ELSAM, Jakarta –Tracing Indonesian history, it is undeniable that mass violence and systemic discrimination have been inseparable parts of this nation’s journey. They, the victims of past violence, always suffer from alienation, restriction and discrimination in any aspects of their lives. Many of them are living their lives as poor and old in any regions of the country. In short, they find it difficult to get access to the public service and development programs, as other citizens in general. Therefore, the specific approach is required to touch this community in order to provide them with protection system, and access to remedy and rehabilitation, including social service and economy empowerment.
The affirmative action is pursuant to the provision of Article 28 H paragraph (2) of Indonesian Constitution 1945, which stated that every person shall have the right to receive facilitation and special treatment to have the same opportunity and benefit in order to achieve equality and justice. It means that special treatment is specified in the obligation to protect, promote, enforce and fulfil human rights as a state responsibility to be implemented by all government officials.
Constitutional Court affirmed that the special treatment policy of affirmative action to certain groups is a constitutional policy. Such action is an effort to provide opportunity to certain groups in order to have equal opportunity or role. The special treatment policy to the victims of past violence cannot be called as indiscriminative or unfair action according to Article 28D paragraph (1) of Indonesian Constitution. Indeed, the policy is a part of state commitment on human rights international obligation which ordered to eliminate discrimination in any forms.
Promoting the institutionalization of special treatment policy for all victims of past violence so that they fully obtain the social, economy and culture rights and being freed from any forms of discrimination is in the pursuit of current government commitment expecting to strengthen the diversity and Indonesian social restoration. Therefore, it will need an effective policy setting to support and be the umbrella to accelerate the remedy of past violence victims. The remedy will lead to the strengthening of social solidarity based on fair and civilized values, which further will be the main knot of Indonesian social restoration. [ ]