        12) The Future of Indonesia-Netherlands Rule of Law Cooperation
  
  
         Convenors: KomnasHam / Nuffic Neso Indonesia 
  
  Indonesia and the Netherlands have a long and substantial track record in collaboration on Rule of Law and Law enforcement issues. This panel will request key informants from the Indonesian and Dutch side to reflect on this collaboration. How has the collaboration evolved, what has worked and what not, and where do challenges remain? The panel will provide room to repond to inputs during the first day and the morning of the Update. The purpose of the panel is to inform the next phase of the collaboration, in view of the current context and needs.

14.30 End of panels

15.00 Final session: The benefits of long-term Bilateral Cooperation at Supreme Court level

The purpose of this session is to highlight the longstanding collaboration between the Indonesian and Dutch Supreme Courts, to reflect on lessons learned and make suggestions on next steps in this cooperation.

 

       Moderator: Wiwiek Awiati, Judicial Reform Advisor, Supreme Court of Indonesia;

15.00-15.10  Prof. Dr. H. Muhammad Hatta Ali, SH, MH., Head of the Indonesian Supreme Court – Mahkamah Agung

15.10-15.20  Mr. M.W.C. Feteris, President Dutch Supreme Court - Hoge Raad der Nederlanden