annual report - saji to norway_2013

I

United Nations Development Programme (UNDP)

And

National Planning and Development Agency (BAPPENAS)

Strengthening Access to Justice in Indonesia (SAJI) Project

Annual Report

January– December 2013

Prepared For

The Royal Norwegian Embassy

April 2014

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ContentsAcronyms.................................................................................................................................................3

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

Situational Background.......................................................................................................................6

Results and Achievements................................................................................................................7

Output 1:..............................................................................................................................................8

Output 2:............................................................................................................................................13

Output 3:............................................................................................................................................17

Output 4:............................................................................................................................................21

Output 5:............................................................................................................................................26

Cross Cutting Issues...........................................................................................................................28

Gender Mainstreaming..................................................................................................................28

Partnerships......................................................................................................................................30

South-South Cooperation.............................................................................................................30

Risk Management...............................................................................................................................31

Lessons Learned..................................................................................................................................32

Conclusions and Ways Forward.....................................................................................................32

Annex 1: Agreed Changes toOutput Statements....................................................................33

Annex 2: Human Interest Stories..................................................................................................34

Annex 3: Financial Report................................................................................................................36

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Acronyms

A2J Secretariat : National Secretariat on Access to Justice

AIPJ : Australian Indonesian Partnership for Justice

AJP : Aceh Justice Project

APBA : Anggaran Pendapatan dan Belanja Aceh (Aceh Provincial/District Budget)

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

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

CPAP : Country Programme Action Plan

CSA : cost sharing agreement

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

KOMNAS Perempuan : Komisi Nasional Anti-Kekerasan TerhadapPerempuan (National CommissiononViolence Against Women)

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

LEAD : Legal Empowerment and Assistance for the Disadvantaged Project

MAA : Majelis Adat Aceh (Aceh Customary Council)

NPM : National Project Manager

NSA2J : National Strategy on Access to Justice

PIP : project initiation phase

PMU : project management unit

PRODOC : project document

RP : responsible party

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

SAJI : Strengthening Access to Justice in Indonesia

SK : Surat Keputusan (Decree)

UKP4 : Unit Kerja Presiden Bidang Pengawasan dan Pengendalian Pembangunan

(Presidential Working Unit for Monitoring and Oversight of Development)

UNDP : United Nations Development Programme

UNPDF : United Nations Partnership for Development Framework

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Executive Summary

The Norwegian financed ‘Strengthening Access to Justice in Indonesia’ (SAJI) project made many notable accomplishments during the reporting period. The establishment of a‘Coordinating Team for the Access to Justice Strategy’ under Output 1, through endorsement of Minister for National Development Planning Decree No98/M.PPN/HK/12/2013 means the institutional framework for NSA2J implementation is finally in place. This team will coordinate NSA2J implementation and monitoring over the next six years, with the NSA2J’s incorporation into the next mid-term development plan (Rencana Pembangunan Jangka Menengah Nasional – RPJMN) looking more and more likely.

Under Output 2, Presidential Regulation No.76/2013 on PCMs was enacted, and the piloting of its minimum service standards (MSS) was well and truly underway within the three target districts. In Semester 2, 172 complaints and 6 commendations were received by nine service units within the three pilot districts, with 107 of these complaints/commendations responded to by the years end.

Thanks to project support,Output 3 advancements included:the enactment of crucial bylaws for the legal aid bill;and the verification of NGOs as state legal aid providers early on in the year. This was followed by the official launching of the state legal aid system by President Yudhoyono in July 2013. In SAJI’s five target provinces, 228 poor justice seekers received legal assistance from 41 NGOs in Semester 2, with some 20,000 poor justice seekers targeted for support from 310 nation-wide NGO’s over 2013-2014 period. The ‘human faces’ behind such statistics is highlighted by a human interest story attached as an annex to this report (see, Annex 2).

The beneficiary satisfaction survey and assessment was finalized in Aceh, and was underway in Central Sulawesi as a part of Output 4 and 5. The results of the survey and assessment in Aceh demonstrate the importance of replicating Aceh’s success in strengthening the informal justice system to other provinces. The main findings of this survey/assessment is as follows:

Around 91 percent of justice seekers (offenders and disputants) are satisfied with the adat justice system

Satisfaction levels are highest in UNDP intervention areas Satisfaction levels are higher in comparison to five years ago before UNDP support

was extended under project’s including SAJI

Despite Aceh’s successes, the assessment highlighted key recommendations which Aceh needs to implement if its results are to be sustained.

The results of an independent mid-term evaluation echo these sentiments. According to the evaluator, whilst the results and contributions of the project have been significant and meaningful, and the project is on the right track towards making a lasting contribution to access to justice Indonesia, more needs to be done to ensure that its gains are consolidated, full benefits realised, and that recently started initiatives are brought to maturity. Among other things, the project will need to work through initial implementation challenges that project supported initiatives such as legal aid, PCMs, and customary justice strengthening

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programmes may face while steadily building community awareness about the availability of the services.

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Situational Background

Indonesia has made great progress towards democracy and poverty alleviation since its 1997-98 economic crisis and political transition. The post-Soeharto reformasi has involved a comprehensive and ongoing reform of the legal architecture governing Indonesia’s formal institutions of justice. Significant achievements to date include:

- The ‘one roof’ reforms of 2004, which bolstered judicial independence by transferring administrative and financial authority over the courts from the then Ministry of Justice to the Supreme Court;

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

- The establishment of new agencies including the Constitutional Court, the Judicial Commission, the Corruption Eradication Commission (Komisi Pemberantasan Korupsi - KPK), a special Corruption Crimes Court, the National Police Commission, the Ombudsman Commission, and the Judicial Mafia Task Force.

These agencies were added to the already crowded structure inherited from the New Order, which, in addition to the Supreme Court and lower courts, included the Supreme Audit Agency (an oversight body mandated by the constitution), the National Human Rights Commission (Komisi Nasional Hak Asasi Manusia - Komnas HAM), and the administrative courts.

A number of important advances have also been made in relation to the normative protection of human rights since the fall of the New Order, the single most significant being the enactment of a constitutional Bill of Rights in 2000. Coupled with the establishment of the Constitutional Court, with jurisdiction to conduct judicial review of laws alleged to infringe these constitutionally protected rights, the bill of rights (in theory at least) provides Indonesians with stronger legal protection of their human rights than those enjoyed by citizens in a number of more advanced democracies. Law No.39/1999 on ‘Human Rights’ guarantees a number of rights in addition to those entrenched in the Constitution, although principles of statutory interpretation render these non-constitutional rights vulnerable to either deliberate or inadvertent derogation by future inconsistent legislation. Indonesia’s recent accession to the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) means that the country has now also ratified most of the major international human rights instruments.

Together, the current mix of constitutional, statute, and international law provide more detailed protection for a greater range of human rights than existed at any other time in Indonesian history.

Nevertheless, the nation still confronts significant development challenges particularly with respect to the protection and welfare of its poor and vulnerable populations. Areas of challenge are detailed in the project document (UNDP 2012: 4-8) and include corruption, access to formal courts, and clarity and accountability in the informal justice system. Gender discrimination in access to justice, effective public complaints and grievance handling mechanisms, and access to justice in land and natural resources, are also areas of concern.

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In order to tackle justice related challenges in Indonesia, SAJI is grounded on a social justice paradigm and uses the conceptual framework of ‘access to justice’ in the formulation of its project strategies and activities. The access to justice framework goes beyond the traditional ‘judicial sector’ and focuses on providing pro-people’s justice based on the following fundamental principles:

1) Legal development should be integrated with development in other social sectors and should be tied directly to the alleviation of poverty;

2) It should be planned from the bottom up with the active participation of experts and civil society representatives who understand the law from the people’s perspective; and

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

In order to ensure real results and impact on the country and project beneficiaries, SAJI has been designed and will be implemented in line with the following strategies1:

- Programming based on the National Strategy on Access to Justice (NSA2J);- Building on lessons learned from other projects;- Maximizing strategic partnerships;- Targeting the poor, the disadvantaged and women;- Human rights;- Greater involvement from communities and beneficiaries;- Nurturing the capacity and independence of civil society; and- Ensuring sustainability of results (UNDP 2012: 13-6).

Box 1: SAJI Outcomes 2

1Please note that “Access to justice in land and natural resources for indigenous people and other forest dependentpeople”is no longer one of SAJI’s project strategies. This is because this issue is now being addressed by another UNDP project, ‘Participatory Governance Assessment on REDD+ Implementation in Indonesia’ (PGA). SAJI focuses much broadly on extending indigenous peoples rights through informal/customary justice mechanisms (adat)2 This project contributes to longer term outcomes linked to the United Nations Partnership for Development Framework/UNPDF (Outcome 1), UNDP’s Country Programme/CP Results and Resources Framework (Outcome 2), and its Country Programme Action Plan/CPAP (Outcome 3). Not all of these outcomes are reflected in the prodoc. The project also contributes to a fourth outcome, as outlined on p.17 of the project document.

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SAJI Longer Term Results

- Outcome 1: “People participate more fully in democratic processes resulting in pro-poor, gender responsive, peaceful, more equitable and accountable resource allocation and better protection of vulnerable groups”

- Outcome 2: “Increased public representation and participation in political, justice, and human rights institutions, particularly among women and vulnerable groups”

- Outcome 3: “Justice providers and institution are more effective in protecting human rights, and citizens enjoy improved access to justice”

- Outcome 4: “Improved access to justice for Indonesian’s, particularly women and vulnerable groups, as envisioned in the National Strategy on Access to Justice”

Results and AchievementsThe previous annual report noted slight inconsistencies in output statements between the cost sharing agreement (CSA) with the donor and the project document (prodoc) with the government partner. The report referenced the CSA output statements, since its audience was to the donor. This inconsistency occurred because the CSA referenced a draft prodoc, with the prodoc only finalized following the CSA. UNDP, BAPPENAS, Norway, and other Project Board Members agreed in March 2013 during a Project Board Meeting (PBM), that subsequent monitoring and reporting, including to the donor, would reference the prodoc output statements(see,Annex 1). During that meeting, Board Members also agreed to more clearly align targets to existing baselines and indicators. This report accords to changes approved in the PBM.

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Output 1:“Institutional mechanisms, legal and regulatory framework, and capacities of government institutions strengthened to implement the recommendations and Action Plans of the National Strategy on Access to Justice”

Box 2: Key Results under Output 1

Some Highlights of Progress:

1) Revised NSA2J Utilized as Basis for Drafting Thematic Background Study

The previous report notedSAJI had begun providing support to BAPPENAS in the drafting of a thematic background study. This background study covers nine sectoral areas:

- Sociocultural and religious sector - Economy - Science and technology - Infrastructure/facilities- Politics- Defence and security - Law and human rights - Regional spatial planning and strategies- Natural resources

During the reporting period, SAJI team facilitated several meetings and provided consultancy services to the BAPPENAS background study team to translate recommendations from the revised NSA2J into the ‘law and human rights’ section of the background study. The table below documents examples of progress.

Box 3: Examples of Areas of Alignment between the Revised NSAJ and the Law and Human Rights Section of the Background Study

NSA2J RECOMMENDATION

BACKGROUND STUDY RECOMMENDATION

SIGNIFICANCE OF RECOMMENDATION

Subsection:Legal and Judicial Reform

Subsection: Judicial and Public Service Reform

-

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- NSA2J format revised so it is more easily translated into annual government work plans and targets now included in the document. Refined actions await approval from participating ministries/agencies before it is finalized

- A ‘Coordinating Team for the Implementation of the National Access to Justice Strategy’ has been formally established through Ministerial Degree. This team consists of 6 individuals (3 echelon I staff as steering committee members, and 3 echelon II staff as technical team members) and involves 3ministries (BAPPENAS, Ministry of Home Affairs [MoHA], and Ministry of Law and Human Rights [MoLH]). This team is tasked with coordinating and monitoring

Establish and/or increase the effectiveness of case filing of daily disputes

Establish small claims court and procedures

Small claims courts offer a relatively fast, practical and cheap mechanism for case settlement, with no room for appeal. The establishment of small claims courts and procedures will lessen the burden on the courts system

Strengthen capacity of the Ombudsman, improve the public’s access to complaints mechanisms, and increase the number of cases resolved through complaints handling

Improve complaints mechanisms within the public services

Complaints handling mechanisms lessen the burden on the formal court system, by providing the public with a mechanism for resolving grievances directly with the public service provider

Improve complaints mechanisms within law enforcement agencies as a part of their external oversight mechanism

Effective complaints handling will also lead to quality improvements in service delivery, by compelling agencies to respond to complaints

Develop and enforce mechanism to deal with juvenile crime

Strengthen juvenile criminal justice system

According to UNICEF, 80 percent of children reported to police are tried. 91 percent then go on to spend between three months to three years in jail, with 85 percent ending up in adult detention facilities. A strong juvenile criminal justice system is one that serves the best interests of the child. Actions to strengthen the juvenile justice system emphasize restorative justice, in which the needs of the victim and offender are considered in any justice outcome, over imprisonment

Subsection:Legal Aid Subsection:Legal Aid -

Operationalize Legal Aid Act

Encourage subnational governments to allocate funds for legal aid services

If subnational governments provide funding for the Legal Aid Actin addition to the central government, the reach of services for poor justice seekers will be extended

Capacitate legal aid actors/providers (e.g. advocates, paralegals, lecturers, law students, NGOs), increase their numbers, and enhance their coordination with law enforcement agencies

Improve legal aid fund channelling mechanism at both the national and subnational levels

These actions are intended to ensure free legal aid accords to quality standards

Develop cooperation mechanisms between legal aid actors and law enforcement agencies

Improve capacity of legal aid actors/organizations

Promote paralegal services for out of court settlements

Subsection:Women Subsection: Women -

Ensure minimum service standards

Strengthen mechanisms to protect women affected by

MSS including psychosocial support (which addresses the underlying psychological and

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(MSS) accord to the needs of women and children affected by violence

violence social dimensions of violence) is essential for ensuring the causes of violence are addressed in any justice decision. A failure to do so, may deter those affected from coming forward, and further entrench patterns of violence

Strengthen integrated justice information system in cases of violence against women

Strengthen case handling mechanisms for women affected by violence

Strong case handling mechanisms and information systems allow offenders to be better monitored by participating agencies, and for justice decisions to be made for reoffenders based on all the available data. Data can also be used by the state to make policy decisions based on an assessment of the performance of the justice system in responding to violence against women.

Subsection:Children Subsection:Children -

Develop derivative regulations for new juvenile justice system bill

Develop derivative regulations for new juvenile justice system bill

Under the new bill, restorative justice guides justice processes, the minimum age threshold for trialling children is lifted from 8 to 12 years, and mechanisms for pursuing out-of-court solutions are improved. In order for this bill to become operational, derivate regulations and the needed infrastructure, must be in place. Law enforcement officers must also be further capacitated to implement the bill.

Strengthen juvenile justice system

Provide facilities and infrastructure needed for implementation of new juvenile justice system

Strengthen capacity of law enforcement officers on the juvenile justice system

Strengthen capacity of law enforcement officers on the juvenile justice system

This study informs the next national mid-term development plan (Rencana Pembangunan Jangka Menengah Nasional - RPJMN), a strategic document which guides the annual plans and budgets of all the government ministries/agencies over the next five years. The background study is the first and critical step in the drafting of the RPJMN. UNDP will continue to use its close relationship with BAPPENAS to leverage further support for NSA2J implementation over the 2015-2019 period.

2) Coordinating Team for NSA2J implementation Established and Operational through BAPPENAS Minister Decree

The previous report documented delays in the establishment of the Government Steering Committee and Technical Government Team. With support from the BAPPENAS Access to Justice (A2J) Secretariat, these teams are responsible for leveraging support from the ministries/agenciesin translating NSA2J recommendations into work plans and budgets; in coordinating efforts among the ministries; and in monitoring the implementation of the

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recommendations. These teams can also be called upon to trouble shoot when bottlenecks to implementation emerge.

Although the original concept has changed slightly (instead of two teams, there is now one), during the reporting period, theteam was officially constituted through BAPPENAS Decree No98/M.PPN/HK/12/2013 on the ‘Establishment of the Coordinating Team for the National Access to Justice Strategy’. Led by the Minister of BAPPENAS, the consolidated team consists of three EchelonI officials (from BAPPENAS; Ministry of Law and Human Rights; and the Cabinet Secretariat) as steering committee members, and three EchelonII officials (from BAPPENAS; Ministry of Law and Human Rights; and Ministry of Home Affairs) as technical team members.

In December 2013, the Coordinating Team convened its first meeting. During this meeting, it consulted with related ministries/agencies on proposed revisions to the NSA2J.

Going into 2014, the Coordinating Team is confident it will secure the endorsement of the revised NSA2J through a presidential regulation.

Challenges & ResponsesAs documented in the previous report, the project has faced difficulties in measuring progress in NSA2J implementation. Part of the reason this has occurred, is because it is not easily apparent how these ministries/agencies have translated the NSA2J into their annual work plans, due to incompatibilities in the NSA2J and government work plan formats. Another reason this has occurred, is because of the absence of targets within the strategy.

In order to address this challenge, the project, in close cooperation with the A2J Secretariat and Coordinating Team, has begun updating the NSA2J. The RPJMN format has been adopted in the updating of the NSA2J, while targets have also been included in the new document.

The project had hoped the revised NSA2J would be approved late last year. However, BAPPENAS has not wanted to proceed with the approval of this document, until it has secured full buy-in from participating ministries/agencies, especially for actions identified within the document. An updating of actions has been necessary, since many actions have already been undertaken by the ministries/agencies.

Currently the newly established Coordinating Team is working closely with all related ministries/agencies to secure their go-ahead for proposed actions. Once the NSA2J is finalized the Team will advocate for the enactment of a Presidential Regulation. Monitoring of NSA2J progress will then be assigned to the Presidential Working Unit for Monitoring and Oversight of Development (Unit Kerja Presiden Bidang Pengawasan dan Pengendalian Pembangunan - Badan Pembinaan Hukum Nasional UKP43). Headed by the former Head of Aceh’s Reconstruction and Rehabilitation Agency (Badan Rekonstruksi dan Rehabilitasi - BRR), Dr. Kuntoro Mankusubroto, this unit is seen as largely effective in assisting the President deliver his executive orders. SAJI will also support NSA2J implementation through the development of monitoring tools and by facilitating an annual review to assess progress.

3 UKP4 was established as an adhoc institution under the current President. It is possible that the institution will cease to exist after the current President’s term ends. However, given UKP4’s effectiveness, it is expected that the institution will continue to exist, or another institution will replace it with similar functions

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Box 4: Output 1 Target ProgressIndicator Annual

TargetProgress Status4

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

Steering Committee and Technical Government Team up and running, and monitoring tools developed for NSA2J implementation

- A Coordinating Team for the Implementation of the Access to Justice Strategy was established through Minister of BAPPENAS Decree No 98/M.PPN/HK/12/2013. The Team consists of 3 Echelon I steering committee members (1 x BAPPENAS; 1 x Ministry of Law and Human Rights; and 1x the Cabinet Secretariat) and 3 Echelon II officials (1x BAPPENAS; 1x Ministry of Law and Human Rights; and 1x Ministry of Home Affairs) as technical team members. During the reporting period, the Coordinating Team held one consultation meeting with relevant ministries on NSA2J revisions

- The monitoring tools are still being finalized

Partially achieved

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

NSA2J action plan updated and approved by BAPPENAS

- The NSA2J adopts the same template as the RPJMN. Strategies have been updated and targets included in the document but actions still need to be approved by related ministries/agencies before BAPPENAS endorses the final document

- The project hopes to secure its endorsement by mid-2014

Partially achieved

3) Progress in the mainstreaming of the Key Action Plans of NSA2J into the work plans and budgets of target government offices at the subnational level

2 target provinces incorporate all SAJI NSA2J focus areas (i.e. legal aid, PCM, and informal justice) into government work plans and budgets for 2014

- 0 target provinces incorporate all SAJI NSA2J focus areas into government work plans and budgets for 2014 despite intense advocacy efforts from SAJI

- However, in Aceh, the province and select districts provided funding for adat justice (detailed information is provided later in the report), and Bener Meriah allocated IDR 100,000,000 for its PCM in 2014

- More time is needed before the target provinces are convinced that relatively new initiatives like legal aid and PCMs yield results before funding is allocated

Not achieved

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

At least 500,000 Indonesians reached with information or media coverage on A2J at the

- +/- 2,050,000 million Indonesian’s provided with information or media coverage on A2J +/- 2 million Indonesian’s provided with

information about legal aid services via: radio advertisements (in 5 provinces); 2 national radio talkshows; 30 radio talk shows (6 radio talk shows in each of the targeted 5 provinces); 25 banners;1000

Achieved

4 An annual target is considered ‘partially achieved’ when 66-99 percent of the target has been accomplished

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national level posters; and 1000 stickers +/- 50 thousand Indonesian’s provided

with information about public complaints mechanisms via: 10 banners distributed in 10 sub-districts of Bener Meriah; 500 calendars distributed to restaurants, community health centres and community health posts in Bener Meriah; as well as off air events, and television and radio talkshows in Palangka Raya and Palu

Overall achievement : Partially achieved

Contribution to Longer- Term Results

NSA2J seeks to better represent the needs and interests of poor and vulnerable groups, increase their participation in justice mechanisms through better access to justice, and the effectiveness of justice providers and institutions in upholding their rights. Participation, representation, better access, and effectiveness are central themes woven into the four outcome statements. The Outcome 1 statement best suggests why – the result is“more equitable and accountable resource allocation and better protection of vulnerable groups”. The poor and vulnerable can utilize financial and non-financial resource to overcome poverty, and are brought within the law’s protection.

In order to ensure successful NSA2J implementation, the project works to: i) leverage political support and coordinate efforts through the A2J Secretariat and the Coordination Team for the National Strategy on Access to Justice; ii) overhaul the legal, policy and regulatory instruments referred to in the NSA2J, and iii) extend technical advice to key ministries/institutions in NSA2J implementation.

Following UNDP’s withdrawal, the A2J Secretariat will continue to carry out tasks i)-iii) above. The proposed integration of the NSA2J into the new RPJMN, will give the A2J Secretariat a larger window of time to ensure successful NSA2J implementation, and the achievement of the four outcomes.

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Output 2:“Improved public complaint/grievance handling mechanisms (PCMs) in government institutions at both national and subnational levels”


Some Highlights ofProgress:

1) PCMs Piloted in Targeted Districts

The minimum service standards (MSS) for PCMs, outlined in Presidential Regulation No.76/2013, were put to the test in three different districts during the reporting period (see, table below). As agreed, Mayors in the three pilot districts/cities provided the necessary human resources and hardware to get the PCMs up and running. TheOmbudsman and SAJI, in turn, provided technical assistance and capacity development support in implementing the MSS, and disseminated information about PCM services to indirect and direct beneficiaries in order to stimulate demand for increased quality service provision.

Box 6: Number and Location of PCMs per Target District

Targeted District # of PCMs

Location of Piloted PCM

Bener Meriah, Aceh 1 Mayor’s Office**

Palu, Central Sulawesi 3 Community Health Centres (PUSKESMAS)

1 District Hospital

1 Integrated Licensing Provider

Palangka Raya, Central Kalimantan

3 Community Health Centres (PUSKESMAS)

TOTAL 9

** NOTE: Mayor’s Office responsible for responding to complaints lodged against any district government agency/body

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Key results:

Presidential Regulation No 76/2013 on ‘Public Complaints Mechanisms’ now enacted, with SAJI support. The regulation prescribes minimum operational standards for PCMs operating nation-wide. During the reporting period, the Ombudsman and the Ministry of State Administrative and Bureaucracy Reform used the regulation to advocate for the establishment of PCMs in service providers within 41 local governments. PCMs are expected to result in more efficient, accountable and quality service provision, with adjustments made to service provision based on user feedback

9 PCM units piloted in 3 pilot districts (1 in Bener Meriah, 3 in Palangka Raya, and 5 in Palu), with 172 complaints and 6 commendations received (53 males, 54 females and 71 unidentified by sex ), and 107 complaints/commendations responded to, during the June-December 2013 period

In 2013, 178 PCM clients (30 percent of whom were women) lodged 172 complaints and 6 commendationsagainst service providers. Most PCM clients (53 percent) complained service provider mechanisms and procedures were unclear and too complex. A large proportion of PCM clients (34 percent) also complained about the length of time and poor attitudes of staff members in providing services. A smaller proportion of PCM clients complained about the quality of the facilities (7 percent), and praised providers for services rendered (6 percent).

Box 7: % Complaints and Commendations Received by Pilot PCMs (Total = 178)

0102030405060 53

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By the year’s end, overall 60 percent of these complaints had been responded to. Palangka Raya led the way, with a success rate of 100 percent, followed by Palu at 61 percent and Bener Meriah at 37.5 percent. Anecdotal evidence suggests that how service providers do business is beginning to change as a result of PCM feedback. For instance, Palu’s Health Agency has ordered a Community Health Centre (PUSKESMAS) to apply a single tariff system with payments now lodged through a single cashier. The costs of various services are also standardised, and publicly displayed. Previously,users complained that different tariffs for general, dental, and birth delivery services were applied to different users. Payment for these services was also lodged with different cashiers in different section of the centre.

Box 8: Number of Complaints & Commendations Received Versus Number of Complaints & Commendations Responded to

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Bener Meriah Palangka Raya

Palu Total0

20406080

100120140160180200

3216

130

178

12 16

79

107Total

Successfully Responded

Challenges & Responses

In late December, an assessment was underway to ascertain how accessible the PCMs were to poor and marginalized users. The speed in which the PCMs respond to complaints is one means of measuring its performance. However, the quality of its response, and other criteria including accessibility, are other precursors of success. More detailed information on this will be available by mid-2014, when the assessment is finalized. However, SAJI has already identified some possible obstacles to success, based on its observation of the ongoing pilot:

- High level government buy-in is essential to PCM success- Complaints channels like sms can be utilized to extend access to poor and marginalized

usersespecially in landlocked, mountainous and/or geographically remote areas where mobile service coverage is strong

- Limitations in knowledge aboutPCMS by the public, affects the number of responses lodged

The assessment will provide recommendations to address challenges like this for implementation by the pilot districts, and if funds allow, additional pilot districts, in late 2014.

Box 9: Output 2 Target Progress

Indicator Annual Target Progress Status1) Progre

ss made in the establishment of special measures

Assessment undertaken on special measures needed to ensure access for the poor and marginalized in target institutions in three

- This assessment is still ongoing. It was initiated in December 2013, and is scheduled for completion by May 2014

Not achieved

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to ensure access for the poor and the marginalized in target institutions

provinces

2) # of integrated public complaint/grievance handling mechanisms

3 PCMs in place in 3 target provinces

9 PCMs in place in 3 provinces (1 PCM in Bener Meriah, Aceh; 5 PCMs in Palu, Central Sulawesi; and 3 PCMs in Palangkaraya, Central Kalimantan)

Fully achieved

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

150 lodged complaints responded through a referral system amongst different subnational agencies/institutions

- 107 out of 178 (60%) lodged complaints responded to through a referral system amongst different subnational agencies/institutions

- A breakdown of the total # of lodged complaints responded to per district is as follows: Bener Meriah: 32 ( 25 % women;

62.5 %men; and 12.5% unidentified by sex)

Palu: 130 (29% women; 21% menand 50% unidentified by sex)

Palangkaraya: 16 ( 50 % women; 37.5 % men and 12.5% unidentified by sex)

Not achieved

4) # of citizens obtaining satisfactory outcomes from the PCMs

100 citizens obtain satisfactory outcomes from subnational PCMs

- Data on this target is not yet available- A beneficiary satisfaction survey is

currently being undertaken as part of the aforementioned assessment(i.e. on special measures needed to ensure better access for poor and marginalized groups)

- Survey results are due in mid-2014

Not achieved

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

3 PCMs in 3 target provinces produce progress report

- 9 PCMs in 3 target provinces produce progress report, and submit this to the Ombudsman

Fully achieved

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Overall achievement: Partially achieved

Contribution to Longer-Term ResultsThe PCM under Output 2 aims to better represent the needs and interests of poor and disadvantaged groups, and increase the effectiveness of service providers. Effective public complaints handling will provide citizens with a mechanism to claim and defend their rights. At the same time, public feedback through the PCMs, will drive evidenced based policy making, planning and budgeting, since governments can map weaknesses in service delivery, and make necessary improvements.SAJI will continue its partnership with the Ombudsman, both at the national and provincial levels to ensure and improve PCMs by improve the minimum service standards outlined in Presidential Regulation No 76/2013 within provincial and district/city governments. Better targeting the poor, women and disadvantaged groups.

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Output 3:“People’s access to state funded legal aid services are improved, particularly for the poor and marginalized”



1. 228 Poor Justice Seekers Provided with Legal Aid in SAJI’s 5 Target Province

Five months after legal aid was officially launched by the President, 228 poor justice seekers from SAJI’s five target provinces have been provided with free legal aid. This data was collected by SAJI during interviews with its NGO partners, with official data from the National Law Development Agency (Badan Pembinaan Hukum Nasional -BPHN) still being collated.

The case of Bunga (see, success story in Annex 2) sheds some light on just how life changing this assistance has been for those 228 poor justice seekers.

Prior to 2013, 100 percent of legal aid cases were settled in court. This is because legal aid was facilitated by the Supreme Court, and only available to cases heard through the court system. Not only did this limit access to legal aid for poor justice seekers, but it also likely created an additional burden on the court system, since it precluded cases from being settled outside of court early on in case handling. In comparison, last year around 60 percent of legal aid cases within SAJI’s five target provinces were settled out of court, through legal advice, consultation, and mediation services by SAJI supported legal aid providers.

2. Longer-term Capacity Building Effortsfor Legal Aid Providers Underway

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Key results:

3 /3 (100%) of the derivative regulations required to implement Law No. 16/2011 on Legal Aid have now been enacted. As outlined in the previous report, these regulations were developed with project support

On 26 July 2013, legal aid services were officially launched by the President at the State Palace

310 NGO’s verified and accredited as state legal aid providers nation-wide, with SAJI providing support with the verification and accreditation process of 41 of those NGO’s (from in five target provinces)

In 2013, IDR 40.8 billion (US$ 4 million) was allocated by the government for legal aid provision. Delays in enacting bylaws and selecting qualified NGO partners, meant that IDR 5.7 billion (US$ 500 thousand) or 14% of this budget was used. Nonetheless, in SAJI’s five target provinces, 228 poor justice seekers were provided with legal aid from 41 qualified NGOs/providers during the July-December period

Going into 2014, IDR 50.8 billion (US$ 5 million) has been further allocated by the state for legal aid. An estimated 10 thousand poor justice seekers are targeted for assistance during 2013-2014

41 NGOsin SAJI’s 5 target provinces provided with 3 guidelines: one, which details required

UNDP recognises that capacity support to legal aid providers is part and parcel of any successful state driven legal aid system. Ukraine presents us with an example as to why. In 2011, the adoption of a law on free legal aid led to a surge in demand for legal services, particularly related to land and properly rights. Since 1991, the former Communist country has worked tirelessly to reverse the state’s monopoly on land ownership. Owning land and property is now seen as synonymous with poverty reduction. It allows Ukrainians to fill a fundamental need for permanent housing, allows them to farm land, and escape hunger. This land reform drive however, has met with mixed success.

UNDP Ukraine provided capacity support to legal aid providers in order to extend land and property rights. During 2011-2012, it trained 742 state legal aid offices, 55 NGOs and four legal clinics in this legal area. In the course of one year, state legal aid offices alone, provided legal advice on land and property ownership to almost 2 percent of its poor population (180,000 out of more than 11 million people).

In Indonesia, the greatest and most immediate challenge for legal aid providers isnot going to be land and property rights (although that too is an issue of concern); it is going to be how to successfully circumnavigate the relatively complex requirements to access and utilize available state funding. This is going to prove to be the ‘Achilles heel’ in state attempts to extend legal aid to its poor and vulnerable in the short-term at least.

In order to address this problem, SAJI developed a guideline for NGOs based in its five target provinces (i.e. Aceh, Central Sulawesi, Central Kalimantan, North Maluku and Maluku) which detailed the financial and reporting requirements legal aid providers needed to fulfilin order to claim such reimbursements. It also developed another guideline on monitoring and evaluation requirements, and one which details the role of the paralegal in legal aid provision. SAJI also provided capacity development support including coaching, to the 41 certified legal aid providers/NGOs, over the September to November 2013 period.

Such support just represents the tip of the iceberg. The government, and its Development Partners, must invest in much larger efforts to capacitate NGOs.This must be the focus of support to legal aid providers over the next 5-10 years. The following statistic is telling: As of January 2014, less than 15 percent of the 310 government certified legal aid providerswere able to claim reimbursements from BPHN for legal aid activities rendered. SAJI’s support to these NGO’s is limited to its five provinces. Here, and in other provinces, more work is needed to ensure efforts over the last couple of years, to build this new legal aid system, is not undone. Otherwise, poor justice seekers are going to continue to slip through the cracks, as legal aid providers turn up their noses at state funding, or are driven bankrupt. Capacity development for legal aid providers remains key.

3. Public Awareness about Legal Aid Increased

Legal aid was previously channelled via the Supreme Court. But limited community awareness meant that these services went underutilized. In 2011, 96.5 percent of the Supreme Court’s IDR 34.5 billion legal aid budget remained unspent. Although more legal aid was provided in 2012, 49 percent of the Supreme Court’s IDR 37 billion legal aid budget also remained untouched by the year’s end.

Now that SAJI has provided support in developing a strong regulatory framework for legal aid, capacity development support for legal aid providers, and a strong

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communications strategy which stimulates demand for these services, is the next stage of its response. An estimated two million people have been Indonesian’s provided with information about legal aid services via:

Radio advertisements in its five target provinces; Two national radio talkshows 6 radio talkshows in each of its five target provinces (i.e. 30 in total) 25 banners 1000 posters 1000 stickers

As a result of this communications strategy, the following results have been reported:

Around 100 out of the 228 legal aid recipients from SAJI’s five targeted provinces sought legal assistance as a direct and indirect result of the PSAs and/or radio talk shows. Around 60 percent of this figure, reported theyheard about the services directly from PSAs and radio programmes, while the other 40 percent said they had been told about the services by a friend or family member who had heard the PSAs and/or radio programmes

Eight legal aid organizations claimed there was a significant increase in the number of people seeking legal aid directly after they participated as a resource person in a radio talk show

The case of Bungais just one successful example of how poor and vulnerable people are being linked to these services through radio programmes

Challenges & ResponsesAs discussed above, the challenge now facing the Indonesian Government, and this project, is to meet supply and demand side challenges. On the supply side, the quality of legal aid needs to be assured through capacity development support to legal aid providers. The Provincial Offices of the Ministry of Law and Human Rights play a quality assurance role in legal aid provision, but staff numbers are limited and most assigned staff have too little expertise to effectively undertake their responsibilities.

In order to address this problem, the project is undertaking an assessment of progress made and obstacles encountered inservice deliverywithin its five target provinces. The assessment will involve interviews with the BPHN team, NGO partners, relevant subnational authorities and legal aid users. The findings will be disclosed during a national meeting, after which BPHN and its relevant partners will develop recommendations to meet challenges faced.

On the demand side, efforts to connect available legal aid services (supply) to those in need (demand) are essential to the pursuit of justice. Unfortunately, the current state legal aid budget, does not allocate funds for community awareness raising activities. In response to this challenge, the project will continue to assist BPHN to implement community awareness raising activities at the national level as well as within its five target provinces. The project will also collaborate with other Development Partners like the Australian Government and Tifa Foundation to extend community awareness to the other 29 provinces.

Box11: Output 3 Target Progress

Indicator Annual Target Progress Status

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20131) Progress

made in development of regulation, accreditation and monitoring mechanisms that guarantee access to justice for the poor and marginalized through state-funded legal aid

3 government regulations enacted,20 legal aid organizations accredited in 5 SAJI target provinces, and BPHN online legal aid recording and reporting system up and running

- 3 government regulations enacted, 41 legal aid organization accredited in 5 SAJI target provinces, and the BPHN on-line legal aid recording and reporting system (which provides sex disaggregated data) up and running

Fully achieved

2) # of mechanism established in selected provinces that translates the regulatory frameworks into effective delivery of state legal aid services to the poor and the marginalized

Assessment undertaken on needed special measures to ensure effective legal aid to the poor and marginalized in 3 provinces

- Assessment underway on needed special measures to ensure effective legal aid to the poor and marginalized in 5 provinces

- Assessment due for completion in Q12014.

Partially achieved

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

40 beneficiariesaccess state-funded legal aid services with project support

- 228 beneficiaries access state-funded legal aid services with project support during Q3-Q4

Fully achieved

Overall achievement: Partially achieved

Contribution to Longer-Term Results

In Indonesia, there is one advocate to every 953 poor people, with approximately 30,000 advocates (Ratnaningsih/YLBHI n.d.) serving around 28.6 million potential clients/poor people (BPS 2012). Under the new Legal Aid Act and its implementing regulations, the criteria for what constitutes a legal aid provider has been widened to include other legal providers like paralegals. Nonetheless these figures hint at a serious supply (i.e. access) issue. This supply issue is driven by limited capital and capacity on the part of legal aid providers to supply legal aid that is both free and effective.

Law No. 16/2011 on ‘Legal Aid’ promises to address the first issue (i.e. limited capital). In 2012,the project was instrumental in assisting BPHN to operationalize this law through the development of derivative regulations, selection of NGOs partners, and advocacy to secure state budget for the legal aid. In July 2013 these legal services were

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officially rolled out. Since then, SAJI’s support to BPHN has focused on linking poor justice seekers to these services through community awareness activitiesand in strengthening the capacity of NGO’s to provide quality services within its five target provinces. A long slog lies ahead, but SAJI has helped point BPHN in the right direction.

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Output 4:“ Access to justice in informal justice channels increased, particularly for women and vulnerable groups”



1. More Gender Sensitive Customary (Adat) Justice Mechanism for Women in Aceh

The results of the beneficiary satisfaction survey and assessment show 96.5 percent of justice users (offenders and disputants)believe adat justice processes and outcomes uphold equal rights for women. This was the highest scoringperformance indicator, out of a total of 10 indicators.

The survey demonstrates thatadat justice processes and outcomes are more considerate of women’s rights compared to half a decade ago. The most significant improvement occurred in UNDP’s intervention area.

UNDP has worked with BAPPENAS to strengthen the adat justice system in Aceh since 2007, under various projects including AJP, LEAD and now SAJI. In total, 450 justice users (300 disputants and 150 offenders) participated in the survey, which compared results from UNDP intervention areas (seven districts/cities including: Aceh Besar; Aceh Tengah; Bireun; Langsa; Lhokseumawe; Pidie Jaya; and Sabang) against a control area (two districts: Aceh Utara; and Bener Meriah).

Most justice usersin the intervention area said respect for women’s rights was better than five years ago. In comparison, only a very small number of people in the sample area said women’s rights had improved over the same span of time.

Of the450 informal justice users who participated in the survey, 32 percent were female, and 68 percent were male. The survey noted no significant differences in how men and women responded to any questions within the survey, including those related to equal rights.

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Key results:

As a result of support from UNDP projects including the Support to Justice for Peace and Development in Aceh’ (a.k.a. Aceh Justice Project (a.k.a. ‘Aceh Justice Project’ (AJP), Legal Empowerment and Assistance for the Disadvantaged (LEAD), and SAJI, the informal or customary (adat) justice system in Aceh is more accountable and fairer, including to women. The findings of a beneficiary satisfaction survey/assessment found that 91 percent of justice seekers (offenders and disputants) are satisfied with the adat justice system, that satisfaction levels are highest in UNDP intervention areas, and that satisfaction levels are higher than compared to five years ago (before UNDP support was extended)

Progress made in replicating best practices from Aceh in Central Sulawesi and Central Kalimantan during the reporting period included:

o In Central Sulawesi, a guideline on adat justice was developed and endorsed through Governor Regulation No.42/2013

o In Central Kalimantan, a guideline was drafted by members of the Dayak Customary Council, the Provincial Office of the Ministry of Law and Human Rights, and the

The survey also highlightedwomen’s role as adatjustice providers is on the increase, particularly in cases related togender-based violence and discrimination, and marital rights. However, the study revealed that women’s involvement remains mostly informal and is exercised behindclosed doors. The study only identified one officially appointed female adat justice judge in Aceh; in the district of Sabang. Whilst this latter finding is disappointing, it highlights a valuable lesson learned. The female judge was appointed to this position in recognition of her longstanding role and stellar leadership in community dispute resolution. This suggests leadership and confidence building training and other support can catapult women into such positions.

This assessment recommends various actions, including actions designed to extend women’s involvement as justice users and providers in the adat justice system. Based on the recommendations, SAJI will develop a new Letter of Agreement (LoA) with the Aceh Customary Council (Majelis Adat Aceh – MAA), which outlines its areas for support, and MAA’s reciprocal obligations, beyond 2013. More information about this can be found below.


The previous report noted Aceh District Budget(Anggaran Pendapatan Belanja Aceh – APBA)allocations for adat justice had increased significant in 2012 relative to 2010. Unfortunately, since then, it has remained fairly constant in terms of the total number of districts allocating funds. In terms of which districts/province are providing funding, and by how much, has fluctuated widely (see, box below). The beneficiary satisfaction survey/assessment demonstrated that UNDP support had resulted in improvements in the intervention area, with 91 percent of justice users satisfied with the adat justice system and processes overall. The adat justice system has proven itself to be a good model for informal justice, extending justice outcomes beyond the formal justice system to include even more amounts of people. What customary justice now needs is steady government funding (from both the province and its districts) if results are to be sustained. Such funding can be used to extend the knowledge of justice providers through training, and enable them to effectively monitor service provision.

Box 13: APBA Allocations for Adat Justice Service Provision in Aceh (Provincial &District Level)

No. Name of Province/District

2012 APBA Allocation (IDR)



1 MAA Province 0 168,614,000 1,000,000,000

2 Aceh Besar 0 19,362,000 50,000,000

3 Lhokseumawe 600,000,000 45,905,000 20,000,000

4 Aceh Timur 0 100,000,000 200,000,000

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5 Gayo Lues 0 10,000,000 No data

6 Aceh Jaya 1,000,000,000 49,480,000 50,000,000

7 Aceh Barat 0 58,377,000 55,000,000

8 Aceh Selatan 329,000,000 66,963,800 115,329,500

9 Simelue 300,000,000 No data No data

10 Aceh Tengah 50,000,000 0 0

11 Abdya 140,000,000 No data No data

12 Aceh Tenggara 600,000,000 300,000,000

300,000,000

13 Sabulussalam 340,000,000 0 0

14 Nagan Raya 700,000,000 No data No data

15 Aceh Singkil 790,000,000 75,000,000

250,000,000

16 Banda Aceh 1,6000,000,000

0 0

17 Pidie 150,000,000 0 25,000,000

18 Aceh Utara 778,000,000 0 0

19 Bener Meriah No data 20,000,000

60,000,000

20 Aceh Barat No data 58,377,000

55,000,000

Source: APBA 2012, 2013 & 2014

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Under the terms of a new agreement with MAA, SAJI will provide support to utilize the media (e.g. brochures, radio talk shows and PSAs) to leverage public support from the government for more APBA funding. Gender equality will also be promoted through innovative activities including a pilot in targeted gampong in Aceh Besar where women are supported to run as officialadat justice providers and/or gampongleaders.

The previous report noted key Central Sulawesi Government decision makers did not support the establishment of a MAA like entity, which they believed would be in contravention to existing laws. These decision makers believed the MAA was legally acceptable in Aceh because it had ‘special status’. The report noted however, that ‘ordinary’ provinces like Central Kalimantan also had a similar entity. These decision makers now support the establishment of this MAA-like body in Central Sulawesi. SAJI will work closely with the ‘Governor’s Working Group’ to design an entity which serves as the custodian for adat justice in line with sociolegal conditions within the province.

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Indicator Annual Target 2013

Progress Status

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

1 local regulation drafted, 1 institution established and 1 guideline adopted that improves the clarity, accountability, and fairness of the informal justice system in Central Sulawesi

- 1 local regulation drafted (i.e. Central Kalimantan Governor Regulation on the ‘Customary Justice Guideline’) for enactment by Q3 2014

- 1 informal institution established (i.e. Governor’s Working Group) in Central Sulawesi, pending establishment of a more formal entity

- 1 guideline adopted that improves the clarity, accountability and fairness of the informal justice system in Central Sulawesi through Governor Regulation No. 42/2013 on the ‘Customary Justice Guideline’

Partially

achieved

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

Beneficiary satisfaction survey/assessment (for baseline purposes) undertaken in Central Sulawesi

- Beneficiary satisfaction survey/assessment (for baseline purposes) is being undertaken in Central Sulawesi

- This survey/assessment will be completed byQ2 2014

Partially

achieved

3) Number of women provided with legal information and socio-political capacity building support; and the level of increase in

200 women leaders provided with legal information and socio-political capacity building support in Central Sulawesi; and

- On 30 October 2013, 50 Central Sulawesi women leaders (from Palu, Sigi,Donggala and Poso districts)were provided with legal information and socio-political capacity building through trainingfacilitated by Ms. Samsidar (former Komnas PerempuanCommissioner from Aceh). Representatives from BPHN and theProvincial Legal Bureau were also in attendance

- On 30 September-2 October 2013, an additional 50 (Central Kalimantan) women leaders (from Palangka Raya and its

Not achiev

ed

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the availability and accessibility of paralegal and legal support to women who wish to seek justice outside of the informal system

targeted legal aid providers collect baseline data on the total number of referrals from adat justice providers

surrounding districts) were provided with legal information and socio-political capacity building through training facilitated by Ms. Samsidar (former Komnas Perempuan Commissioner from Aceh)

- In Aceh, an additional714 women leaders from Aceh Besar, Bireuen and Aceh Tengah received training from MAA and LBH APIK (held 1x in each of the 5 sub-districts of Aceh Besar;1x in each of the 5 sub-districts of Aceh Tengah; and 1x in each of the 4 sub-districts of Bireun). Pre and post test results demonstrated increased knowledge about the jurisdictional boundaries between the formal and informal justice system, and gender sensitive case handling

- 0 targeted legal aid providers collected baseline data on the total number of referrals from adat justice providers

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

Beneficiary satisfaction survey/assessment (for baseline purposes) undertaken in Central Sulawesi

- Beneficiary satisfaction survey/assessment (for baseline purposes) is being undertaken in Central Sulawesi

- The final results of this survey is due in Q2 of 2014

+

Overall achievement: Partially

achieved

Contribution to Longer-Term Results

A failure by earlier governments to consider adat justice as an integral part of the justice system has meant this system has not been properly regulated. Irregularities in adat processes, disproportionately in outcomes, and gender-biased decision making are just some of the results. Despite its problems, adat justice is heavily relied upon. The World Bank (2013), in fact, claims more than 75 percent of legal disputes are channelled through village and cultural (adat) leaders. What is less clear is whether such disputes end here. For the poor and vulnerable however, adat remains their first and last recourse to justice.

Over the last few years, the government has done a dramatic about face. The government is increasingly recognising adat justice as a legitimate part of the justice

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system. For instance, in January 2014, Indonesia enacted Law No. 06/2014 on ‘Villages’. Articles 97 and 103 of the law affirm the village’s authority to implement adatin their geographical area as a ‘peaceful means’ for settling disputes. Similar to NSAJ, the law also requires adat justice mechanisms to operate in line with international human rights standards and national law.

Government recognition of adat justice, and concerted efforts to regulate it, promises to afford the majority, and the vulnerable minority, with fair and impartial adat justice outcomes. Innovative initiatives supported by the project, like the MAA and adat justice guideline (see, the second human interest story in Annex 2 for more about this), provide insight to government partners like BPHN on how to better regulate this system.

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Output 5:“Knowledge management to inform policies and initiatives to effectively strengthen access to justice and contribute to Indonesian reporting in the implementation of human rights instruments”



1. Preliminary Results of Survey and Assessment on Central Sulawesi’s Adat Justice System Available

In order to strengthen customary justice mechanisms and processes in Central Sulawesi, the project must have sufficient knowledge about current conditions, so it can effectively plan its interventions. Preliminary results demonstrate 82 percent of adat justice users in the province are satisfied with current justice processes and outcomes overall (see box below for more disaggregated data). The sample size included 240 people (101 women, and 139 men) from four selected districts (Sigi, Donggala, Poso, and Parigi Mautong). Both offenders and defenders were surveyed. An analysis is currently underway on the statistical data.

Box 16: Satisfactory Levels of Customary Justice Users in Central Sulawesi

IndicatorsSatisfied

( % )

Unsatisfied

( % )

Unanswered

( % )

Fairness(equal treatment and acceptable outcome by disputing

parties)82.1 15.8 2.1

Efficiency(conducted through speedy and simple processes)

90.8 8.8 0.4

Accessibility(justice outcomes easy to obtain in times of need)

89.2 5.0 3.8

Transparency(users informed about decision making

processes)93.3 5.0 1.7

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Key results:

Beneficiary satisfaction survey/assessment on adat justice processes and system is underway in Central Sulawesi, following on the successful completion of a similar survey/assessment in Aceh early on in the year. The results of these surveys/assessments will be used to inform evidenced based policy making on adat justice, in particular the deliberation of a bill which recognizes and extends protection to adat communities

Beneficiary satisfaction & accessibility assessment on public complaints mechanisms is underway in 3 pilot districts. Recommendations from this assessment will be implemented by the pilots, and if funds permit, other districts as well

An assessment on the newly established legal aid system is underway which examines supply and demand issues discussed earlier. The results of this assessment will be discussed during a national meeting so BPHN and its relevant partners can identify appropriate actions to meet these challenges

Non-discriminatory(women are treated equally to men)

91.3 8.3 0.4

Protective of women(freedom from intimidation and recovery of

women defendants emphasized) 87.9 7.9 7.1

Presumption of Innocence(treated as not guilty until ruling made)

47.5 2.5 26.3


A bill is currently in the works which will provide greater recognition and protection toadat communities. SAJI intends to use the results of the beneficiary satisfaction assessments (already conducted in Aceh, and ongoing in Central Sulawesi) to ensure the state acknowledges the right of adat communities to uphold their laws.

In the past, knowledge products developed by SAJI have been utilized by the government as the basis for policy-making. A prime example is the results of a 2012 study on PCMs which influenced the shape of Presidential Regulation No76/2013, particularly sections that mandate the establishment ofPCMs nation-wide rather than just in capital cities, and that PCM’s take into consideration access issues for those with special needs. What SAJI learnt from this, and related experiences, is that the process of translating knowledge products into policy requires intensive and lengthy advocacy by SAJI.

SAJI is up to the challenge. SAJI’s input into this bill will be discussed in the next report.


Indicator Annual Target Progress Status1) Progress

made in updating information on A2J situations in Indonesia

A2J information updated and disseminated at the national level

A2J information updated and disseminated at the national level through the following communication products:- SAJI result’s sheet was updated in

September 2013 and published via the UNDP website

- With SAJI support, BAPPENAS has developed an A2J website (http://akseskeadilan.org/) where SAJI also provides updated information to the public

Fully achieved

2) Number of publications and reports produced by SAJI

5 publications and reports producedby SAJI

5 publications and reports produced by SAJI:1. New edition of the Aceh adat justice

guideline, which incorporates chapters on women and children’s rights (1000 copies have been distributed to the local government, police, adat and women leaders in Aceh)

2. Central Sulawesi adat justice guideline (1000 copies has been distributed to the local government, police, adat and women leaders in Central Sulawesi)

3. A pocket book on free legal aid (500 copies distributed to legal aid NGOs and Provincial Offices of Ministry of Law and Human Rights)

4. A guideline on maladministration

Fully achieved

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(500 copies distributed to Ombudsman offices nationwide)

5. A pocket book on the public complaints mechanism which details the legal basis for PCM establishment and provides advice on complaints handling (1500 distributed in 3 SAJI pilot districts: Bener Meriah; Palu; and Palangka Raya).

3) Number of government policies, laws, regulations, and strategy papers developed with SAJI’s support and research & assessment findings

3 government regulations, and 1 strategy paper developed with SAJI’s support

5 government regulations, and 1 strategy paper developed with SAJI’s support- 5 government regulations now

endorsed: Government Regulation No.

42/2013 on ‘Mechanisms for Legal Aid Funds Distribution’, which clearly outlines how funds are to be transferred to selected legal aid organizations

Minister of Law and Human Rights Regulation No. 3/2013 on the ‘Verification and Accreditation of Legal Aid Organizations’, which specifies how legal aid organizations can become eligible for funding

Minister of Law and Human Rights Regulation No. 22/2013 on ‘Standards for Legal Aid Service Provision’, which outlines minimum quality service standards for legal aid providers, and mandates compliance with these standards;

Minister of Law and Human Rights Decree No. M.HH-03.HN.03.03/2013 on the the ‘Claimable Costs for Legal Aid Litigation and Non-Litigation’

Presidential Regulation No. 76/2013 on the ‘Management of Public Complaints Mechanisms within the Public Services’

- Strategy Paper on Public Complaints Handling in Strengthening Access to Justice, details the current condition of PCMs in the Ombusdman, Supreme Court, Judicial Commission and the National Human Rights Commission, and provides recommendation on how to make PCMs more accessible nationwide

Fully achieved

Overall achievement: Fully Achieved

Contribution to longer-term resultsSAJI seeks to sustain, and build on the results, of previous UNDP projects including AJP and LEAD. It does this by feeding information about best practices, lesson learned and knowledge products from these two previous projects and SAJI to government and non-

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government partners involved in policy making. By developing an output that’s focus is on strengthening these linkages, SAJI hopes to maximize the impact of project results.

Cross Cutting Issues

Gender MainstreamingUnfavorable gender relations prevent women in particular from accessing justice. Poor women, like poor men, have difficulty accessing justice due to the financial costs associated with such processes. Unlike poor men, poor women face additional barriers due to cultural and political taboos which discourage women from challenging their husbands and disclosing family problems like gender violence and abuse in public. Poor women brave enough to seek legal recourse, regardless of the weight of public opinion, often turn to the informal justice system. Unfortunately, informal justice mechanisms are still predominantly male dominated and do not always offer fair and impartial justice outcomes for women (UNDP 2009).

SAJI recognizes the aforementioned problems, and addresses it through the following gender strategy:

SAJI places women as a priority group and strives to advance gender equality and the empowerment of women in Indonesia as a cross-cutting priority of the project – be that legal aid, community-based justice, or publiccomplaint and grievance handling. SAJI will also use sex disaggregated data within the project to gauge the impact of the project on women as a target group, develop gender mainstreaming monitoring and evaluation tools, and sensitize all its project staff and grantees to gender issues (UNDP 2012, 45).

One of SAJI’s general project strategies is programming based on the NSA2J. The NSA2J also explicitly recognizes the gender dimensions of access to justice problems in Indonesia. It is for this reason, women are identified as one of eight priority sector areas.

During the reporting period the following gender results were achieved:

Nine out of 11 government staff assigned to manage the pilot PCMs are women An assessment is currently being undertaken which considers how accessible the

PCM pilots are for women and other vulnerable groups. The assessment will result in a series of recommendations for follow up by the agencies in charge of the pilot. SAJI will also support the development of a book on best practices which the Ombudsman will use to advocate for the replication of the pilot to other provinces

Seven out of the 41 qualified legal aid NGOs working in SAJI’s five target provinces specialize in women’s rights (3 in Aceh; 2 in Central Sulawesi; 1 in Maluku; and 1 in North Maluku). The selection of these sevenNGOs can help ensure better quality outcomes for women, as this NGO can draw on its expertise to defend women’s interests in civil, family/religious and criminal courts, particularly in sensitive cases like gender-based violence

In total, 338 women adat leaders were trained in women’s rights as well as mediation and dispute resolution techniques in Aceh (including 213 in Bireun, 51 in Aceh Besar, and 54 in Pidie Jaya) over the January-July 2013 period. This activity was a part of wider efforts to strengthen customary justice mechanisms in Aceh so it is more

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gender sensitive.SAJI expects to replicate this activity in two other pilot provinces (i.e. Central Sulawesi and Central Kalimantan)

Partnerships

The development and maintenance of partnerships is key to achieving sustainable and impactful results. Such partnerships are complimentary rather than competing, and draw on each partner’s comparative advantage. For instance, UNDP provides capacity development support to strategic government ministries/agencies in order to achieve Output 1. Likewise, effective partnering with strategic government ministries/agencies, ensures stronger government ownership and better chances for sustained results (see, diagram above).

Examples of successful partnerships during the reporting period include:

World Bank’s ‘Justice for the Poor’, Australian Indonesian Partnership for Justice (AIPJ) and the Tifa Foundation who are also working to advance free legal aid

UNDP’s‘Provincial Governance Strengthening Programme’ (PGSP) who is also working to strengthen service provision through PCMs

South-South CooperationIndonesia has placed South-South cooperation firmly on its foreign policy agenda. Its emergence as a middle-income country and G-20 member has led to increased demands for it to play a larger role in international affairs, including in the area of development cooperation. Indonesia is one of several players who are now actively driving the ‘South-South Knowledge Exchange Agenda’.

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

In January 2013, SAJI’s National Project Director (NPD), Ms. Diani Sadiawati, attended a workshop in Naypyitaw, Myanmar to promote justice sector reform in thenewly emerging

37

National govt ministries/institutions/agenciesSubnational govts

Civil society Universities

Private sectorDevelopment Partners

UN system

Who

Diagram 1: SAJI Partnership Strategy

democracy. During this workshop, she highlighted some of Indonesia’s successes in this area (as outlined in the situational analysis). She claimed public consultation and participation was key to sustained reform

In October 2013, SAJI National Project Manager, Anis Hamim, participated in a workshop in Yaonde, Cameroon on legal empowerment practices in ten countries. During this workshop, he shared Indonesia’s recent progress in rolling out state funded legal aid services through NGOs. Countries including Kenya, Cameroon, Tajikistan, and Kirgystan, indicated their intention to replicate this success story

Risk Management

Possible Risk Rating5 Mitigation Strategy & Effectiveness of Mitigation StrategyPoliticalChange of leadership in BAPPENAS and target provinces impacts government commitment to sustain project results

Impact: 3 Probability: 4 for BAPPENAS and 2 in target provinces

In the event of leadership changes within BAPPENAS, including changes to the NPD, UNDP and SAJI would closely coordinate with incoming officials tofoster trust, and provide regular and detailed information about progress against its work plan and budget In target provinces, the SAJI PMU and its responsible parties (RPs) would arrange a meeting with incoming leaders, and ask them to remain committed to agreements with the previous administration

FinancialDelays in transfer of donor funds affects achievement of results

Impact = 5Probability = 4

Project funds will run out by Q3 of 2014. UNDP, with the support of BAPPENAS, will identify and approach potential donors to secure financial commitments needed to achieve the targeted outputs.If the donor has already committed to the transfer of funds, and delays arise due to administrative reasons, the UNDP Programme Manager must notify the DGPRU Team Leader of the situation. The Team Leader will in turn, request Senior Management to allow negative expenditures to incurIn parallel, the UNDP Programme Manager must request the Team Leader and Senior Management immediately liaise with their relevant counterparts in the donor institution, to explain the impact of this delay on project implementation. Solutions needed to ensure the speedy transfer of funds must ensue

OperationalSudden departure of project staff and/or underperformance by pre-existing staff impacts timely implementation of activities

Impact = 4Probability = 2 for sudden leave and 4 for underperformance staff

The SAJI National Project Manager (NPM) will re-evaluate its human resources need, following the departure of staff. It will inform the UNDP Human Resource (HR) Unit on any need to fill vacant posts, for immediate follow-upIn staff underperform, the NPM will provide extra guidance to improve his or her performance. If no improvement occurs within a reasonable timeframe, the NPM will report the problem to the NPD, the UNDP Programme Manager, and/or the HR Unit to request a non-renewal of their contact. Necessary steps needed to ensure their speedy replacement will then be undertaken

Inability to place staff in target provinces affects project

Impact = 2Probability = 4

In order to achieve optimum results, the responsibility for activity implementation will be shared jointly by SAJI and government counterparts/RPs. If PMU staff cannot be placed in target provinces, SAJI PMU will provide support to government personnel remotely.

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

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effectiveness

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Lessons Learned

SAJIis scheduled for closure at the end of 2015, but it alreadyleaves behind an important legacy: A legal and regulatory framework that guarantees free legal aid, strengthens the informal justice system, and mandates the establishment of PCMs. This legal and regulatory framework provides the government with a strong legal basis for implementing activities designed to:

Further access to justice for the poor and marginalized through free legal aid Legitimize adat justice decisions, and professionalize the informal justice system Guarantee the public the right to seek remedy through PCMs in response to poor

service provision

This legal and regulatory framework will ensure better participation and representation by poor and vulnerable groups in justice processes, and strengthen the effectiveness of justice providers in delivering just outcomes, well beyond the project’s lifespan.

Conclusions and Ways ForwardThe accelerated implementation of the NSA2J remains high on SAJI’s agenda. Its incorporation into the new RPJMN will extend the timeframe for its implementation, but an intensification and proper coordination in efforts by the ministries/institutions requires a strong legal and regulatory basis for implementation. SAJI and BAPPENAS will continue to lobby for the enactment of a presidential regulation that mandates its implementation, and strengthen the capacity of the A2J Secretariat to monitor the progress of participating ministries/institutions through clearly defined indicators and targets.

Going into 2014, SAJI will continue to work with BAPPENAS, the Office of the Ombudsman, BPHN and subnational government partners to deliver project results. Priority actions include:

- Support the A2J Secretariat to use the revised NSA2J to lobby ministries/agencies to incorporate key NSA2J sector strategies into their annual work plans and budgets

- Assist the Office of the Ombudsman to capacitate the pilot PCMs to handle and effectively address public complaints, and to implement effective communication strategies to raise community knowledge about PCMs

- StrengthenNGO legal aid providers through training and related activities, and demand for these services through information dissemination, especially in three target provinces

- Help BPHN and the subnational governments of Central Sulawesi and Central Kalimantan to enhance adat justice including through: the finalization of the adat justice guideline in Central Kalimantan; and training of adat leaders, especially women, on the resultant guideline, as well as on leadership and mediation skills

- Continue working with MAA in Aceh to: promote women’s participation in leadership roles within the adat justice system; strengthen district government support for adat justice mechanisms; and raise community knowledge about adat justice systems

- Support the provincial government to build synergies among justice providers

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- Continue to develop policy papers on access to justice issues, as well as document and publish best practices and lessons learned that can properly capture the country's progress in the area of human rights, to informpolicymaking

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Annex 1: Agreed Changes toOutput Statements

CSA (references draft prodoc) Final prodoc (signed by UNDP and BAPPENAS)

Output 1: “Institutional mechanisms, legal and regulatory framework, and capacities of government institutions strengthened to implement the recommendations and Action Plans of the National Strategy on Access to Justice”

Output 1: “Institutional mechanisms, legal and regulatory framework, and capacities of governmentinstitutions strengthened to implement the recommendations and Action Plans of theNational Strategy on Access to Justice”

Output 2:“Improved public complaint/grievance handling mechanisms (PCMs) in government institutions at both national and subnational levels”

Output 2: “Improved public complaint/grievance handling mechanisms (PCMs) in governmentinstitutions at both national and subnational levels”

Output 3: “Access to justice in informal justice systems increased, particularly for women andvulnerable groups”

Output 3: “People’s access to state funded legal aid services are improved, particularly for the poor and the marginalized”

Output 4: “Access to justice in informal justice channels increased, particularly for women and vulnerable groups”

Output 4:“Knowledge management to inform policies and initiatives to effectively strengthen access to justice”

Output 5: “Knowledge Management to inform policies and initiatives to effectively strengthen access to justice and contribute to Indonesian reporting in the implementation of human rights instruments”

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Annex 2: Human Interest Stories

A Modern Day David & Goliath Story: In Defence of the Little People

A recent (2013) UN survey highlights just how pervasive sexual violence really is in the Asia Pacific region.

Almost half of men surveyed admitted to sexually or physically assaulting their female partners, and nearly one quarter admitted to raping a female partner or non-partner at least once in their lifetime.

Bunga, (not her real name), 17, is one of the many faces behind these statistics.

The Indonesian senior high school student was sexually assaulted by Joni (not his real name), the son of an important businessman in Sampit, Central Kalimantan in 2013. The attempted rape took place in a factory warehouse. The teenage girl managed to narrowly escape after putting up a fight. She tried to conceal what had taken place from her parents, but changes in her behaviour arouse their suspicions.

Her parents confronted her, when she began acting uncharacteristically quiet and withdrawn, and started refusing to go to school.

Bunga’s family were devastated when they uncovered what had took place, and sought to right a wrong, through the formal justice system.

“I spoke with every single lawyer in Sampit. All nine flat out refused to take on the case because I requested legal aid and they felt I had no chance of winning the case against a heavyweight’s boy”, said Bunga’s father.

The family had almost given up hope, when a family friend heard through a radio talk show that the Institute for Legal Aid and Consultation (Lembaga Konsultasi & Bantuan Hukum, LKBH) was providing state funded legal aid in Sampit.

LKBH is one of 41 legal aid providers supported by UNDP and National Development Planning Agency (BAPPENAS) through its ‘Strengthening Access to Justice in Indonesia’ (SAJI) project.

The Norwegian Government financed project, supported the rolling out of the new state sponsored legal aid bill, which provides opportunities for locally based non-government organizations (NGOs) to provide free legal support. Since July 2013, 310 legal aid providers nation-wide have been providing legal aid to the poor and vulnerable.

LKBH agreed to take on the case, and filed legal action against the perpetuator. Despite facing intimidation, Bunga and her father brought the case to court. After hearing Bunga’s testimony as well as the testimonies of supporting witnesses, and following a review of the evidence, the judge ruled in Bunga’s favour.

According to UN survey results, between 72-97 percent of sexual predators go unpunished in the Asia-Pacific.

Joni is not one of them. Currently he is behind bars, where he will serve his four year sentence.

Bunga and her family are happy with the result. “This free legal aid programme is helping poor people like us secure justice. We are truely grateful,” Bunga’s father said.

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LKBH is similarly elated with the win. “It was a tough case. One that was almost impossible to win. But it was one well worth pursing” said Pak Bambang, the Director of LKBH.

Just as David slayed Goliath, LKBH won its battle against the giant.

Judging by the statistics, there remains many more giants to slay in Indonesia, and the wider Asia-Pacific region

Customary Law Takes A Stand Against Globalizing Forces

In Indonesia, more than 75 percent of all legal disputes are channelled through the informal or customary (adat) justice system.

In a country that has strong communal and familial ties, adat’s mass appeal is not unsurprising.

Unlike formal laws, customary law is developed from the bottom up. Each member of the adat community mutually recognises and accepts the value of behaving in accordance to the ideals and expectations of other community members.

In the face of globalizing forces, many adat elders fear their traditions will be lost, and the ties that bind their communities unravelled.

Jore Pomei, the Head of the Kulawi Customary Council in Central Sulawesi, is one of those elders.

“Adat strengthens communial and familial ties as dispute resolution is resolved through peaceful means rather than conflict or confrontation”, Pomei said.

Since he was appointed Board Member in 2003, Pomei has kept meticulous records of customary law cases. His records detail the names of the disputing parties, the nature of the dispute, any steps taken to solve the dispute, and the final ruling.

He has taken pen to paper, because he believes such documentation is necessary to preserving the local wisdom contained within

its pages.

He has often worried that it

has all been for a lost cause, with younger Indonesian’s less bound to the customs and traditions of their forbearers.

It Is for this reason, that Pomei was elated when UNDP and the National Development Planning Agency (BAPPENAS) approached him to help develop the Central Sulawesi Adat Justice Guideline through the Norwegian financed ‘Strengthening Access to Justice in Indonesia’ (SAJI) project.

The guideline seeks to preserve adat, whilst ensuring the jurisdictional boundaries between the formal and informal systems is clear, and that adat is compatible with internationally recognised human rights standards.

“Now the guidelines has been developed, and the provincial government of Central Sulawesi has thrown its support behind it, I am more certain about the future of customary law, and my people”, Pomei said.

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“Adat strengthens communal and familial ties

as dispute resolution is resolved through peaceful means rather than conflict or confrontation”, Pomei

said”

Annex 3: Financial Report

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annual report - saji to norway_2013

Documents