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Provides a listing of articles on restorative justice developments in Indonesia. Articles appear in the order in which they were added to the site with the most recent appearing first.
Ulrich, Daniel W. "Resistance, reproof, and love of enemies in Matthew’s narrative ethic."
In this paper Ulrich investigates what many have perceived to be a conflict in Matthew’s gospel: on the one hand, Jesus commands his disciples to love their enemies (cf. Matthew 5:38-48); on the other hand, in much of Matthew’s narrative Jesus exhibits a sharply confrontational engagement with the religious authorities in Israel. Ulrich argues that Jesus’ teaching and example are consistent with each other in light of a text in Leviticus (19:-17-18) concerning reproof of one’s neighbor. Hence, the paper covers the notion of reproof in the Old Testament, Matthew’s understanding of reproof, Matthew’s teaching regarding enemies, Jesus’ example of love for enemies, and implications of all of this for Christians in applying Matthew’s narrative ethic.
Ruth-Heffelbower, Duane. "Reconciling injustices – A process for Indonesia."
In this essay, Ruth-Heffelbower explains restorative justice for a Muslim audience and proposes a process for reconciliation in response to the conflicts in Indonesia. He sketches the recent history of violence in Indonesia. This leads to a review of the history and theory of restorative justice in North America, Europe, and Asia-Pacific, as well as a diagram and model for peacemaking amidst conflict. The last part of the essay covers Ruth-Heffelbower’s proposals for applying that model to Indonesia.
Muladi. The prospect of alternative sanctions in Indonesia
In looking at the prospects for alternative sanctions in Indonesia, Muladi notes the growing attention in criminology to community-based alternatives to incarceration. Muladi focuses on alternative sanctions intended to satisfy the same goals as custodial sentences, not alternative sanctions with alternative goals (a more radical approach, as he states). This leads to a review of the history of alternatives to custodial sentences in Indonesia and of the advantages of alternative sanctions. Muladi goes on to discuss the implementation of alternative sanctions based on the current Indonesian penal code and then in relation to a draft proposal for that penal code
Ruth-Heffelbower, Duane. Indonesia: Restorative Justice for Healing a Divided Society
The modern Restorative Justice (RJ) movement began in North America as an approach to crime, and in New Zealand as an approach to child welfare issues. Both were based on the communal experience familiar to villagers worldwide. Societies which cannot afford to lock up those who violate societal norms have traditionally used restorative methods to return people to productive life in the community. Over the past 20 years or so certain principles of restorative justice have been recognized. These principles have been applied to criminal behavior, child welfare, school discipline, personnel management, and other areas of human interaction. In this paper the author explores the use of these principles for healing a large and deeply divided society, the country of Indonesia. The paper uses theory developed through years of practical application, and examines current efforts to apply the principles to various aspects of Indonesia's crises.
Hooper, Stephen. Should East Timor establish a truth and reconciliation commission?
In 1999, through a United Nations sponsored referendum, the people of East Timor voted on whether to pursue greater autonomy under Indonesian rule or independence itself from Indonesia. The proponents of independence won the vote, but then a devastating period of violence by pro-autonomy militia followed. Now independent East Timor must rebuild both materially and socially. In this context, Stephen Hooper writes that East Timor must rebuild in such a way that justice is done and reconciliation occurs.
Siapno, Jacqueline Aquino. Dismantling the master’s house: War and peace in Aceh and East Timor – the limitations of the language we use
In this paper, Jacqueline Siapno looks at conflicts in Aceh and East Timor over independence from Indonesia. Efforts to resolve those conflicts and make peace, according to Siapno, must also address issues of justice in each context. In particular, thinking and making peace require re-imagination of language and space for a new kind of politics. A new kind of politics is required to reckon with the structural roots of war, inequality, and violence in their many forms, including patriarchy, colonizing practices, state terror, misogyny, class conflict, poverty, and racism. Siapno tells the stories of many who have suffered from these injustices and many who have sought to overcome them with new structures of language and politics.
Ruth-Heffelbower, Duane. Peacemaking in Indonesia.
In 1999, Duane Ruth-Heffelbower took a leave of absence from his graduate faculty position at Fresno Pacific Universityxe2x80x99s Center for Peacemaking and Conflict Studies to accept an invitation to join the faculty of Duta Wacana Christian University (UKDW) in Yogyakarta, Indonesia under an appointment from the Mennonite Central Committee.
Ruth-Heffelbower, Duane. Local capacities for peace meets conflict resolution practice.
In the 1990s, many universities in Europe and North America instituted peacemaking programs. During the same period, humanitarian aid agencies were wrestling with issues related to relief and development in areas of need and conflict. Duane Ruth-Heffelbower, writing out of his experience as a practitioner in conflict resolution, looks at the spheres of conflict resolution and of relief and development to see how each can illuminate and learn from the other. In particular, he builds on the notion of identifying and dealing with social “dividers�? and “connectors�? – that is, local capacities for conflict, and local capacities for peace – when providing assistance and seeking to resolve conflict in a given situation. Heffel-bower applies these ideas to conflict in Indonesia.
Muhammed, F. "Role of the Informal Justice System in Resolving Indonesia's Crime Problem."
Crime prevention in Indonesia is a function of criminal justice agencies and other government and community security institutions. All crime prevention efforts are arranged according to a self-supporting system of public security and order and are actualized through the idea of area security systems that consist of work, school, and residential areas. Law enforcement is basically only conducted by criminal justice agencies. In reality, however, crime resolution is also affected using unofficial means to resolve conflict, particularly for misdemeanors. The essence of Indonesia's informal system involves unofficial crime clearance, a practice conducted by both the police and the community. The relatively small number of total crimes and low crime rates in police statistics indicate many misdemeanors have been cleared in unofficial ways. The Indonesian culture appears to be conducive to the unofficial approach to crime clearance, particularly with respect to religious values. Additional research is recommended to study the correlation between crime rates and traditional means of social control, religious life, and the effectiveness of unofficial crime clearance in reducing recidivism.
Segal, Eliezer. "Jewish perspectives on restorative justice."
In discussing Jewish perspectives with respect to restorative justice, Segal points to the central importance of Torah in Jewish life. Torah, meaning "instruction", refers to a complex set of commandments from God to the people of Israel. In a strict sense, Torah consists of the first five books of the Jewish Scriptures. In a broad sense, Torah consists of those books and the subsequent tradition of commentaries on them. Adherence or obedience to divine law or Torah is in many ways more important than adherence to doctrine. At the same time, certain key doctrinal ideas in the Scriptures form the foundation for the Torah way of life: humanity created in the divine image; the common origin of all humanity; peace; liberty; love for others; the dialectical interplay of mercy and justice; and the freedom of the will (allowing us to turn from evil). With all of this as background, Segal discusses certain key ideas and practices in the Torah and in Jewish life that bear upon the nature of wrongdoing and response to it: restoration; punishment; and atonement. For example, property crimes required restoration of the stolen or damaged property, or compensation for the property. In addition to financial penalties, possible punishments included exile, corporal punishment, and capital punishment. It is noteworthy that rabbinic law re-interpreted many possible forms of corporal punishment (the "eye for an eye" of Exodus 21:22-24) into a system of compensation, and it made capital punishment very difficult to administer. Nevertheless, the Torah did not see a fundamental inconsistency between the imposition of punishment and what we might consider the more restorative aspects of adjudicating wrongdoing in the Torah.
Abu-Nimer, Mohammed. "Education for coexistence in Israel: Potential and challenges."
Coexistence projects, as described by Abu-Numer, consist of efforts to educate participants to achieve peaceful coexistence between majority and minority groups. While the purpose is laudable, Abu-Nimer maintains that the projects have limitations and shortcomings. In this chapter then, he surveys certain types of coexistence initiatives carried out in Israel by Arabs and Jews. Limitations of the goals, processes, structures, and content of such projects are identified. This leads to discussion of the implications of these limitations on the concepts of peace, coexistence, justice, and reconciliation between Arabs and Jews in Israel. In view of all of this, Abu-Nimer suggests ways to adapt such initiatives.
Burgess, Patrick. A New Approach to Restorative Justice - East Timor's Community Reconciliation Processes
"The 24-year-long conflict and military occupation of East Timor (now Timor Leste) had this destructive effect on the local culture. Divisions were deep; anger was high, violence very near, whether measured from the past or the future. In this context a number of potential mechanisms for achieving accountability were raised. An international tribunal was recommended but not established. A specific domestic tribunal was set up in Indonesia, which is widely described as a "sham." A mixed tribunal established within Tibor Leste has succeeded in prosecuting a significant number of "smaller fish," but cannot touch those most responsible because they reside safely in Indonesia. Into this mix was added the Commission for Reception, Truth and Reconciliation (CAVR)." (excerpt)
Ford, Michele. Emerging Labor Movements and the Accountability Dilemma: The Case of Indonesia
"This chapter begins by examining the arguments most often made about the differences between labor unions and labor NGOs and the effects those differences have on the nature and extent of their accountability to workers. It then explains the context in which NGOs came to dominate the Indonesian labor movement in the early 1990s and the web of accountability in which Indonesian labor NGOs and unions find themselves today. The chapter concludes by outling the implications of the "accountability dilemma" faced by unions and labor NGOs. It argues that -- despite their formally democratic accountability structures -- Indonesian unions are not necessarily always more accountable to workers than their undemocratic labor NGO counterparts. This suggests that a multidimensional model of accountability is required that recognizes the impact that pressures associated with a particular environment have on labor movement organizations' ability to be accountable to workers." (excerpt)
Pigou, Piers. Crying without Tears. In Pursuit of Justice and Reconciliation in Timor-Leste: Community Perspectives and Expectations.
The International Center for Transitional Justice (ICTJ) assists countries seeking accountability for mass human rights abuses. Since 2001, the ICTJ has been helping Timor-Leste in this regard. As Piers Pigou observes, Timor-Leste’s journey to independence – from centuries of Portuguese colonialism through more recent years of Indonesian occupation – has been turbulent and traumatic. Under the control of Indonesia many died from repression, violence, disease, and malnutrition. Violence, intimidation, and destruction even persisted before, during, and after the United Nation’s supervised referendum in 1999 that led to independence. Pigou details his research into efforts to uncover past human rights abuses in Timor-Leste and determine accountability for them. This includes an independent Commission for Reception, Truth and Reconciliation (CAVR), the mandate of which is to foster reconciliation by documenting human rights violations in Timor-Leste between 1974 and 1999, and by developing a community reconciliation process for those who committed less serious crimes.
Bowen, John. The Search for New Sources of Legitimacy in Indonesia after Suharto
After an aborted communist coup in 1965 in Indonesia, General Suharto came to power in 1966-1967. This led to a period of violence and mass human rights violations in Indonesia. Over the decades a certain stability and growth also occurred, but accompanying them were political oppression and corruption. Suharto's rule ended in 1998 after protests and violence against his regime. This has led to more unrest, violence, and human rights violations in Indonesia. As John Bowen comments, Indonesia after Suharto seems plagued by both a massive failure of social order and a severe crisis of political legitimacy. The two are linked for, despite Suharto's slogan of a "New Order," he failed, among other things, to create a legitimate and effective legal system. Against this background, Bowen explores current debates within Indonesia about the legitimacy of various legal and political responses to the crisis. Proposed responses include tribunals to deal with crimes under Suharto, reforms in the justice system, and a devolution of power to local authorities. Bowen pays particular attention to potential tensions between two types of demands: one for a more effective and impartial nation-wide legal system; and the other for greater regional autonomy and recognition of ethnic and religious communities' rights.
von Benda-Beckmann, Keebet. Law, Violence and Peace Making on the Island of Ambon
The island of Ambon is in Molucca province in Indonesia. In January 1999 a fight occurred between a Christian taxi driver and a Muslim youth or youths. While similar fights were not uncommon, they usually cooled down soon. This one did not; rather the fight led to wider conflict. Thus began a long period of intense ethnic-religious fighting and rioting that became a virtual civil war, with much destruction of property and loss of life across Ambon and a set of neighboring islands. Many have attempted to establish peace and a measure of reconciliation. These include religious leaders (both Christian and Moslem), local leaders, influential intellectuals, and high politicians. None have succeeded as of yet. In this context, Keebet von Benda-Beckmann surveys the peace-making process. Admittedly this is speculative, as peace has not been established. Yet von Benda-Beckmann aims in this chapter to contribute to understanding the causes of the conflict and the strengths and challenges of the ongoing peace process in Ambon.
Stahn, Carsten. Accommodating Individual Criminal Responsibility and National Reconciliation: The UN Truth Commission for East Timor
In both the distant past and the near past, the population of East Timor has suffered severe human rights violation. Carsten Stahn sketches the history of those violations at the outset of this paper. The most recent episode occurred in the latter quarter of the twentieth century following Indonesiaxe2x80x99s invasion and occupation of East Timor, especially following a 1999 UN-organized referendum on independence from Indonesia. In 2001 the United Nations Transitional Administration in East Timor (UNTAET) established the Commission for Reception, Truth and Reconciliation (CRTR). The aim was to promote national reconciliation and healing. As Stahn explains, the creation of CRTR fit with the increasing use and refinement of such mechanisms for dealing with past injustices and assisting with transitional nation-building. In this context, Stahn examines the general features of the CRTR and the East Timorese justice and reconciliation model.
Ruth-Heffelbower, Duane. No stumbling blocks to reconciliation
At the time of this sermon, Americans Duane Ruth-Heffelbower and his wife were teaching in Indonesia. In the sermon Duane Ruth-Heffelbower explores the ministry of reconciliation and challenges or stumbling blocks to reconciliation through an examination of this passage from one of Paul’s letters to the Corinthians- 2 Corinthians 5:17-6:10. He discusses the meaning of reconciliation from a theological foundation, actions and attitudes that impede reconciliation, and principles and actions that foster reconciliation.
Ruth-Heffelbower, Duane. Restorative Justice or Impunity: The Choice for East Timor
From his experience as Director of Peace Programs for Mennonite Central Committee Indonesia, Duane Ruth-Heffelbower reflects on the aftermath of the conflict involving Indonesia and East Timor. Some have called for an international tribunal to try those accused of crimes against humanity in Indonesia’s frustrated attempt to seize East Timor. Ruth-Heffelbower claims this shows once again the futility of retributive thinking. Examining the history and current state of things between Indonesia and East Timor, he argues that, if the only source of justice is through punishing the perpetrators, there will be no justice in East Timor. The alternative he advocates is the pursuit of reconciliation through restorative justice.
Nixon, Rod and Hohe, Tanja. Reconciling Justice. "Traditional" Law and State Judiciary in East Timor
The authors of this report, Tanja Hohe and Rod Nixon, assert that local legal systems have been of continuing relevance in East Timor throughout and beyond the periods of Portuguese colonial and Indonesia occupation. Imposed state judiciaries have had a limited impact. Moreover, local populations have tended to use state judiciaries, where imposed, in accord with the priorities of their own cultural context and perspective. In the cultural world view of native populations, kinship concepts relate intimately to most aspects of life. Communities tend to be ordered through kinship concepts and systems, with supernatural ancestral powers as controlling and life-giving forces. Hence, conflict resolution and punishment of offenses are part of this “traditional�? or customary order of values and rules. Against this background, Hohe and Nixon examine the reconstruction of society following the destruction of the infrastructure and administration of East Timor in the wake of the vote for independence from Indonesia in 1999. During the peacekeeping and state-building operation of the United Nations, reconciling local and state systems and institutions has been extremely difficult. In particular, the authors explore the relationship between local approaches to conflict resolution and state systems of law in the context of rebuilding East Timor’s society.

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