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AIPJ2 Progress Report17 April to 31 December 2017

AIPJ2 is supported by the Australian Government and implemented by Cardno

Contact Information

Kerri AmosSenior ConsultantCardno – Jakarta Level 18, International Financial Centre (IFC)Jl. Jenderal Sudirman Kav. 22–23Jakarta 12920 Indonesia+6221 8086 [email protected]

Document History

Version Effective Date Description of Revision Prepared by Reviewed by

1 March 2018 Revision to encorporate DFAT feedback

J Hampshire K Amos

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This publication has been funded by the Australian Government through the Department of Foreign Affairs and Trade. The views expressed in this publication are the author’s alone and are not necessarily the views of the Australian Government.

Copyright in the whole and every part of this document belongs to DFAT and may not be used, sold, transferred, copied or reproduced in whole or in part in any manner or form or in or on any media to any person other than by agreement with DFAT.

This document is produced by Cardno solely for the benefit and use by DFAT in accordance with the terms of the engagement. DFAT does not and shall not assume any responsibility or liability whatsoever to any third party arising out of any use or reliance by any third party on the content of this document.

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Contents

Acronyms............................................................................................................................................. iv

Executive Summary............................................................................................................................. vi

1 Introduction................................................................................................................................. 1

2 Summary of Activities undertaken............................................................................................12.1 Foundational Activities.................................................................................................................. 1

2.2 Influencing activities..................................................................................................................... 3

3 Assessment of progress against AIPJ2 objectives...............................................................103.1 Overview..................................................................................................................................... 10

3.2 Pillar 1 – Transparency, Accountability and Anti-Corruption.......................................................11

3.3 Pillar 2 – Transnational Crime and Security Strengthening........................................................12

3.4 Pillar 3 – Preventing Violent Extremism......................................................................................13

3.5 Pillar 4 – Corrections Reform......................................................................................................14

3.6 Pillar 5 – Gender Equality, Disability and Social Inclusion..........................................................14

4 Changes in the political economy...........................................................................................144.1 Indonesian context.....................................................................................................................14

4.2 Australian context....................................................................................................................... 16

4.3 Management responses to changes in the political economy.....................................................16

5 Changes in strategy and follow-up actions............................................................................17

Annex 1 Infographic summary of AIPJ2 scope.........................................................................19

Annex 2 Staffing and Technical Advisers..................................................................................21

Annex 3 Financial Summary until December 2017....................................................................23

Annex 4 Theory of Change..........................................................................................................24

Annex 5 Map of SPAK Activity....................................................................................................25

Annex 6 List of policy related initiatives supported by AIPJ2.................................................26

Annex 7 AIPJ2 contribution to RPJMN objectives....................................................................28

Annex 8 Risk register..................................................................................................................30

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Acronyms

Acronym English Indonesian

ABF Australian Border Force Australian Border Force

AFP Australian Federal Police Australian Federal Police

AGD Attorney General Department, Australia Kejaksaan Agung Australia

AGO Attorney General’s Office, Indonesia Aliansi Indonesia Damai

AIPJ2 Australia Indonesia Partnership for Justice 2 Kemitraan Australia Indonesia untuk Keadilan 2

ASEAN Association of Southeast Asia Nations Perhimpunan Bangsa – Bangsa Asia Tenggara

AUSTRAC Australian Transaction Reports and Analysis Centre Australian Transaction Reports and Analysis Centre

AWP Annual Work Plan Rencana Kerja Tahunan

BAPPENAS

Indonesia National Planning Body Badan Perencanaan Pembangunan Nasional

BNPT National Agency for Combatting Terrorism Badan Nasional Penanggulangan Terorisme

BPHN National Law Development Agency Badan Pembinaan Hukum Nasional

CDS Centre for Detention Studies Pusat Kajian Penahanan

C-SAVE Civil Society Against Violent Extremism Organisasi Masyarakat Sipil melawan kekerasan ekstrimisme

CSO Civil Society Organisations Organisasi Masyarakat Sipil

DFAT Department of Foreign Affairs and Trade Departemen urusan Luar Negeri dan Perdagangan Australia

DGC Directorate General of Corrections, Indonesia Direktorat Jenderal Pemasyarakatan, Indonesia

DGCE Directorate General Customs and Excise, Indonesia

Direktorat Jenderal Bea dan Cukai

DIRD Department of Infrastructure and Regional Development

Department of Infrastructure and Regional Development

DPO Disabled People’s Organisations Organisasi Penyandang Disabilitas

GEDSI Gender Equality, Disability, and Social Inclusion Strategi kesetaraan gender, disabilitas dan inklusi sosial

GoA Government of Australia Pemerintah Australia

GoI Government of Indonesia Pemerintah Indonesia

ICJR Institute for Criminal Justice Reform Lembaga Kajian reformasi sistem peradilan pidana dan hukum

INP Indonesian National Police Polisi Nasional Indonesia

KPK Corruption Eradication Commission Komisi Pemberantasan Korupsi

KUHP Criminal Code Kitab Undang Undang Hukum Pidana

LAKPESDAM

Institute for Human Resources Studies and Development

Lembaga Kajian dan Pengembangan Sumberdaya Manusia

LBH Legal Aid Institute Lembaga Bantuan Hukum

LEIP Research and Advocacy Institute for Independent Judiciary

Lembaga Kajian dan Advokasi Independensi Peradilan

LPA The Child Protection Institute Lembaga Perlindungan Anak

MAPPI University of Indonesia's Indonesian Judicial Watch Society

Masyarakat Pemantau Peradilan Indonesia UI

MEL Monitoring, Evaluation, and Learning Monitoring Evaluasi dan Pembelajaran

MIS Management Information System Sistem Informasi Manajemen

M&E Monitoring and Evaluation Monitoring dan Evaluasi

M/F/D Male/Female/ Disability Pria/Wanita/Disabilitas

MoHA Ministry of Home Affairs Kementrian Dalam Negeri

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Acronym English Indonesian

ODA Official Development Assistance Official Development Assistance

OJK Financial Services Authority Otoritas Jasa Keuangan

PAF Performance Assessment Framework Kerangka penilaian Kinerja

P/CVE Preventing/ Countering Violent Extremism Mencegah/ menanggulangi kekerasan ekstrimisme

PEA Political Economy Analysis Analisa Ekonomi Politik

PEKKA Women Headed Family Empowerment Pemberdayaan Perempuan Kepala Keluarga

PERMA Supreme Court Regulations Peraturan Mahkamah Agung

POKJA Working Group Kelompok Kerja

PPATK Indonesian Financial Transaction and Analysis Center

Pusat Pelaporan dan Analisis Transaksi Keuangan

PSHK Indonesia Center for Law and Policy Studies Pusat Studi Hukum dan Kebijakan

PWD People with Disability Penyandang Disabilitas

RANHAM The Indonesian National Action Plan on Human Rights

Rencana Nasional Hak Asasi Manusia

RPJMN The Indonesian Mid Term Development Plan Rencana Pembangunan Jangka Menengah Nasional

SAPDA Advocacy Center for Disabled Women and Children Sentra Advokasi Perempuan Difabel dan Anak

SDP Corrections Database System Sistem Database Pemasyarakatan

SIGAB Space for Integration and Disability Advocacy Sasana Integrasi dan Advokasi Difabel

SPAK I am a Woman Against Corruption Saya Perempuan Anti Korupsi

SOP Standard Operating Procedures Prosedur Operasional

TAF The Asia Foundation The Asia Foundation

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Executive Summary

The Australia Indonesia Partnership for Justice 2 (AIPJ2) commenced in April 2017, and builds on the work of the previous program, Australia Indonesia Partnership for Justice (AIPJ) 2011–2017. AIPJ2 is a five-year investment by the Government of Australia (GOA) with an indicative budget of A$37m.

AIPJ2 aims to support cooperation between Australian and Indonesian institutions and civil society organisations to contribute to the overall goal of:

‘Strong and accessible justice and security institutions that enhance respect for enforceable rights and rules-based governance systems, over time contributing to stability and prosperity in Indonesia and the region’.

Annex 1 provides a summary of AIPJ2 scope. This report covers the period from commencement in April through to 31 December 2017.

1. Summary of Activities undertaken

AIPJ2 has successfully established its operational capacity in line with the Inception Plan. A full complement of staff and technical assistance is in place (see Annex 2); the Jakarta and Makassar offices are established; branding, strategic frameworks and operational procedures have been developed, approved; governance arrangements have been operationalised; and the first Annual Work Plan for 2018 has been approved by the Partnership Board. Highlights of activities undertaken are summarised below:

Pillar 1 – Transparency, accountability and anti-corruption

Reform Coalition – Establishment of a new management and governance structure for the Judicial Reform Team Office of the Supreme Court. AIPJ2 assisted the preparation of a draft National Plan of Action on Human Rights for 2018 – 2019, which was completed in November. The Plan of Action includes new provisions on gender and disability inclusion, and has been submitted to the Ministry of Law and Human Rights resulting in a revised Presidential Decree.

Women and Courts – in partnership with Masyarakat Pemantau Peradilan Indonesia and the Family Court of Australia, the Working Group on Women and Children of the Supreme Court of Indonesia has prepared the handbook for judges on dealing with women and children in contact with the law.

Corruption Prevention – Komisi Pemberantasan Korupsi (KPK) conducted a series of Saya Perempuan Anti Korupsi (SPAK) training activities increasing the number of agents to 1,549 and targeted local government and justice sector officials such as police women, prosecutors and officers from the Ministry of Religious Affairs. In collaboration with Bone and Soppeng Districts in South Sulawesi, AIPJ2 ran SPAK Training of Trainers for the representatives of 14 village communities piloting the ‘Corruption Free Village’ or ‘Desa Jujur’ program. In December 2017, AIPJ2 received on behalf of SPAK the global Antic Corruption Excellence Award for the Youth Creativity and Engagement Category from the Rule of Law and Anti-Corruption Centre, a joint intiative between UNODC and the Government of Qatar

Pillar 2 – Countering transnational crime and security strengthening

Tracking illegal financial transactions – Australian Transaction Reports and Analysis Centre (AUSTRAC) helped organise and deliver an ‘analyst exchange’ on the topic of People Smuggling networks that are active in Indonesia and Malaysia. From 27 November to 8 December 2017 the analysts worked in AUSTRAC's Melbourne office; Australian Federal Police (AFP) provided briefings as part of the program.

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Specialist training – The Australian Attorney General’s Department (AGD) supported the delivery of workshops on foreign financing of terrorism, electronic evidence and asset tracing. Starting in November 2017, AIPJ2 and the AGD have been partnering with Pusat Studi Hukum dan Kebijakan to support the KPK in developing Technical Guidance on Money Laundering in the Stock Exchange. About 200 aviation security officers were trained on advanced screening technologies. The Australian Border Force (ABF) organised a study tour for five staff in the Directorate General Customs and Excise detector dog program to Melbourne and included was a briefing on ABF investigations management. ABF also trained 250 officer on front line operations, 180 on document and fraud examination, 30 on the use of x-ray equipment and 36 on the use of ionscan technology for explosive and substance detection. Training has led to a reported increase in detection of prohibited substances and currency at the borders.

Leadership partnerships – The AFP facilitated: (i) the travel for a senior Indonesia National Police (INP) female officer to attend the International Women in Law Enforcement Conference in Cairns; (ii) a study tour to Australia by the INP Narcotics Directorate to Canberra and Sydney; (iii) a Cybercrime Leaders Working Group meeting in Canberra and Sydney between the INP and the AFP which led to a bilateral protocol to encourage co-operation on cyber crime investigation, and increased operational information sharing; and (iv) participation in a sub regional forum on Implementation of Gender Based Prevention/Countering Violent Extremism (P/CVE). ABF’s focus on integrity has led to the adoption of integrity standards and the maritime training has led to requests from maritime agencies to participate more actively in activities.

Pillar 3 – Preventing violent extremism

Returnees and deportees – YPP ensured that seven boys currently detained for terrorism offences are in juvenile facilities and helped to develop an enabling environment for the rehabilitation and reintegration process of deportees. An assessment was conducted on level of radicalisation of 12 deportees; follow-up research was undertaken with former foreign fighters and terrorist inmates. Civil Society Against Violent Extremism (C-SAVE) cooperated with Government of Indonesia agencies (including the Presidents Office) in providing input to the Draft Standard Operating Procedures on the handling of deportees. C-SAVE has also supported drafting of the Anti-Terrorism Law.

National P/CVE Strategy and Law – Badan Nasional Penanggulangan Terorisme (BNPT or National Agency for Combatting Terrorism) invited Wahid and other Civil Society Organisations (CSOs) to participate in the development of the National Action Plan for Countering Violent Extremism. Wahid conducted: (i) a religious teacher workshop aimed at promoting religious tolerance, as a collaboration between the Wahid Foundation and the Islamic Religious Subject Teacher Conference; (ii) a series of meetings with the East Java Police and agreed to strengthen Police and Community Communication Forum networks at the village level; and (iii) a Peace Journalist Camp, designed to equip participants to write and disseminate messages promoting peace and tolerance through social media.

Women and P/CVE – Since April 2017, AIPJ2 has actively nurtured a Working Group on Women and P/CVE (WGWC), and has included support for this group in its annual work plan for 2018.

Pillar 4 – Corrections reform

Corrections management – In partnership with The Asia Foundation (TAF), AIPJ2 has continued to support the development of the corrections database system (SDP), guided by the Directorate General of Corrections (DGC). Two key features that have been supported during this reporting period are the development of ‘remission’ module, leading to the processing approximately 95,000 remission applications online, and the ‘integration’ module, which helps with the treatment and rehabilitation of prisoners. With support from the Centre for Detention

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Studies (CDS), TAF provided technical assistance to the DGC in the development of a new Blue Print for Correctional Reform. Due for completion in April 2018, The Blue Print will be a reference document for the development of the Mid-Term Development Plan (RPJMN 2020-2025). CDS has also contributed to the development of operational guidelines for high risk prisons, which was adopted into Ministerial Decree No. M.HH-02.PK.01.02.02 dated 14 November 2017.

Reform coalitions – AIPJ2 provided support to Indonesian Criminal Justice Reform which leads a CSO coalition on criminal code reform (Aliansi Nasional Reformasi KUHP). Indonesian Criminal Justice Reform produced 32 articles that have been covered by the media, and conducted 10 meetings with lawmakers to discuss the draft KUHP.

Pillar 5 – Gender equality, disability rights and social inclusion

Disability rights – In partnership with Sentra Advokasi Perempuan Difabel dan Anak (SAPDA) and Sasana Inklusi dan Gerakan Advokasi Difabel (SIGAB), AIPJ2 funded and organised technical assistance for the implementation of the Disability Law. A set of 7 draft regulations on planning, implementation and evaluation of the Disability Law were completed in December 2017, and are now being considered by the Ministry of Law and Human Rights in terms of harmonisation and subsequent issuance.

Preventing child marriage – In partnership with Rumah Kitab (funded by DFAT’s Gender Equality Fund), AIPJ2 has been supporting the BERDAYA project. The Family Court of Australia is also partnering with Indonesian CSO’s to analyse court decisions that enable under age marriage. The analysis will inform the development of training curriculum for religious court judges to reduce child marriage.

2. Assessment of progress against objectives1

AIPJ2 has directly contributed to the following:

Transparency, accountability and anti-corruption

Supreme Court Regulation No.3 of 2017 on Guidance on Women in Contact with the Law was issued on 11 July 2017.

Increased funding from national and subnational government budgets for SPAK.

Countering transnational crime and security strengthening

Draft of technical guidance for KPK on Money Laundering in Capital Markets

AUSTRAC analyst exchange learning through real time investigations of terrorist financing, money laundering and people smuggling

Preventing violent extremism

Drafting of the revised Anti-Terrorism Law and providing input to the Draft Standard Operating Procedure on the handling of deportees.

Development of a National Action Plan for Countering Violent Extremism.

Corrections reform Minister of Law and Human Rights (MLHR) Decree No.M.HH 02.PK.02.02 of 2017 regarding Guidance of Designated Penitentiary for High-Risk Terrorist inmates

1 The main body of the report provides further details, as well as examples of how AIPJ2 has contributed to enhanced knowledge, partnerships, capacity and GEDSI.

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and High-risk Narcotics inmates

Development of a new Blue Print (ongoing) for Correctional Reform.

Further expansion of the SDP, which allowed online processing of 90,000 remissions applications

Gender equality, disability rights and social inclusion

A set of seven draft regulations on planning, implementation and evaluation of the Disability Law were completed in December 2017, and are now being considered by the Ministry of Law and Human Rights in terms of harmonisation and subsequent issuance.

Draft of Provincial Regulation (RAPERDA) on disability rights for Yogyakarta city.

Further evidence of AIPJ2’s contribution to significant policy changes will be collected and documented as part of AIPJ2’s performance assessment framework (PAF) reporting to DFAT, due in May 2018.

3. Changes in context / the political economy

The Jakarta elections, the investigation and imprisonment of the former Governor and competing candidate for alleged blasphemy against Islam during the campaign raised concerns that the election result was a win for anti-reform and extremist forces. Paradoxically dialogue on preventing extremism is more open now and the new Jakarta administration has recruited pro-reform figures onto its team to reinforce public confidence.

The anti-corruption movement is recovering, after concerted attempts by some National Parliamentarians to limit the power of the KPK. The arrest in November of Parliamentary Speaker, Setya Novanto, by the KPK for corruption reinforced the KPK message that nobody is untouchable. The Jakarta Government has established its own anti-corruption taskforce but it is too early to assess whether this is supporting or subverting the authority of the KPK.

AIPJ2’s work and partnerships have opened opportunities to influence the national agenda leading into the 2018 subnational elections and the 2019 national elections. With careful advocacy by AIPJ2 and partners, there is potential to encourage politicians from all parties to campaign on platforms that are supported by AIPJ2 objectives.

Pillar 2 of AIPJ2 continues to be implemented with no disruption to ongoing activities and relationships. There is continuing strong support as a result of reporting through the political section of the Embassy. Security and development perspectives are being balanced in the approach to preventing violent extremism.

AIPJ2 management responses to changes in the political economy are detailed in the report, along three categories:

i. Reform co-ordination and restorative justice; AIPJ2 has consolidated its resourcing of reform co-ordination and integrated support for the human rights action plan, disability regulations, child marriage, anti-corruption plan and legal and judicial reform agenda under Pillar 1, and linked in Pillar 4. The Knowledge Hub is supporting this work through a knowledge sharing community dedicated to judicial reform and a donor co-ordination platform, both of which have now been demanded by the Indonesia Judicial Reform Forum – a collective call from GoI and civil society. This ensures partners now drive the Knowledge Hub development. A Senior Consultant was appointed to support Bappenas in developing co-ordination mechanisms and facilitating partner participation. Restorative justice is being promoted as a unifying theme for the next Medium Term Development

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Plan and a response to prison overcrowding. AIPJ2 continues to highlight this as a crisis for the Government in terms of Indonesia’s human rights reputation.

ii. Re-engagement of Ministry of Law and Human Rights – for two reasons: (1) they have the bureaucratic mandate to implement many of the reforms within the AIPJ2 scope; and (2), they have actively requested technical assistance. Through this engagement, we have been able to link CSO experts respected by the Ministry with Ministry officials, enabling the Ministry to perform its mandate to support key reforms. The current priority is accelerating and providing quality technical advice to guide reforms, and encouraging the Ministry to take a central place within the judicial reform community.

iii. Political mobilisation of religious division.AIPJ2 is taking guidance from CSO and GoI partners on the most appropriate form of assistance. This has led to CSO engagement in the national P/CVE action plan and a request to provide advisory support through Bappenas to the Joint Secretariat supporting Ministerial co-ordination on the national action plan. This will strengthened Bappenas capacity to influence the planning process.

4. Changes in strategy and follow-up actions

Based on changes in context, results of the political economy analysis (PEA), and feedback from the Partnership Board on AIPJ2’s proposed Annual Work Plan for 2018, AIPJ2 has adjusted its strategy as follows:

> Coalitions for reform including government and civil society will be given more emphasis and consolidated into one Activity – Reform Co-ordination and Coalitions – under the Transparency, Accountability and Anti-Corruption Pillar. Corrections reform coalitons will also be included.

> The social movement approach successful in SPAK is now informing designs of other activities such as preventing child marriage and preventing violent extremism. AIPJ2 is linking networks to increase leverage for change.

> ‘Promoting tolerance and countering radicalisation’ has been replaced by ‘preventing violent extremism’, in the interest of clarity with our strategy. ‘Prison Reform’ has been renamed ‘Corrections Reform’ to highlight the importance of promoting restorative justice and to reflect Indonesian terminology.

> GEDSI work under Pillar 5 has been extensively mainstreamed following Partnership Board direction and strong recommendations from within the AIPJ2 team.

To ensure that AIPJ2 staff and implementing partners can continue to strengthen their ability to plan activities, and effectively monitor and report on their contribution to end of Facility outcomes as part of a learning process, planned follow-up actions include:

> Preparation of Activity Statements for all individual investments, using a standard format that helps link each Activity to the AIPJ2’s overall Theory of Change

> Continued refinement of the quarterly review and reflection process with partners, including training of APJ2 staff in facilitation skills

> Ongoing development and operationalisation of AIPJ2’s management information system (MIS) and the Knowledge Hub

> Conduct of training for AIPJ2 staff and selected partners in ‘Rapid Outcomes Assessment’ and the development of ‘Stories of Change’.

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1 Introduction

The Australia Indonesia Partnership for Justice 2 (AIPJ2) officially started on 17 April 2017. This first Six-Monthly Progress Report covers the period from the start date to end of December 2017. Annex 1 provides a summary of AIPJ2 scope. In line with Cardno’s contractual requirements to DFAT, this report provides information under four main headings:

> Summary of activities undertaken> Assessment of progress against AIPJ2 objectives> Relevant changes in the political economy> Recommended changes in strategy

The primary audience for this report is DFAT and Bappenas. Based on their feedback, the format and content of future six-monthly reports can be adapted to better meet their information needs.

2 Summary of Activities undertaken

This section of the report is divided in to two main parts covering:

> ‘Foundational Activities’ – which AIPJ2 implements directly itself to establish and maintain its capacity to deliver relevant and effective support to and through partners

> ‘Influencing Activities’ – which are AIPJ2’s core services / value added and are primarily delivered by implementing partners (through grant agreements), with technical and administrative support from the AIPJ2 team as required.

2.1 Foundational ActivitiesProgress to date of Foundational Activities is as per the following:

Activity Status (31 December 2017)

Inception Plan AIPJ2’s Inception Plan was prepared and submitted to DFAT in May 2017, covering activities for the period up to 31 October. The plan has been successfully implemented.

Recruitment All core personnel have been recruited and technical advisers mobilised as per the AIPJ2 tender and Inception Plan. A current list of AIPJ2 staff and TA is provided at Annex 2.

Establishment of appropriate office facilities in Jakarta and Provincial office

AIPJ2 has established its Jakarta office in the International Financial Centre, Jl. Jend Sudirman, next to Cardno’s corporate office. Some office facilities are shared with other Cardno projects (e.g. KIAT) to ensure value for money. The provincial office has been established in Makassar and formally opened in January 2018.

Financial management Financial management procedures are in place, and documented as part of the AIPJ2 Operations Manual, which was submitted to DFAT in September 2017. Updated budget estimates and expenditure details are being reported to DFAT monthly through the Dashboard report. A financial summary of AIPJ2’s budget and expenditure through to 31 December 2017 is provided at Annex 3.

Grants Management and Monitoring

Grants management and monitoring procedures are in place and documented in the Grants Manual which was submitted to DFAT in October 2017. Following a call for proposals among the network of Preventing Violent Extremism partners, 42 proposals were received with a total value of A$9 million. Following a collaborative and structured assessment process, eight proposals were selected by Bappenas and DFAT for commencement in February 2018. Two proposals (from new partners) will also be funded at a later date subject to further design work on the proposal being satisfactorily completed. All new Grant Agreements are now being prepared so they include activity statements in the AIPJ2 format.

Gender equality, disability and social inclusion (GEDSI)

A GEDSI Strategy was submitted to DFAT in September 2017, and approved in early December 2017. The Strategy provides guidance on how gender and disability will be managed

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Activity Status (31 December 2017)

in AIPJ2 through a twin track approach that mainstreams GEDSI in all program activities (including Monitoring, Evaluation, and Learning (MEL)), while also supporting specific inclusion activities. To ensure disability mainstreaming throughout AIPJ2, the disability team initiated a GEDSI reflection workshop with each pillar at the end of November. As a result, disability mainstreaming activities have been mapped out in each pillar and will be incorporated in work plans.

MEL and communications A MEL Framework was prepared in September and approved by DFAT in December 2017. Clear Horizons rated the Framework as ‘very high quality’.New branding has been designed and approved; the Communications Strategy was submitted in September 2017 and DFAT feedback was provided in Jamuary 2018. A revised Strategy will be provided to DFAT in January. Implementation of the MEL Framework has commenced, with support from SOLIDARITAS and the Senior MEL Adviser. Quarterly review and reflection meetings with implementing partners are a key part of AIPJ2’s MEL approach. The method and tools have been developed and applied during the reporting period, lessons learned and ongoing refinements to the approach are being made.

Knowledge and information management

AIPJ2 has developed the concept of a Knowledge Hub and through a competitive process, has contracted a consultancy firm, Saraswati, to support its more detailed design and implementation. Work has commenced on the development of AIP2’s management information system (MIS), also with Saraswati’s support. It is anticipated that the MIS to be operational by the time of the next six-monthly report. The exact form and function of the Knowledge Hub is still being discussed with partners. The Knowledge Hub and MIS (together with MEL and GEDSI functions) will provide programmatic support across all AIPJ2’s areas of work, and will not (in future) be managed as a separate technical Pillar.

Political economy analysis (PEA)

A PEA was undertaken by the Asia Research Centre of Murdoch University, and their draft report submitted in October 2017. A workshop was held with AIPJ2 team members, DFAT and the Murdoch research team in November 2017 to discuss their findings and recommendations. While the PEA provided some useful academic insights which have been taken in to account in framing AIPJ2’s forward plans, DFAT and AIPJ2 are currently discussing next steps.

Annual Work Plan (AWP) preparation and the Partnership Board

The AIPJ2 AWP 2018 was approved by the Partnership Board in November 2017. AIPJ2 partners were actively involved in the preparation and activity prioritisation process, with Bappenas Directors steering the consultations. The Partnership Board offered feedback on the AWP in four key areas:try to integrate across pillars wherever possibleconsider restorative justice and integrated criminal justice reform as unifying themes and look to supportsee the human rights action plan work as linked to accountability and overall reform as well as to gender and people with disabilitiesremain open to new ideas for activities not yet identified in the plan.AIPJ2 responded to this feedback as follows:Pillar 5 will now be mainstreamed across all pillars and will not be reported on separately, although GEDSI activities will report to the relevant Directors in Bappenas and have their own budgetsPillar 1 and 4 will be managed together more closely, focusing on legal and judicial reform (without abolishing Pillar 4 given DGC’s request for separate recognition)Knowledge Hub development, MEL and GEDSI capacity development will be delivered as general partnership development activities not as a separate pillarPillar 2 and 3 will also have a clear link with corrections activities in Pillar 4, given the focus on high risk inmates.

Preparation of a more detailed Activity Plan and Activity Statements

The AWP 2018 document approved by the Partnership Board provided a summary overview of AIPJ2 strategy and priorities but did not provide the detail required to support effective program and contract management. AIPJ2 subsequently developed a more detailed overall Activity Plan (taking in to account Partnership Board feedback), submitted to DFAT in January. Activity Statements will be developed to clarify activity scope, implementation and monitoring requirements.

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2.2 Influencing activitiesAIPJ2 provides the bulk of its support through grants to Indonesian and Australian implementing partners. These influencing activities contribute to AIPJ2’s Intermediate and End of Facility Outcomes. AIPJ2’s overall Theory of Change is provided in diagrammatic form at Annex 4, for quick reference.

With respect to influencing activities, we can report the following:

2.2.1 Pillar 1 – Transparency, Accountability, Anti-Corruption

Partnership Focus of work and activities undertaken

Partnership with Lembaga Kajian dan Advokasi Independensi Peradilan (LeIP)Organisation for Study and Advocacy for an Independent Judiciary

Focus: Enhanced governance mechanisms for legal and judicial reform, particularly with respect to collaboration between the Supreme Court and Civil Society partnersKey activities undertaken: An assessment of the Judicial Reform Team Office was conducted, through facilitating a

series of (ongoing) discussions with Civil Society partners and the Supreme Court. A new management structure for the Judicial Reform Team Office has been approved by the Supreme Court and is being implemented. The management team is now contracted under LeIP.

A CSO Leaders Forum was organised and held to discuss their respective roles and involvement in judicial reform, how their work is interrelated to each other, and how to strengthen their individual and collective effectiveness in supporting judicial reform.

Preparations were undertaken for the Indonesian Judicial Reform Forum being held in January 2018, at which AIPJ2 will support events related to: (i) Judicial Knowledge Management – partnered with LeIP; (ii) Access to Justice for Vulnerable Groups – partnered with the Centre for Child Protection, University of Indonesia; and (iii) Fair Trial and Restorative Justice – partnered with Indonesian Criminal Justice Reform (ICJR).

Partnership with Masyarakat Pemantau Peradilan Indonesia (MaPPI)Judicial Monitoring Community Indonesiaand Family Court of Australia

Focus: Women and children in contact with the law Key activities undertaken: Two main meetings of the Working Group on Women and Children of the Supreme Court of

Indonesia were facilitated, to help prepare the Handbook for judges on dealing with women and children in contact with the law. The Handbook is now being printed and will be circulated to judges during training scheduled for January 2018.

An Memorandum of Understanding between the Supreme Court of Indonesia and Ministry of Home Affairs (MoHA) and working-level Technical Agreements between the Directorates General for the Religious Courts, General Courts, Civil Registry (MoHA) and Islamic Guidance (Ministry of Religious Affairs) were concluded on 9 November to facilitate more streamlined services around marriage and birth certificates between the three agencies.

An Memorandum of Understanding was signed between the Supreme Court and the Family Court of Australia on ‘Strengthening the Role of Courts in fulfilling the rights of Women and Children to Access to Justice’.

Supreme Court Working Group consultations were held with the Family Court of Australia on the draft PERMA in April 2017 when three members of the group attended the Conference of the International Association of Women Judges in Sydney.

The Chief Justices of the Supreme Court of Indonesia and the Family Court of Australia jointly launched a publication: ‘12 Years of Innovation in Women’s Access to the Family Courts of Indonesia’.

A presentation was hosted by the Family and Children’s Law Research Group and the Centre for Indonesian Law, Islam and Society at Melbourne University on ‘Women in Court and Changing Lives’. The presentation traced the complex path of how changes in access to paralegal support and family law courts changed women's lives and those of their children. The discussion also covered PEKKA’s fledgling scholarship programme that encourages girls from female-headed households to complete 12 years of education and to contemplate tertiary or vocational studies rather than join the 25 per cent of Indonesian girls who marry before they turn 18 years of age.

Partnership with Komisi Pemberantasan Korupsi (KPK) & Saya Perempuan Anti Korupsi (SPAK)Corruption Eradication

Focus: Corruption eradication Key activities undertaken: During the reporting period, KPK has conducted a series of SPAK training activities for local

government and justice sector officials such as police women (POLWAN), prosecutors and officers from the Ministry of Religious Affairs. This has increased the number of SPAK agents overall to 1,549 over this period, including 30 new women prosecutors and 202

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Commission & I am Women Against Corruption

women police officers. See Annex 5 for a map of SPAK activities. In collaboration with Bone and Soppeng Districts in South Sulawesi, AIPJ2 conducted

SPAK Training of Trainers for the representatives of 14 village communities that are participating as pilots in the ‘Corruption Free Village’ or ‘Desa Jujur’ program. All local costs were covered by District budget allocations.

In collaboration with Yogyakarta provincial police office, SIGAB and SAPDA, AIPJ2 funded and organised the delivery of SPAK training for People with Disabilities (PWD). There were 42 participants, including parents / carers of people with severe disabilities. Lessons learned from this event are being used to modify SPAK learning and informational materials so they are more accessible to PWD.

In collaboration with SAPDA, AIPJ2 initiated disability inclusive SPAK Training of Trainers for women with disability that involved women police and prosecutors on 15 – 17 November 2017 in Yogyakarta. This will be followed-up by post-training review where disability partners will collaborate with the Pillar 1 anti-corruption team.

On 8 December 2017, on behalf of SPAK AIPJ2 received the Anti Corruption Excellence (ACE) Award for the Youth Creativity and Engagement Category from the Rule of Law and Anti-Corruption Centre, a joint initiative between UNODC and the Government of Qatar. This award supports KPK counter the narrative of some politicians that they are focusing too much on investigating politicians and not enough on community prevention programs. The award ceremony was held at the UNODC offices in Geneva.

RANHAM Joint Secretariat

Focus: National Plan of Action on Human RightsKey activities undertaken: AIPJ2 has assisted the preparation of a draft National Plan of Action on Human Rights for

2018 – 2019, which was completed in November following a number of consultations across all Ministries. The Plan of Action has been submitted to the Ministry of Law and Human Rights for harmonisation and subsequent issuance of a revised Presidential Decree on RANHAM.

Specific inputs to the Plan of Action were provided through AIPJ2 on gender and disability inclusion. These include (i) a new action on gender equality which focuses on prosecution and prevention of violence against women by law enforcement officers; (ii) new indicators related to the implementation of the Legal Aid Law, including the number of officers who understand the importance of legal assistance for vulnerable community members; (iii) an action plan on “Preparation of derivative legislation from Law 8/2016 on persons with disabilities” has been formulated in more detail to comply with various regulations including those coming out of the Ministry of Social Affairs, Ministry of Justice and Human Rights, Ministry of Finance, and the Ministry of Education and Culture; and (iv) ‘A roadmap for healthcare inclusion for persons with disabilities’ was added.

2.2.2 Pillar 2 – Security and Transnational Crime

The work under this Pillar is delivered primarily through Government of Australia (GoA) implementing partner agencies.

All GoA partners were integrated into AIPJ2 during the inception phase and funding disbursed in accordance with DFAT approved proposals. A meeting was held with GoA Pillar 2 partners at the Australian embassy in December to discuss and clarify AIPJ2 monitoring and reporting expectations.

Based on GoA partners’ first six-monthly reports to AIPJ2 we can report the following:


Australian Border Force (ABF)

Focus: Border protectionKey activities undertaken:The emphasis was on conducting frontline officer training (M216; F34). Other specialist training was also conducted: Fraud and document examination training Specialist training in x-ray technology and ionscan technology Study tour of five Directorate General Customs and Excise (DGCE) K-9 program

particpants to Melbourne were provided an overview of the ABF Detector Dog Program. Included was a one day briefing on ABF Investigations management. The DGCE delegation incorporated one senior manager, one lead instructor, one investigator, one lead dog

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handler and one intelligence analyst. As the study tour coincided with the bilateral talks in Australia, there was the opportunity to

get the Director General (DG) of DGCE to also tour the Detector Dog Program facility, to demonstrate what the sustained management of such a program entailed.

Department of Infrastructure and Regional Development (DIRD)

Focus: Airport securityKey activities undertaken: In co-operation with the UK Department of Transport, 200 aviation security officers trained

in advanced screening technology, resulting in new policies being introduced which reinforce the training

Threat and risk assessment workshops were conducted in Medan and Jakarta in which new policies were discussed and as a result DG Decree KP238/2017 was introduced to specify risk management methodology and assessment tools.

Maritime security contingency planning exercise was conducted leading to increased partnerships between key stakeholders in government and the shipping industry.

Australian Transaction Reports and Analysis Centre (AUSTRAC)

Focus: Investigating illegal financial transactions Key activities undertaken: Consultation on crime type for the first analyst exchange began in June 2017 with

AUSTRAC stakeholders in Australia, GoA law enforcement partners in Australia and Jakarta (Australian Federal Police – AFP), Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK or Indonesian Financial Transaction and Analysis Center) and with their law enforcement partner, the Indonesia National Police (INP). As a result of these consultations, in July 2017 it was agreed by the Heads of AUSTRAC and PPATK that the topic for the analyst exchange would be People Smuggling networks that were active in Indonesia and Malaysia and had previously targeted Australia as an end destination.

Given the involvement of Malaysian crime syndicates it was also recommended that the Malaysian financial intelligence unit, also be invited to join the analyst exchange. In November 2017, they confirmed their participation on a self-funded basis which made the exchange a trilateral engagement. It will provide capacity building, operational and strategic relationship building and a deeper intelligence insight opportunity.

From September to November 2017 logistics and legal work was undertaken to facilitate the actual analyst exchanges. A detailed Terms of Reference document was developed and negotiated that set out the process and outcomes expected from the exchanges as well as detailed privacy, confidentiality and security requirements.

From 27 November to 8 December 2017 the analysts (three PPATK analysts (F2:M1), one INP officer (M) and one self-funded BNM officer (F)) gathered in AUSTRAC's Melbourne office. Demonstrations of AUSTRAC systems, techniques and processes were given; AFP also conducted briefings and a tour of the Melbourne office. At the conclusion, an Intelligence Brief that included the findings and processes undertaken in the previous two weeks was completed by the team and forwarded to law enforcement.

The analysts will reconvene in Jakarta from 29 January to 2 February 2018 and in Kuala Lumpur from 19 February to 23 February. A second phase of the analyst exchange is scheduled to commence in March 2018. Planning for this is currently underway.

Attorney General’s Department (AGD)

Focus: Investigating transnational crimeKey activities undertaken: A Workshop on Handing Money Laundering in Capital Markets and Asset Recovery was

jointly delivered with KPK in Bandung in May 2017. It brought together over 60 Indonesian practitioners and experts (including from KPK, PPATK, INP, Ministry of Finance, Otoritas Jasa Keuangan (OJK), DG Taxation, KSEI and AGO) and Australian experts (AGD and Australian Securities and Invesment Commission) to catalyse Indonesia’s response to its identified risk of money laundering (ML) in the capital market. Participants’ learning was tested through a hypothetical exercise, and a practitioner’s network was established to reinforce inter-agency communication.

As a result of participant feedback, KPK and AGD initiated the next phase of this activity – development of a set of technical practitioner guidelines on how to run these criminal cases. Starting in November 2017, AIPJ2 and the Australian AGD has been partnering with Pusat Studi Hukum dan Kebijakan (PSHK) to support KPK in developing Technical Guidance on Money Laundering in the Stock Exchange. PSHK and KPK conducted the first stakeholder consultation in December to gather data and identify priorities for action / improvement. This was attended by investigators from KPK, INP, OJK and Prosecutors from AGO.

A Workshop on Using Electronic Evidence in Terrorism Cases was jointly delivered with AGO’s Legal and International Bureau, in Semarang in April 2017. Over 30 investigators,

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prosecutors and legal policy officials from Indonesia, Malaysia, Philippines, Singapore, Thailand, Australia and America joined to increase their understanding of, and ability to effectively use, electronic evidence in terrorism and transnational crime cases.

Regional Seminar on Terrorism Financing and other Financial Crimes was jointly delivered with AGO’s Legal and International Bureau, in Medan in August 2017. Prosecutors from all ASEAN countries (except Singapore) along with Australia, America and the ASEAN Secretariat, discussed the regional terrorist financing risks and methodologies, and ways to improve the regional response to financial crime, including through improved international crime cooperation.2 The seminar also brought private sector (Bitcoin Indonesia) to the table in an examination of how digital currencies are being used to commit financial crimes.

AFP Focus: Law enforcement / cybercrime / CVEKey activities undertaken: Funded the travel for a senior INP female officer to attend the International Women in Law

Enforcement Conference in Cairns; Funded and facilitated a study tour to Australia by the INP Narcotics Directorate to

Canberra and Sydney; Funded and facilitated a Cybercrime Leaders Working Group meeting in Canberra and

Sydney between the INP and the AFP leading to a protocol on co-operation in cyber crime investigations;

Funded a component of a Jakarta Center for Law Enforcement Cooperation sub regional forum on Implementation of Gender Based Prevention/Countering Violent Extremism.

2.2.3 Pillar 3 – Preventing Violent Extremism (PVE)


Partnership with Yayasan Prasasti Perdamaian (YPP)

Organisation for the Promotion of Peace

Focus: Enabling environment for the rehabilitation and reintegration process of deportees

Key activities undertaken:

YPP met 12 deportees in West Java (Bekasi, Bogor, Pandeglang, Tangerang, and Depok) and Central Java (Pekalongan, Solo, Karang Anyar, Sragen, and Klaten) to undertake an initial assessment of their needs, their level of radicalism and engagement with radical groups/networks.

Follow up research was then conducted with former foreign fighters and former terrorist inmates which indicated, among other things, that: (i) migrant labour, including women migrant labour, are vulnerable to radicalism; (ii) some deportees want to go back to Syria or to re-join the forces; (iii) not all deportees would accept financial support offered by YPP (or others) due to either ideological objection or inadequate financial incentive; and (iv) there is no formal law or policy that governs the administration and monitoring of deportees, and most ex-terrorist prison inmates are not cognitively (or ideologically) changed during or following their incarceration.

YPP has ensured that seven boys currently detained for terrorism offences are now in juvenile facilities. As a result of counselling from YPP, there are indications that one of the boys is willing to go back to school (which he formerly believed was a place of the “infidel”).

Partnership with C-SAVE

Indonesia Civil Society Coalition on Countering Violent Extremism

Focus: Draft of Anti-Terrorism Law and Standard Operating Procedure (SoP) on Social Rehabilitation, Repatriation, and Reintegration


C-SAVE has been working with other CSOs, and six out of their 10 suggestions have been accepted to be part of the Anti-Terrorism Law (Rancangan Undang-Undang). These suggestions relate to: (i) Women and Children Courts, (ii) Former foreign fighter handling; (iii) Human Rights, (iv) Civil Refraction; (v) Death Sentence; and (vi) Detention.

C-SAVE has cooperated with several GOI agencies (including the President’s Office) in providing input to the Draft SOP on the handling of deportees.

C-SAVE was responsible for recommending that the legal framework for this was a Presidential Instruction, given that multi-agency co-ordination is required. C-SAVE is also preparing a risk assessment tool.

Partnership with The Focus: National strategy on CVE and building a CSO coalition for countering radicalisation

2 Additional AGD funding supported regional attendance at the workshop.

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Wahid Foundation through public discourse and organisational development


The Wahid Foundation prepared a draft National Strategy for Handling Intolerance and Radicalism in Indonesia, and shared it with the Government through BNPT and the Office of the President. Following submission of the draft National Strategy, BNPT invited Wahid and other CSO actors to participate in the development of the National Action Plan for Countering Violent Extremism, and accepted Wahid’s draft as a basis for the National Action Plan. A meeting with 34 Ministries was held in December, attended by Pak Wariki, AIPJ2’s Bappenas counterpart. BPNT requested support from Pak Wariki for a Secretariat for Ministerial Co-ordination. AIPJ2 will provide technical assistance to this Secretariat.

A religious teacher workshop for 35 Islamic Education Teachers aimed at promoting religious tolerance was held in Central Java in December, as a collaboration between the Wahid Foundation and the Islamic Religious Subject Teacher Conference (MGM-PAI). Follow up workshops are planned for East Java, West Java and Jakarta, including with the Association of Indonesian Islamic Education Teachers. Following the workshops, teachers will be monitored by the Wahid Foundation for six months and 10 teachers rated best in encouraging tolerance and peace in their respective schools will be engaged to share their good stories with other schools.

The Wahid Foundation conducted a series of meetings with the East Java Police and agreed to strengthen Police and Community Communication Forum networks at the village level consisting of Police, religious officials and village leaders. As a result, it was agreed to discussion sessions in 10 target villages that have a high level of vulnerability to intolerance and radicalism. Cooperation is expected to expand to West Java, Central Java and DKI Jakarta in 2018.

The Wahid Foundation organised a Peace Journalist Camp in November 2017, participated by 32 youth representing four provinces (DKI Jakarta, West Java, Central Java and Java East). The participants will now be encouraged to write and disseminate messages promoting peace and tolerance through social media.

The Wahid Foundation is implementing an ‘Innovation Challenge Fund for Tolerance (ICF-TOLERAN)’ which invites CSOs and communities to propose community driven solutions to intolerance through Concept Notes. As a result, in November, Wahid received 82 Concept Notes and has selected 26 for further activity development. Following further assessment and approval, activity implementation is expected to commence in early 2018.

Other Focus: Working Group on Women and Preventing/Countering Violent Extremism (P/CVE)


Since April 2017, AIPJ2 has nurtured a collaborative space for women’s advocacy and religious groups to work together to recognise and women’s involvement in violent extremism in Indonesia. This effort has led to an organised movement led by Indonesian women to complement each organisations’ strengths and work closely with government stakeholders. The group has developed a draft strategic five-year plan. AIPJ2 has supported to the Working Group on Women and P/CVE (WGWC) in its annual work plan for 2018.

2.2.4 Pillar 4 – Correctional Services Reform


Partnership with The Asia Foundation (TAF)

Focus: Strengthening the Corrections Database System (SDP), Corrections management, and participation of civil society to address correction reform issues


Corrections Database System

TAF has continued to support the development of the SDP, guided by the Directorate General of Corrections (DGC). Two key features supported are the development of ‘remission’ and ‘integration’ online modules. The remission module has been used since August 2017, and by end of December 2017 has assisted DGC in processing approximately 95,000 remission applications from all over Indonesia, of which 92,816 were approved and 3,000 applications were returned to relevant prisons due to incomplete supporting

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documents. The simplified and efficient business process has been outlined in the amendment draft of

the Ministerial Regulation (Permen) No. 21 (2013) on the Requirements and Procedure of Remission and Integration. The draft amendment is expected to be signed off by the Minister in quarter one of 2018.

The new business process also granted families and their lawyers with access to monitor the remission process, which is a breakthrough in DGC efforts to improve services to inmates and their families. Full implementation of remission and integration modules in SDP by DGC is expected to contribute in reducing overcrowding in prisons and improve corrections services to inmates and their families.

Strengthening Corrections Management

TAF, with support from the Center for Detention Studies (CDS), has provided technical assistance to the DGC in the development of a new Blue Print for Correctional Reform (Cetak Biru Pemasyarakatan) and in improving their capacity to manage high risk inmates by reviewing and adjusting the existing risk profile assessment tools. DGC has established a working committee to support the develop the blueprint development, consisting of senior and experienced DGC officials as well as CDS and TAF representatives. The working group has identified three main areas to focus on as reform priorities, namely to: (i) fulfill inmates basic needs; (ii) transform business process into IT based applications; and (iii) improve management of corrections services. DGC will complete the blueprint development process in April 2018 to enable it to become a reference document for the development of the next Mid-Term Development Plan (RPJMN 2020-2025). To help ensure the blueprint is adopted by GoI in the next RPJMN, DGC has included Bappenas in the discussion and blueprint development process.

CDS conducted an assessment of seven risk profiling tools and/or inmate assessment guidelines that have been used by DGC to determine the level of risk as well as to design treatment programs. The assessment concluded that these tools are largely ineffective and cannot be broadly applied throughout the corrections cycle. A further consultation process with DGC leadership is expected to be conducted early 2018 to improve the tools.

Through TAF support, CDS has also contributed to the development of operational guidelines for high risk prisons, which was adopted into Ministerial Decree No. M.HH-02.PK.01.02.02 dated 14 November 2017.

Increasing participation of civil society to address correction reform issues

AIPJ2 provided support to ICJR which leads a CSO coalition on criminal code reform (Aliansi Nasional Reformasi KUHP).

During this reporting period, ICJR has worked with CSO coalition members to monitor the development of the criminal code (KUHP) amendment and conducted lobbying with members of parliament to prevent over criminalisation in the new criminal code (which would lead to an increase in prisoner numbers). For example, the current draft of KUHP contains 1,154 crimes with prison sentences and only 59 type of crimes with community work sentences. Also, the draft KUHP does not provide a clear mechanism to oversee and address possible human rights abuses in prisons.

In November and December 2017, ICJR produced 32 articles that have been covered by the media, and conducted 10 meetings with lawmakers to discuss the draft KUHP. ICJR monitoring results are available on both the coalition website (www.reformasikuhp.org) and ICJR’s website.

2.2.5 Pillar 5 – Gender Equality, Disability and Social Inclusion


Partnership with Sentra Advokasi Perempuan Difabel dan Anak (SAPDA) and Sasana Inklusi dan Gerakan Advokasi Difabel (SIGAB)

Focus: Implementation of the Disability Law and other Disability Inclusion initiativesKey activities undertaken: As a result of advocacy and lobbying by both SAPDA and SIGAB, agreement was reached

between GoI and Disabled People’s Organisations (DPOs) in August 2017 on the need to draft seven implementing regulations (Rancangan Peraturan Pemerintah / RPP) for the Disability Law, rather than one regulation as originally proposed by GoI.

The AIPJ2 Disability Advisor, SAPDA, and SIGAB representatives have been actively involved with other members of the Civil Society Working Group (POKJA) and the

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BAPPENAS team to draft regulations on planning, implementation and evaluation, completed in December 2017. They are now being considered by the Ministry of Law and Human Rights in terms of harmonisation and subsequent issuance.

SAPDA has supported the modeling and piloting of the ‘inclusive city’ concept in Yogyakarta as well as the development of a resource center on disability and social inclusion.

SAPDA has also been an active contributor to the drafting and lobbying process on implementing regulations for social welfare and public services. In October 2017, a consultation meeting, led by SAPDA has resulted in a draft outline of the two regulations, formation of a drafting team and a follow-up workplan. During further consultations and drafting meetings in November and December, the regulations were completed and now being discussed with the Ministry of Social Affairs and the Ministry of Public Affairs.

The partnership with SIGAB has focused on: (i) maintaining and improving SIGAB’s online portal on disability and justice (www.solider.or.id); (ii) improvement of SIGAB’s legal aid unit; and (iii) developing evidence for advocacy, such as through publication of Jurnal Difabel.

SIGAB has also been supporting the drafting of implementing regulations on ‘Reasonable Accommodation3 on Access to Justice’, in cooperation with POKJA, PSHK, Pusat Studi Hak Asasi Manusia Universitas Islam Indonesia and PSHD Atmajaya University. The first consultation workshop was led by SIGAB in October 2017, and has resulted in a draft outline, drafting team and workplan. After a number of drafting meetings and consultations in November and December, the CSOs version of the draft was completed in December, and has been submitted to the Ministry of Law and Human Rights for their review and consideration. The Court reform team, in collaboration with SIGAB, has also organised a livestreaming community discussion on 10 December 2017, raising the topic of Reasonable Accommodation to ensure access to justice.

Partnership with Rumah Kita Bersama (Rumah Kitab)AndFamily Court of Australia

Focus: Child marriageKey activities undertaken: AIPJ2 has been partnering with Rumah Kitab (funded by AIPJ2 through DFAT’s Gender

Equality Fund) since June 2017, for the implementation of BERDAYA, which aims to assess changes in attitudes towards child marriage in four locations (North Jakarta, Bogor, Depok, and South Sulawesi). Initial assessment of child marriage prevalence and contributing factors was conducted between September and December 2017, and focused on identifying the current situation and practices of child marriage, including the drivers and enablers of child marriage, and the role of formal and institutions (including religious groups) and individuals in potentially encouraging or discouraging child marriage. The results of the assessment have now been used to revise the theory of change and amend the modules that will be delivered later in the activity to improve life skills and self confidence among girls and raise awareness among leaders and judges in order to prevent child marriage.

AIPJ2 also supported Rumah KitaB in conducting a series of policy advocacy and public campaigns to end child marriage practices in Indonesia, through “Jaringan Aksi Remaja” (youth networks) in association with other CSOs and using social media platforms. In South Sulawesi, an informal discussion was held between the Australian Ambassador for Women and Girls, local community members and representatives of local government authorities to discuss and exchange information about child marriage practices that occur in both countries and initiatives taken to counter and prevent child marriage.

In November 2017, Rumah KitaB and BERDAYA’s representative participated in a workshop “Metodologi Hukum Islam di dalam mengkaji Hukum Keluarga” (Islamic Legal Methodology within the Context of Family Law), facilitated to promote a view of Islamic family law based on child protection values by Syariah Faculty, National Islamic Institute located in Tulungagung, East Java.

In November 2017, Rumah KitaB participated in the Rapat Pokja Perlindungan Anak hosted by BAPPENAS. The meeting sought inputs about best practices on child marriage prevention and recommendations that would strengthen BAPPENAS’ work planning in 2018.

In December 2017, Rumah KitaB and the AIPJ2 Gender Adviser participated in a meeting facilitated by the Ministry of Religious Affairs to advocate child marriage prevention. At this event, a recommendation was made to the government to develop programs that target not

3 “Reasonable accommodation” is defined as “assistance or changes to a position or workplace that will enable an employee to do his or her job despite having a disability” (Americans with Disabilities Act – adopted as international standard). In this case it relates to changes which enable access to justice. It is also referred to elsewhere as “inclusive courts”.

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only formal leaders, but also include local non-formal leaders, parents, and youth as they are the local actors that have significant influences over child marriage practices. The Ministry agreed to co-operate with Berdaya and AIPJ2.

The Family Court of Australia is partnering with Indonesian CSO’s to analyse court decisions that enable under age marriage. The analysis will inform the development of training curriculum for religious court judges to help reduce child marriage. There rise in cases in which the Religious Court is requested to give permission for marriage from 631 cases in 2005 to 16,817 cases in 2015. This represents a 24-fold increase in marriage dispensation cases (dispensasi nikah) being brought to the Religious Court compared with a 3-fold increase in total cases received by the Religious Courts over 2005-2015.4

Other AIPJ2 launched the study on Human Trafficking in Eastern Indonesia, following research conducted during AIPJ. Further follow up action will be pursued by AIPJ2 partners in Sulawesi Selatan and possibly by AIPJ2 once there is more certainty on DFAT’s Regional Anti-Trafficking program.

3 Assessment of progress against AIPJ2 objectives

3.1 OverviewAIPJ2’s Broad Goals are as follows:

> Indonesian partner organisations are embedding transparency, accountability and anti-corruption reforms in process and practice.

> Indonesian partner organisations are preventing and investigating transnational crime more effectively

> Indonesian partner organisations are preventing5 violent extremism> Police, courts and correctional services are collaborating to enforce rights and uphold the rule of

law> Justice and legal services promote greater accessibility and enhance gender equality so that the

rights to justice services of women and people with disabilities are fulfilled and that they are included in, and benefit from, development6.

Under AIPJ2’s theory of change, Indonesian partners work towards each of these goals by developing policies and implementation plans that are informed by evidence of sub-national practice, the rights of women and people with disabilities, inputs from CSOs, and / or international good practice. Improved GoI policies and implementation plans are thus the End of Facility Outcomes that AIPJ2 supports.

AIPJ2 contributes to these locally-led efforts by supporting the following intermediate outcomes:

> Knowledge: GoI and CSO partners have enhanced knowledge of problems and how to solve them based on evidence

> Partnerships: GoI and CSO partners are working effectively together (partnerships, networks and coalitions) to develop improved policy and support its implementation

> Systems and skills: GoI and CSO partners have enhanced institutional capacity (systems and skills) to support policy development and implementation

> GEDSI: GoI and CSO partners have enhanced understanding of how to promote and protect the rights of women and people with disabilities.

4. 2005 Religious Courts case data is presented in Himpunan Data Statistik Perkara di Lingkungan Peradilan Agama Seluruh Indonesia Tahun 2005, Mahkamah Agung RI Direktorat Jenderal Badan Peradilan Agama Tahun 2006 and 2015 case data is presented in the Laporan Tahunan Badan Peradilan Agama Tahun 2015.5 Previously this was expressed as “promoting tolerance and countering radicalisation”. There was consensus that the outcome should be worded more directly around prevention of violence.6 The GEDSI strategy argues that promoting rights was not enough and that we needed to follow through to ensure benefits were being realised by women and people with disabilities.

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Annex 6 provides a summary of the main GoI policies that AIPJ2 has been supporting to date and which are considered potentially ‘significant’ and Annex 7 shows alignment to the Medium Term Development Plan.

The following sections provide further description of AIPJ2’s contribution to new or improved policy development and implementation plans, as well as progress made in supporting enhanced knowledge, partnerships, capacity and GEDSI.

Further evidence of AIPJ2’s contribution to identified significant policy changes will be collected and documented as part of AIPJ2’s performance assessment framework (PAF) reporting to DFAT, due in May 2018.

3.2 Pillar 1 – Transparency, Accountability and Anti-Corruption

Indonesian partner organisations are embedding transparency, accountability and anti-corruption reforms in process and practice.

(Partnership, GEDSI) As a result of technical assistance, advocacy and facilitation of meetings by AIPJ2 and the work of MaPPI and the Family Court of Australia, the Supreme Court Regulation (PERMA 3/2017) was enacted by the Supreme Court leadership to implement procedures consistent with the Bangkok Guidance on Women in Contact with the Law. This regulation requires all judges and court officials to adopt revised processes for the treatment of women victims, suspects, witnesses and detainees to reduce discrimination, protect women against further victimisation, respect dignity and improve access to justice. PERMA 3/2017 also creates a conducive environment for improved analysis and reporting of data by the Supreme Court, including sex and disability disaggregated data.

(Capacity building, Partnership, GEDSI) As the SPAK movement matures, the Government of Indonesia has increasingly recognised its value in preventing corruption and is contributing national and sub-national budget to training and events: (a) Bappenas and KPK have allocated funding for SPAK expansion; (b) the Ministry of Religious Affairs has allocated 2018 budget; and (c) the governments of Makassar, Bone and Soppeng have funded SPAK events. AIPJ2’s strong working relationship with government and effective reform advocacy have contributed to the sustainability of the movement.

(GEDSI, Partnerships) The adoption of SPAK by the National Police leadership and POLWAN (the collective body of policewomen), the placement of POLWAN SPAK agents in strategic reform positions in Yogyakarta and other locations, and SPAK’s linkages to police public service and integrity initiatives, is supporting direct benefits for communities in terms of corruption prevention.

(GEDSI) SPAK was presented the global award for innovation in anti-corruption by the Rule of Law and Anti-Corruption Centre, a UNODC and Government of Qatar initiative under the United Nations Doha Agreement. The UNODC has also recognised SPAK at its regional anti-corruption conference in Bangkok and is co-funding SPAK activities with police women and prosecutors in Yogyakarta and Jakarta.

(Capacity building, GEDSI) Following up on the SPAK Training for POLWAN (policewomen), the Chief of Police in Bone district, South Sulawesi together with other stakeholders declared they would develop “Corruption Free Villages”.

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3.3 Pillar 2 – Transnational Crime and Security Strengthening

Indonesian partner organisations are preventing and investigating transnational crime more effectively

ABF and Australian DIRD reported the following progress:

(Knowledge, Capacity building) The ABF and DIRD reported increases in detection of prohibited goods and currency as a result of the use of advanced screening technologies, enabled by specialist training to government and industry officers at border checks. Agencies have adopted new policies and integrity standards as a result of activities.

(Partnerships) ABF activities have been single agency focused until now, with plans to bring agencies together next year. DIRD have been bringing together industry and government officers involved in aviation security, leading to joint implementation of improved regulations and risk management.

(GEDSI) ABF reported on the low numbers of female participants in frontline officer training, reflecting a lack of gender equality in employment. ABF is actively supporting female leaders, one of whom led the Integrity study visit and was subsequently promoted to lead the Ambon Office. ABF are also supportive of AIPJ2 introducing SPAK corruption prevention training into their agencies.

Australia’s Attorney General’s Department reported the following progress:

(Knowledge, Capacity building, Partnership) The AGD supported money laundering workshop which enhanced participants’ knowledge of the money laundering and market manipulation vulnerabilities of Indonesia’s capital markets – a space in which criminal offending is currently under-detected and investigated. There were capacity gaps identified in: awareness about the operation of the anti-money laundering law; how to technically progress a capital market case, including identifying beneficial owners; seeking cooperation from foreign partners; and effective coordination between Indonesian law enforcement and regulatory agencies. Feedback indicated that the workshop provided a useful networking channel through which to continue to strengthen inter-agency working relationships and develop an understanding of cross-sectoral issues and responses.

(Knowledge) Participant feedback from the AGD regional financing seminar indicated that most participants came away with a stronger understanding of new forms of money laundering, how digital currencies are used to commit crime, and provided them with practical tools to improve their work.

(Capacity) An increased capacity of Indonesian investigators and prosecutors in utilising electronic evidence can be seen in the September 2017 conviction in Jakarta of four persons for terrorism offences, and sentencing for significant terms of imprisonment. The lead prosecutor and team members were participants in AGD’s electronic evidence training. The police and prosecutors relied on novel forms of evidence to support their case, including Telegram messages.

(Partnership) The AFP and INP have enhanced their working relationship within the cybercrime area and also drafted a protocol on cybercrime cooperation between the two agencies, which defines and clarifies the responsibilities for investigations, role assignment, information sharing procedures and third party disclosure. This protocol will complement the existing Arrangement between the two agencies.

AUSTRAC reported the following progress:

(Knowledge) Led by the Australian AUSTRAC analysts working in Indonesia, the Indonesian participants have been provided capacity building through the sharing of technique and methods of detecting suspect money flows, demonstration of systems and effective engagement strategies

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deployed by AUSTRAC with partner agencies. The exchanges have also developed relations at the critical operational staff level. These relationships will potentially have long lasting positive impacts to operations involving Australian and Indonesian agencies. By having the particpants work on active law enforcement investigations also means that the intelligence product developed at the end of each leg of the exchange is of immediate relevance and use to law enforcement.

(Partnership) The analyst exchanges conducted over a number of months in different locations actively encourage collaboration and understanding between participants. As the participants must produce an outcome of relevance to each countries law enforcement agencies it requires the analysts to work together to develop and deliver a high quality product under tight time frames. Having the PPATK and INP analysts working together over a period of time will also encourage greater ongoing collaboration within GoI agencies

(Capacity) PPATK will undertake internal training based on the experience of the three analysts in Melbourne with the view to introducing new techniques and procedures in PPATK for detecting and/or investigating people smuggling networks in future.

3.4 Pillar 3 – Preventing Violent Extremism

Indonesian partner organisations are preventing7 violent extremism

(Partnership, Capacity Building) With funding and advice from AIPJ2, C-Save worked with the Ministry of Social Affairs to develop SOPs for the support and reintegration of returnees from formerly Islamic State in Iraq and Syria controlled zones in Iraq and Syria. The SOPs are expected to be the basis of a Ministerial regulation and then a Presidential Decree, applying to other relevant agencies. After training on the regulation, Penanganan Korban Bencana Sosial (Victim Support Agency) is willing to allocate their budget to deportees’ repatriation and streamline repatriation procedures.

C-Save also contributed to the draft Anti-Terrorism Law, being developed in Parliament.

(Partnership) Based on a series of Wahid Foundation activities such as lobbying, coordination, discussion with CSOs, GoI institutions, religious organisation and scholars, Wahid Foundation and its networks have drafted a National Strategy on P/CVE that has been shared with BNPT and is being incorporated into the official Government National Action Plan.

(Knowledge) Wahid Foundation involvement in Munas of Nadhlatul Ulama resulted in Nadhlatul Ulama making a fatwa declaration that hate speech was ‘haram’ (forbidden by Islamic values). While estimates vary, Wahid claim that the policy is followed by 80% of Indonesia’s Muslim population.

(GEDSI) The Women and P/CVE Group facilitated through AIPJ2 was the first civil society group to be invited to contribute to the National Action Plan, amplifying women’s voices and opening the way for other civil society partners like Wahid Foundation and others.

3.5 Pillar 4 – Corrections Reform(Partnership, Knowledge) The Directorate General of Corrections advocated successfully for 15,000 additional prison officers to improve prisoner-inmate ratios and allow improvements in inmate management and rehabilitation. Data from the Inmate Management System and advice from partners TAF and CDS directly contributed to DGC management’s advocacy for more resources.

(Capacity Building) As a result of AIPJ2 support for the implementation of the Inmate Management System, 90,000 remission applications were processed online. An efficient and informed remission process is a key element in reducing overcrowding. A Ministerial Decree was also published on the management of high-risk prisoners in Nusa Kambangan.

7 Previously this was expressed as “promoting tolerance and countering radicalisation”. There was consensus that the outcome should be worded more directly around prevention of violence.

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(GEDSI) As a result of AIPJ2 advocacy, DGC approved a disability assessment to be conducted across the corrections system. This will start with assistance from TAF, PUSHAM UII and AIPJ2’s Disability Advisers in early 2018.

3.6 Pillar 5 – Gender Equality, Disability and Social InclusionGEDSI activities are now mostly mainstreamed into the work of other Pillars, as reported above, or reported as foundational activities. (Partnership, GEDSI) Draft regulations on planning, implementation and evaluation of the Disability Law were completed in December 2017 with AIPJ2 support, and are now being considered by the Ministry of Law and Human Rights in terms of harmonisation and subsequent issuance. (Knowledge, Capacity) The analysis being undertaken on court decisions that enable under age marriage (The Family Court of Australia in partnership with Indonesian CSO’s) will help inform the development of strategies to address this problem. Similarly, the BERDAYA project’s assessment of attitudes towards child marriage in four locations (North Jakarta, Bogor, Depok, South Sulawesi) is now being used to refine the project’s forward strategy.

4 Changes in the political economy

4.1 Indonesian contextDuring the AIPJ2 Inception Phase, a baseline PEA was conducted by the Asia Research Centre at Murdoch University and discussed with DFAT and the AIPJ2 team, leading to refinement of activity design and a stronger focus on supporting coalitions for reform. The analysis was a ‘point in time’ work and encouraged the team to look more critically at various initiatives like violent extremism, SPAK, corrections reform and gender. The following is AIPJ2’s analysis not a summary of the Murdoch report.

The PEA was heavily influenced by the Jakarta Governor elections, the imprisonment of the former Governor of Jakarta for blasphemy and the way in which Islamic identity was mobilised nationally to distinguish political candidates by religion and divide the reform movement nationally. There were concerns that the election result was a win for anti-reform forces however, with intervention of the President and others, the governing elites have again recalibrated and the new Jakarta administration has recruited pro-reform figures onto its team to shore up public confidence. In part, this has insulated both National and Jakarta administrations against the more extreme elements who were active in the Jakarta campaign and may now expect a dividend.

This recalibration has also opened up dialogue within Government and between Government and civil society on preventing violent extremism. AIPJ2 partners including Wahid and C-Save have been instrumental in the Government’s decision to mainstream the National Action Plan on CVE across all 34 Ministries and invite civil society groups into the process, including the Women and P/CVE Group, initiated during AIPJ. BNPT maintains a policy of not receiving direct assistance from donors but as part of AIPJ2’s annual planning consultations, agreed to Bappenas playing a role in that regard. In turn, this enables Bappenas to integrate CVE into the budget and planning process and map, track and report on donor projects relating to CVE.

The anti-corruption movement has also regained momentum after concerted attempts by Parliamentarians (led by those under investigation) to limit the power of the KPK. Community attention, which had in the past, been firmly fixed on protecting the KPK, had been diverted by extremist protests in December 2016. The arrest of Setya Novanto in November 2017 by the KPK for corruption and the start of his trial in December reinforced that even the most senior public figures were not above apprehension8. It is too early to tell whether the Jakarta Government’s establishment 8 Conversely, if Setya Novanto is cleared it may embolden Parliamentarians and increase the vulnerability of the KPK.

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of an anti-corruption task force, including human rights activist and former KPK Commissioner, Bambang Widjojanto, is supporting or subverting the KPK’s authority, but AIPJ2 is well placed to assess this given links to the administration.

Foundational activities of AIPJ2 have positioned the partnership to influence policy. The merging, within AIPJ’s Reform Co-ordination and Coalitions activity, of work and partnerships supporting legal and judicial reform, the human rights action plan, preventing violent extremism, anti-corruption, gender equality and the new disability regulations has opened opportunities to influence the national agenda leading into the 2018 subnational elections and the 2019 national elections. With careful advocacy by AIPJ2 and partners, there is potential to encourage politicians from all parties to campaign on platforms that support the values being promoted by AIPJ2.

Evidence of this influence is emerging in Sulawesi, where subnational governments are calling on SPAK agents to help them create corruption free villages, by ensuring accountability in the allocation of village funds. Sitting Mayors have recognised the political value of the SPAK movement so it will be interesting if their rivals follow during the campaign. AIPJ2’s commencement in February of projects to prevent violent extremism in Solo, Bima and Poso will similarly test the political dynamics of conflict in these areas, linking up initiatives to address access to justice, social inclusion, anti-corruption and police-community relations in the process. While there are clear opportunities, there are also risks that AIPJ2 becomes associated with one side or the other in political and religious battles, which need to be sensitively managed.

Importantly, AIPJ2 has re-engaged with the Ministry of Law and Human Rights, through the Human Rights Action Plan and Disability Regulations, after our close association for at least ten years until 2015 when support for legal aid and juvenile justice concluded. As well as empowering the disability movement who now have a direct role in policy drafting, the renewal of this relationship opens up avenues for policy advocacy, including into Corrections Reform, which falls under this Ministry but under its own Directorate General. In recognition, the Ministry has requested AIPJ2 to re-engage to help revive the legal aid system, through an evaluation and subsequent advocacy. Re-engagement in legal aid was recommended in the Murdoch University PEA due to its importance to corrections and judicial reform, and the value legal aid organisations bring to promoting gender and disability rights and contributing to reform coalitions.

Finally, the process leading to the Partnership Board captured the changed operating context, with partners and the relevant Bappenas Directors more engaged and active in leading the partnership. They drove the planning process and recommended for greater integration, asking that there be no pillar silos. The Deputy Minister endorsed the process and asked AIPJ2 to be a ‘laboratoreum’ for innovation and testing of new ideas, which could then be incorporated through the State budget. AIPJ2 will continue to support policy development in restorative justice as a unifying theme guiding the next Indonesian Medium Term Development Plan. This advice has been incorporated into the AIPJ2 Activity Plan.

4.2 Australian contextAIPJ2 incorporated the former Security Strengthening Program with no disruption to ongoing activities and relationships. Some Australian agencies, like AFP and AUSTRAC were still disbursing existing budgets so joined AIPJ2 later than others.

In December a meeting was held with all GoA partners to discuss AIPJ2 MEL and reporting requirements. This led to an agreed process and format for GoA partner agency reporting to AIPJ2. The Department of Regional Development working on airport security also contributed an article on the AIPJ2 website, demonstrating how training created policy change. Further work together to improve MEL, GEDSI and Communications capacity will be scheduled in early 2018.

The relatively seamless integration of security and justice functions has created a foundation for more intensive work together on approaches to activities, as partners are ready. The co-operation on

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preventing violent extremism, which combines lessons from ODA and non-ODA efforts, is a model to follow. The growing links to the AGD’s CVE Centre in Canberra, as a source of knowledge and cost effective strategic communications support for Indonesian partners will complement AIPJ2’s field knowledge and relationships. The combination of security and justice perspectives has led to sound strategy and respected choices of CVE grant partners, enhancing Australia’s credibility with Indonesian partners, particularly Islamic organisations. In itself, this has value in the fight against violent extremism, demonstrating respect for Indonesian expertise and countering any extremist narrative that Australia is seeking to contest Islam in Indonesia.

Under the political section of the Embassy, AIPJ2 has enjoyed strong leadership support. Diplomatic efforts have complemented the building of sound relationships within AIPJ2, including in a nuanced, less direct form with BNPT through civil society partners, informal contact with officers and, then officially, through Bappenas. AIPJ2 was granted additional budget by DFAT to meet commitments to partners, and AGD has allocated additional funding for CVE grants in 2018-19. This demonstrates the benefits to both the AGD and DFAT now being recognised in participation in AIPJ2, with both organisations effectively contributing funds to support each other.

AIPJ2’s GEDSI work has been strongly supported by public diplomacy from the Embassy on disability rights, hosting a number of important gatherings for the disability movement, including one in December with the Australian Commissioner for Disabilities. The visit of the Ambassador for Women and Girls to Makassar to support AIPJ2’s work on preventing child marriage led to an ongoing dialogue between countries on this issue, which is offering opportunities to learn and support each other in international advocacy on the issue. This strong commitment at the highest level helps cement Partnership Board support for GEDSI priorities.

4.3 Management responses to changes in the political economyThere have been multiple management responses to the changes in the Indonesian context, including:

i. Reform co-ordination and restorative justice – AIPJ2 has consolidated its resourcing of reform co-ordination and integrated support for the human rights action plan, disability regulations, child marriage, anti-corruption plan and legal and judicial reform agenda under Pillar 1, and linked in Pillar 4. The Knowledge Hub is supporting this work through a knowledge sharing community dedicated to judicial reform and a donor co-ordination platform, both of which have now been demanded by the Indonesia Judicial Reform Forum and a collective call from GoI and civil society. This ensures partners now drive the Knowledge Hub development. A Senior Consultant was identified to support Bappenas in developing co-ordination mechanisms and facilitating partner participation. Restorative justice is being promoted as a unifying theme for the next Medium Term Development Plan and a response to prison overcrowding, which AIPJ2 continues to highlight as a crisis for the Government in terms of Indonesia’s human rights reputation.

ii. Re-engagement of Ministry of Law and Human Rights. AIPJ2 is actively re-engaging with leaders in this Ministry, for two reasons: (1), they have the bureaucratic mandate to implement many of the reforms within our scope; (2) they have actively requested technical assistance. Through this engagement, we have linked CSO experts respected by the Ministry with Ministry officials, enabling the Ministry to perform its mandate to support key reforms Tthe priority currently is accelerating and ensuring quality technical advice to guide reforms, by encouraging the Ministry to take a central place within the judicial reform community. This is particularly relevant as laws such as the Criminal Code are being considered by Parliament. This Code is outdated. AIPJ supported advocacy and redrafting to reduce overcrowding and streamline trial processes. Now the situation is ambiguous because some politicians are using the law to try to criminalise same sex relationships and sex outside of marriage, mobilising religious division for political support, and limit KPK powers of investigation, for their own reasons. The President relies on the

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Ministry to steer the Criminal Code through the Parliament in a way that results in an improved Criminal Code reflecting the Government’s reform ambitions. This is highly complex and requires a strong coalition.

iii. Political mobilisation of religious division – AIPJ2 is taking guidance from CSO and GoI partners on the most appropriate form of assistance. CSOs engaged in the national P/CVE action plan and provided advisory support through Bappenas to the Joint Secretariat supporting Ministerial co-ordination on the national action plan which will strengthened Bappenas capacity to influence the planning process. Through P/CVE grants, AIPJ2 is encouraging and enabling partners to engage with communities, including extremist groups, to discuss drivers of violence in an attempt to challenge intolerance and prevent violence. These grants will operate in the context of sub-national and national elections. The AIPJ2 team is working with the partners to refine activity design to ensure sound logic and effective implementation and financial management of grant funds, and provide links to other partners so they may access their expertise and networks.

In terms of the Australian context, AIPJ2 is engaging gradually as opportunities arise to add value, recognising the well established security relationships already in place. AIPJ2 will share knowledge with partners on MEL and communications and provide new opportunities for networking, especially on GEDSI. As working relationships mature, AIPJ2 will link partners together and introduce new ways of achieving outcomes within Pillar 2. This is already evident in the work of the AGD (now Home Affairs) as a result of the mature relationship built during AIPJ and the first part of AIPJ2. The engagement of PSHK to work with KPK and AGD to develop money laundering curriculum for police, prosecutors and judges is a big step from the previous practice of Australian judges coming over to deliver such training.

An updated Risk Register for December 2017 is also provided at Annex 8.

5 Changes in strategy and follow-up actions

AIPJ2 strategy has been influenced by the GEDSI strategy, the MEL Framework, the PEA and the annual planning process, culminating in direction from the Partnership Board as to the scope of the 2018 Annual Work Plan. Refinements in strategy have also come about as a result of learning by doing over the past eight months. The Quarterly Review and Reflection process being undertaken with implementing partners, which promotes a problem-driven iterative adaptation approach, has been particularly useful in helping to better understand how AIPJ2 strategies can be adapted to ensure ongoing relevance and effectiveness.

The key changes and / or refinements to AIPJ2 strategy are as follows:> Coalitions for reform including government and civil society will be given more emphasis and are

now consolidated into one Activity – Reform Co-ordination and Coalitions – under the Senior Manager, Transparency, Accountability and Anti-Corruption

> The social movement approach successful in SPAK is now informing designs of other activities such as preventing child marriage and preventing violent extremism. AIPJ2 is linking networks to increase leverage for change.

> ‘Prison Reform’ has been renamed ‘Corrections Reform’ to highlight the importance of promoting restorative justice and to reflect our Indonesian counterpart’s terminology. The scope of work has been expanded to include broader engagement of civil society beyond our long term institutional partner, CDS, to ‘external’ CSO partners who can advocate change from outside of the government. This is linked closely to reform coalition work above.

> GEDSI work has been extensively mainstreamed following Partnership Board direction and strong recommendations from within the AIPJ2 team.

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> The focus on ‘ease of doing business’ driven by economic growth and market development priorities is being increasingly balanced by an ‘ease of being Indonesian’9 focus driven by civic participation and social equality goals linked to the SDGs.

> ‘Promoting tolerance and countering radicalisation’ has been replaced by ‘preventing violent extremism’ – this goal more accurately reflects AIPJ2 strategy. The use of more direct language in this area reflects a more open dialogue with government and civil society partners.

In order to ensure that AIPJ2 staff and implementing partners can continue to strengthen their ability to plan Activities, and then effectively monitor and report on their contribution to end of Facility outcomes as part of a learning process, planned follow-up actions include:

> Preparation of Activity Statements for all individual investments, using a standard format that helps link each Activity to AIPJ2’s Theory of Change.

> Continued refinement of the quarterly review and reflection process with partners, including training of APJ2 staff in facilitation skills.

> Ongoing development and operationalisation of AIPJ2’s management information system (MIS) and the Knowledge Hub.

> Conduct of training for AIPJ2 staff and selected partners in ‘Rapid Outcomes Assessment’ and the development of ‘Stories of Change’.

9 This term was introduced at the Partnership Board by Bappenas’ Director of Social Welfare and Poverty Reduction to cover aspects of legal identity, social protection and access to services that were felt to be as important as ease of doing business.

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Annex 1 Infographic summary of AIPJ2 scope

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Annex 2 Staffing and Technical Advisers

Long term staff

No. Name Position Start date

1. Adhi Ardian Kustiadi Activity Manager – Corrections Service Reform 17 Apr 2017

2. Adi Suryadini Program Performance Manager 4 Oct 2017

3. Afnia Sari Activity Manager – Security Strengthening and Preventing Violent Extremism

17 Apr 2017

4. Ahmad Safikri Office Assistant 21 Sep 2017

5. Andi Sahriah Alam (Riri) Knowledge Hub Officer Makassar 19 Oct 2017

6. Angie Bexley Deputy Team Leader 17 Apr 2017

6. Ajeng Wirdaningsih Activity Coordinator – Transparency, Accountability, Anti-Corruption

09 Nov 2017

7. Craig Ewers Team Leader 17 Apr 2017

7. Edward Peter Latumaerissa Driver 22 May 2017

8. Harry Candra Sihombing Management Information System (MIS) Officer 01 Dec 2017

9. Helviani Pasang Activity Coordinator for South Sulawesi Office 16 Nov 2017

10. Husaimah Husain, SH Provincial Coordinator for South Sulawesi Office 24 Apr 2017

11. Indriany Knowledge Hub Officer Jakarta 20 Nov 2017

12. Judhi Kristantini Senior Manager – Transparency, Accountability & Anti-Corruption

17 Apr 2017

13. Mira Renata Tanujaya Communication Manager 17 May 2017

14. Nila Dini Haryanti Activity Coordinator for GEDSI and Communications.

16 Oct 2017

15. Nita Andriasih Senior Grants and Contracts Officer 17 Jul 2017

16. Ratna Kreshtiana Operations Manager 18 Sept 2017

17. Rina Erlina Berliana Activity Manager for Mainstreamed Gender Equality, Disability & Social Inclusion

1 Aug 2017

18. Sarah Sagitta Harmoun Activity Coordinator for Security Strengthening and Preventing Violent Extremism.

31 Jul 2017

19. Sumarto Finance Assistant 20 Nov 2017

20. Teguh Sih Prathiwi Senior Finance Officer 12 Jul 2017

21. Theodora Yuni Shah Putri Activity Manager – Transparency, Accountability & Anti-Corruption

17 Apr 2017

22. Yogi Purnami Office Operations Coordinator 12 Jun 2017

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National Short-term Consultant

No. Name Position Start date End date

1. Gandjar Laksamana Bonaprapta

Legal Consultant for Transparency, Accountability, Anti-Corruption

2 June 2017 31 Dec 2018

2. Maria Kresentia Consultant for Transparency, Accountability, Anti-Corruption

2 June 2017 31 Dec 2018

3. Lies Marcoes Senior Advisor for Mainstreamed Gender Equality, Disability & Social Inclusion

12 June 2017 11 June 2019

4. Wahyu Widiana Senior Advisor for Transparency, Accountability, Anti-Corruption

12 June 2017 20 June 2019

5. Muhammad Joni Yulianto Senior advisor for Disability Inclusion 19 June 2017 18 June 2019

7. Harum Retnadi Galuh Sekartaji

Communication Associate 17 July 2017 16 July 2018

8. Bivitri Susanti Partnership Broker Adviser 7 May 2017 8 May 2018

9. Dian Rositawati STA for Joint Secretariat of RANHAM 31 Aug 2017 30 Oct 2017

10. Fajri Nursyasmi STA for Joint Secretariat of RANHAM 31 Aug 2017 30 Oct 2017

11. Muhammad Hafiz M&E for RANHAM 30 Oct 2017 29 Oct 2018

12. ISPI – M. Solahudin Consultant for Returnees/Deportees and high-risk inmate management

13 Nov 2017 30 Jun 2018

13. Mukhtar IT Consultant 6 Dec 2017 5 Nov 2019

International Short-Term Advisers

No. Name Position Start date End date

1. Jonathan Hampshire Senior Adviser MEL 24 Apr 2017 23 Apr 2019

2. Whit Mason Strategic Communications Adviser on CVE 23 Apr 2017 31 Dec 2017

3. Sarah Dyer Senior Adviser Disability 19 Jun 2017 18 Jun 2018

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Annex 3 Financial Summary until December 2017

As of 31 December 2017, AIPJ2 has spent 47% of the total FY17/18 budget, with spending around 52% of activity budget FY 17/18. Compared to monthly forecast, AIPJ2 is 18% underspent on activity costs because we had anticipated earlier expenditure on Murdoch University and Saraswati contracts, and CVE grants. Murdoch and Saraswati invoices have been paid in January and CVE grants have been rescheduled for February.

AIPJ2 efficiency has been calculated as the percentage of total AIPJ2 expenditure spent on activities. Key personnel salaries have been apportioned between activity and operations, based on discussion with DFAT. Overall efficiency for this period is calculated at 86%. This is high, especially given the first year of a program, and reflects the low reliance on international advisers and the high level of activities, given continuity from AIPJ and the mature and effective partnerships.

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FY17/18 Expenses to

date

FY17/18 forecast

% Expenses to date

Contract Limit %

Personnel Fees 469.480 1.001.730 47% 625.847 5.097.079 12%

ADVISER SUPPORT COSTS - AIPJ 24.102 313.242 8% 198.846 1.529.010 13%

Operational Costs 311.872 747.135 42% 482.385 3.282.945 15%

TOTAL Personnel, Advisor, and Operational Cost 805.454 2.062.107 39% 1.307.078 9.909.034 13%

ACTIVITY COSTS ( Exclude Gender Equality Fund) 2.789.803 5.347.835 52% 3.988.634 22.740.677 18%

Gender Equality Fund 45.021 380.000 12% 161.425 500.000 32%

Management Fee 355.029 710.058 50% 479.289 3.550.289 13%

Bonus Payment - - 0% 300.000 0%

TOTAL 3.995.307 8.500.000 47% 5.936.427 37.000.000 16%

Pricing Schedule breakdown

Expenses vs forecast to date Expenses vs contract limit to date

1,368,166

8,718,319

1

AIPJ2 Efficiency

Adjusted Opera-tionsAdjusted Activi-ties


Annex 4 Theory of Change

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Annex 5 Map of SPAK Activity

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Annex 6 List of policy related initiatives supported by AIPJ2

Policies already issued

Title of policy and date issued

Primary focus and GOI implementing partner(s) AIPJ2’s Role Why this is /will be significant

Supreme Court Regulation No.3 of 2017 on Guidance on Women in Contact with the Law (issued 11 July 2017)

Transparency, Accountability and Anti-Corruption – Supreme Court (MA)

AIPJ2 funded and organised the the Supreme Court’s working group on women and children to draft the policy with input and advocacy from CSOs/DPOs.

This regulation requires all judges and court officials to adopt revised processes for the treatment of women victims, suspects, witnesses and detainees to reduce discrimination, protect women against further victimisation, respect dignity and improve access to justice.

Minister of Law and Human Rights (MLHR) Decree No.M.HH 02.PK.02.02 of 2017 regarding Guidance of Designated Penitentiary for High-Risk Terrorist inmates and High-risk Narcotics inmates (issued 14 November 2017).

Correctional Services Reform – Ministry of Law and Human Rights (MLHR)

AIPJ2 and TAF are working with the Centre for Detention Studies (CDS) on this policy.

This policy will support systematic Correctional Services Reform that will help reduce drug and terrorism risks at designated correctional institutions.

Minister of Law and Human Rights (MLHR) Decree No. M.HH.07.OT.01.01 of 2017 which stipulated several prisons for high-risk inmates (issued 29 August 2017)

Correctional Services Reform – Ministry of Law and Human Rights (MLHR)

AIPJ2 and TAF are working with the Centre for Detention Studies (CDS) on this policy.

This policy will lead to systematic Correctional Services Reform that will help reduce drugs and terrorisms risks at correctional institutions.

Some potential significant policy changes (in the process of development)10

Title of policy Focus and primary implementing partner(s) AIPJ’s Role Why this will be significant

Revised Law on Anti-Terrorism

Preventing Violent Extremism – CSOs, GoI and House of Representatives (DPR).

Supporting CSO input through C-Save

Indonesia does not yet have a specialised anti-terrororism law so relies on the outdated criminal codes, which do not cover a range of terrorism offences. This law will help law enforcement.

Draft of Government Regulation on Reasonable Accommodation in the Court.

Mainstreamed Gender, Disability and Social Inclusion, – DPOs, GoI.

Supporting DPO input into drafting of regulations through SIGAB and SAPDA and Joni Yulianto

It will be the first time this is regulated in Indonesia and will improve accessibility of courts.

Draft of Standard Operating Procedure on Rehabilitation and Reintegration of Deportees into Presidential Decree.

Preventing Violent Extremism – GoI.

Supporting C-Save drafting SOP

There is no SOP so this will provide a consistent process for managing and supporting returnees to reduce risk of engaging in violence and encourage reintegration.

Draft of Government Regulation on Social Welfare

Mainstreamed Gender, Disability and Social Inclusion, DPOs, GoI.

Supporting DPO input into drafting of regulations through SIGAB and SAPDA and Joni Yulianto

It will be the first time this is regulated and will improve access to social protection.

10 A number of policy changes in aviation security, cyber crime and border security were reported but not specifically enough to be included in this report.

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Title of policy Focus and primary implementing partner(s) AIPJ’s Role Why this will be significant

Draft of Provincial Regulation (raperda) on disability rights for Yogyakarta city

Mainstreamed Gender, Disability and Social Inclusion, DPOs, GoI (provincial government).

Grant funding to SAPDA This ensures rights for people with disability in Yogyakarta, including access to public services.

Draft of National Strategy for P/CVE

Preventing Violent Extremism – GoI (BNPT)

Grant funding to Wahid11 There is currently no national strategy so work on P/CVE is not co-ordinated

Draft of Technical Guidance for KPK on Money Laundering in Capital Markets

Transparency, Accountability and Anti-Corruption – KPK.

Subcontracted to PSHK This replaces training by overseas experts with more sustainable curriculum to be delivered by Indonesian experts

11 Further technical assistance will be provided to Bappenas for Ministerial Co-ordination but that will not start until 2018.

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Annex 7 AIPJ2 contribution to RPJMN objectives

RPJMN Objective for Law and Human Rights Development 2015 – 2019

“To Fulfil Law Enforcement and Awareness”

National Priorities for Politics, Law, Defence and Security

Program Priority Activity priority AIPJ2 contributing activitiesi

Legal certainty Improved quality of law enforcement

Governance mechanisms established for legal and judicial reform – reforms and coalition through reform coordination, revised Judicial Reform team office, human rights action plan, legal aid system, restorative justice strategy for next medium-term development plan.

Disability Rights recognised through legislation, monitoring and advocacy; disability regulations and disability rights indicators.

More accountable and accessible justice institutions through evaluation of small claims, streamlined bankruptcy process, specialised commercial court, enforcement of court judgement and simplified templates for judicial decisions.

Corrections Reform through Prisons Database system establishment, management reforms for high-risk inmates, community corrections processes, corrections reform blueprint, corrections reform coalitions.

Effective corruption prevention and eradication

Campaigns and initiatives at subnational level implemented to prevent corruption through I am women against corruption (SPAK) movement.

Investigating corruption through development of technical guidance on money laundering at stock exchange.

Respect, Protection and Fulfilment of the Right to Justice



Stability of Politics and Security

Strengthening Democracy institutions, civil rights and political rights


Counter-Terrorism and the Handling of Social Conflict

Preventing violent extremism through policy, legislation and coordination.

Mainstreamed gender equality, disability and social inclusion through women and preventing violent extremism group coordination and advocacy.

Improved Access and Quality of Public Information


Strengthening Economic Diplomacy and International Development Cooperation

Stronger border, airport security, investigating cyber-crime, investigating illegal financial transactions.

Strengthening politics and security diplomacy


Establishment of secure condition and rapid response


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Program Priority Activity priority AIPJ2 contributing activities

Strengthening in drugs crime handling


Intelligence and counter intelligence


Bureaucracy Reform

Expanding integrated e-government implementation



Strengthening Public Services standards implementation and human resource management capacity



Strengthening government official’s capacity and management

More accountable and accessible justice institutions through evaluation of small claims, streamlined bankruptcy process, specialised commercial court, enforcement of court judgement and simplified templates for judicial decisions


Strengthening integrity and accountability of bureaucrati performance

More accountable and accessible justice institutions through evaluation of small claims, streamlined bankruptcy process, specialised commercial court, enforcement of court judgement and simplified templates for judicial decisions


Strengthening National Defence

Strengthening border areas defence


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Annex 8 Risk register

Category Risk Impact L C Rating MitigationCurrent Urgency Compared

to Last Month / Action Required

Overall Clear theories of change and political economy considerations not incorporated into activity designs

Facility lacks cohesion and reporting does not link results in terms of addressing priority problems

Unlikely Minor Low DFAT and AIPJ2 team to discuss ongoing approach to PEA. Team Leader has provided advice.

No change.

Pillar 1 SPAK loses momentum because of reduced funding of SPAK by AIPJ2 and lack of clear sustainability strategy

Previous investment in SPAK is wasted, agents become disillusioned and no transformative changes is made possible by the program

Unlikely Moderate No longer a risk

SPAK received a cash grant of A$330,000 from the Rule of Law and Anti-Corruption as part of the ACE Award for Innovation in Anti-Corruption. This will support the transition from AIPJ2 funding.

Reduced. SPAK now has sufficient funds.

External ambitions for SPAK push it in a direction away from its base

Loss of ownership of SPAK by agents, confusion in mission of SPAK, reduced participation and influence


This was resolved in discussions on the PEA and how they were incorporated into the work plan.

Reduced.

Funding for Pillar 1 is insufficient for demand of activities

Reform initiatives cannot progress

Almost Certain

Moderate Moderate AIPJ2 management has reviewed activities, budgets and implementation schedules. There is sufficient funding currently and implementation is proceeding on a conservative basis through open discussion with partners. Activity statements are identifying AIPJ2’s limits and GoI contributions.

No change. Further discussions are required as part of developing activity statements.

Formerly Pillar 5 (now mainstreamed into reform co-ordination and coalitions – Pillar 1)

Support provided to RANHAM will not build capacity in the Secretariat

Support creates RANHAM and fulfils reporting arrangements but leaves the same gap in future

Likely Moderate Moderate Expectations should be revisited as there are direct benefits coming from AIPJ2 support. Sustainability will take time. Support now integrated with other AIPJ2 reform and coalitions activities to create opportunities for leverage and integration.

No Change. National and international advisory support now in place. Discussion needed on expectations given important link of this work to reform.

Disability regulations Law not properly implemented Likely Moderate Moderate There has been no watering down of No Change. AIPJ2 team in

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Category Risk Impact L C Rating MitigationCurrent Urgency Compared

to Last Month / Action Required

to support Law delayed

so disability rights not progressed as expected

the advice provided by DPOs. Drafting is progressing but the risk remains.

close contact with drafting team.

Pillar 2 Bappenas not consulted and GoA partners not sufficiently integrated into AIPJ2 program management

Inconsistency in performance between Pillar 2 and other activities

Likely Minor Moderate Bappenas consultations leading to the annual plan have been successful but there is clearly demand for regular updates. GoA partners participated in a MEL workshop which eased reporting concerns.

No change. The six monthly report due at the end of January will help.

Pillar 3 Delays in CVE grants processing

Loss of momentum and engagement with partners; lack of progress on CVE


Grants were approved on 22 December. All partners have been advised of the results. Meetings with grantees have been scheduled with the hope that first tranches can be disbursed in February.

Reduced.

Pillar 4 Activities do not sufficiently tackle priority problems like overcrowding; team captured by DGC

Activities will not lead to significant change, they will substitute GoI resources

Unlikely High Low The DFAT and AIPJ2 teams continue to meet to refine and move forward the work plan.

No change

Knowledge Hub Insufficient ownership by DFAT, Bappenas and partners

Lack of participation in design and lack of adoption and utilisation

Unlikely High Moderate Fast progress on MIS development will help create enthusiasm but no opportunity yet to engage Bappenas. AIPJ2 roles more clearly defined.

No Change.

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i based on AIPJ2 Annual Work Plan and Activity Structure

acronyms · web viewthe australia indonesia partnership for justice 2 (aipj2) commenced in april...

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