WITH GOD'S MERCY
THE PRESIDENT OF THE REPUBLIC OF INDONESIA

Considers:

a. that gross violations of human rights that occurred before the adoption of the Law number 26 Year 2000 on Human Rights Court must be investigated in order to establish the truth, to uphold justice and establish a culture that values human rights in order to promote national reconciliation and unity;
b. that the establishment of truth is also for the interest of the victims and/or their families whom are the victim's heirs in obtaining compensation, restitution and/or rehabilitation;
c. that in order to reveal the gross violations of human rights concrete steps must to be taken to form a Truth and Reconciliation Commission;
d. that based on the considerations contained in points (a), (b) and (c), an Act concerning a Truth and Reconciliation Commission must be adopted; 

Acknowledges:

1. Article 5, sub article (1) and article 20 of the Republic of Indonesia Constitution 1945;

2. Law No. 26 year 2000 on Human Rights Court (The Indonesian Republic State Gazette of 2000 No. 208, State Gazette Supplement No. 4026); 

 
THE INDONESIAN LEGISLATIVE COUNCIL in agreement with  THE PRESIDENT OF THE REPUBLIC OF INDONESIA  Resolves to adopt: The Law on Truth and Reconciliation Commission.

Chapter I General Resolution
Article 1

In this Law
1. 'Truth' means the truth of an incident which can be revealed concerning a gross violations of human right, in regard of the victims, perpetrators, place and time.
2. 'Reconciliation' is the result of a process of revealing the truth, acknowledgment and pardon, taken by the Truth and Reconciliation Commission in its capacity to reconcile gross violations of human rights, in order to promote national peace and unity.
3. The Truth and Reconciliation Commission, which is herein-after called The Commission, is an independent institution established to reveal the truth relating to gross violations of human rights and bring about the reconciliation.
4. A gross violation of human rights is a violation of human rights as  intended in The Law No. 26 of 2000 on the Human Rights Court.
5. Victim is individual or a group of individual who suffer both physical, mental, and emotional, economical loss or experience denial, derogation, or expropriation of their basic rights as a direct results of gross violations of human rights, this category includes victim's heirs.   
6. 'Compensation' means the restoration of detriment awarded by the State to the victim or victims family whom are the victim's heirs in accordance with the financial capacity of the State in order to fulfill basic needs, including physical and mental health treatment.
7. 'Restitution' means restoration of detriment given to the victim or the victims family whom are the victim's heirs by the perpetrator or a third party.
8. 'Rehabilitation' is the restoration of dignity of an individual, including honour, good name, status or other rights.
9. 'Amnesty' means the clemency bestowed by the President as Head of State upon the perpetrator of a gross violations of human rights, taking into consideration of the People's Legislative Assembly.
10. 'Day' means a working day.

Chapter II The Foundation for Establishing The Commission
Article 2

 The Commission is founded on the principles of:
a. Autonomy; b. Freedom and Independence;
c.   Beneficiary; d. Justice; e. Honesty; f. Openness;
g. Peace; and
h. National unity

Article 3

The aim of establishing the Commission is:
a) To resolve past gross violations of human rights outside of the court of law in order to establish national peace and unity; and
b) Establish national reconciliation and unity in the spirit of mutual understanding
 
Chapter III Location, Function, Duty and Authority

Article 4

The Commission is to be located in the capital city of the Republic of Indonesia with a geographic jurisdiction covering all areas of the Republic of Indonesia.
 
Article 5
The Commission has an institutional function of a public nature to reveal gross violations of human rights and to bring about reconciliation.

Article 6

In performing its function as within the meaning of article 5, The Commission has the task of:
a receiving complaints or statements from perpetrators, victims or victims families whom are the victim's heirs;
b investigating and clarifying gross violations of human rights;
c providing recommendations to the President concerning appeals for amnesty;
d providing recommendations to the President concerning the awarding compensation, and/or rehabilitation; and
e providing annual reports and final reports to the President, The Indonesian Legislative Council, with copies to the Supreme Court, concerning the accomplishment of its task and its authority in a case.

Article 7

(1) In performing its task as within the meaning of  article 6, the Commission has the authority to:
a carry out investigation in accordance with existing legislations;
b request information from victims, victims' family, perpetrators and/or other parties, within and outside the country;
c obtain official documents from civil and military agencies as well as other institutions that exist within and outside the country;
d coordinate with related agencies, both within and outside the country, in order to provide protection for victims, witnesses, individuals making statements, perpetrators and evidence in accordance with existing legislation;
e call on concerned individuals  to give information and testimony;
f make a decision concerning the award of compensation, restitution and rehabilitation; and
g refuse a request for compensation, restitution, rehabilitation, or amnesty, if the case has been registered to the Human Rights Court.
(2) In definite situation, while carrying out its authority, as within the meaning of subarticle (1) letter b, c, d and e, the Commission can request a court warrant to employ forceful measures.
(3) If the Commission requests a court warrant, as within the meaning of subarticle (2), then the court is obliged to provide the warrant within seven days from the date upon which the request for the resolution was made to the court.

Chapter IV
Structure

Article 8

The Commission shall be made up of a:
a . Commission Council ; and
b. Sub Commission

Article 9

(1) The Commission Council as within the meaning of article 8 holds the highest authority within the Commission
(2) The Commission Council shall comprise of all members of the Commission
(3) The Commission Council shall be official if attended to by at least 2/3 (two thirds) of all Commission members.
(4) A decision of the Commission Council as within the meaning of sub article (3) shall be official if approved by at least ? (half), plus 1 (one), of Council members present.
(5) A decision of the Commission Council as within the meaning of sub article (4)  shall be final and binding and cannot thereafter come within the jurisdiction of State Administration court.

Article 10

The Commission Council has the authority to:
a. elect one Chairman and two  Vice-Chairmen of the Commission;
b. determine the members of the Sub-Commission;
c. establish a code of ethics for the members of the Commission;
d. establish Commission work regulations and mechanisms;
e. proposing  appointment and dismissal of Commission members;
f. establish a work program for the Commission;
g. decide upon recommendations regarding requests for compensation, restitution and/or rehabilitation; and
h. decide upon requests for amnesty.

Article 11

The Sub-Commission as within the meaning of article 8 letter (b) holds the power in accordance with the authority of the Sub-Commission concerned.

Article 12

(1) A session of the Sub-Commission shall be official if attended to by:
a. 6 (six) members of the investigation and clarification sub-commission;
b.  3 (three) members of the compensation, restitution and rehabilitation sub-commission;
c. 3 (three) members of the amnesty consideration sub-commission.

(2) A decision made at a session of the Sub-Commission as intended in sub article (1) shall be official if it is approved by:
a. 4 (four) members of the investigation and clarification sub-commission;
b.  2 (two members of the compensation, restitution and rehabilitation sub-commission;
c. 2 (two) members of the amnesty consideration sub-commission members present.
(3) A session commenced to make decision in a sub-commission shall be conducted in closed manner and the decision shall be confidential.

Article 13

Further regulations concerning the procedure of the Commission and Sub-commission sessions as referred to in Articles 9 and 12 will be further regulated by Commission Regulation.

Article 14

In performing its function, the Commission shall be assisted by the Commission Secretariat which task is to provide administrative services for the implementation of Commission activities.

Article 15

(1) The Commission Secretariat shall be headed by the Commission Secretary.
(2) The Commission Secretary shall be appointed and discharged by Presidential Decree.
(3) The status, organizational structure, function and responsibility of the Secretariat as within the meaning of sub article (1) shall be determined by Presidential Regulation.
(4)  The Presidential Regulation as referred to in sub article (3) will be issued within no more than 3 (three) months since the establishment of the Commission.

Article 16

The Commission as referred to in article 4 shall consist of:
a. The Sub-Commission for the Investigation and Clarification of gross violations of human rights;
b. The Sub-Commission for Compensation, Restitution and Rehabilitation and
c. The Sub Commission of Amnesty  Consideration.

Chapter V
Function and Authority of the Sub-Commission

Article 17

The Sub-Commission for Investigation and Clarification as within the meaning of article 16 letter (a), shall have the task of investigating and clarifying gross violations of human rights.

Article 18

(1) In performing its task as within the meaning of article 17, the Sub-Commission for Investigation and Clarification has the authority to:

a. receive complaints, gather information and evidences concerning gross violations of human right  from victims or other parties;
b. look for facts and evidences of gross violations of human rights;
c. obtain official documents from civil and military agencies as well as private organizations within and/or outside the country;
d. summon all related individuals to give information and testimony;
e. Clarify individuals as perpetrators or victims of gross violations of human rights;
f. determine categories and types of gross violations of human rights as established in Law No 26 year 2000 on Human Rights Court; and
g. establish an Investigation and Clarification Unit.
(2) In implementing the tasks and authority as within the meaning of sub article (1) letter (d), (e), and letter (f), [the sub commission] shall do so in public sessions.

Article 19

The Compensation, Restitution and Rehabilitation Sub-Commission as within the meaning of article 16 (b) shall have the task of giving legal opinions in the matter of awarding compensation, restitution and rehabilitation to victims of gross violations of human rights or their families whom are the heirs of the victims.

Article 20

The Compensation, Restitution and Rehabilitation Sub-Commission shall have the authority to:
a. make guidelines concerning the award of compensation, restitution and/or rehabilitation to victims or their families whom are the heirs of the victims.;
b. Make clarification to the victims and check over the completeness of the requirement of the request in order to award the compensation, restitution and rehabilitation to the victims or their families whom are the heirs of the victims.
c. make suggestions to the Commission concerning compensation, restitution and rehabilitation that are general in nature that would restore the rights and dignity of victims and/or their families whom are the heirs of the victims.

Article 21

(1) Compensation, restitution and rehabilitation as within the meaning of article (19) shall be conferred within a period of three years from the date the decision was made by the Commission.
(2) Rules concerning the rule of procedures in awarding compensation or rehabilitation as within the meaning in sub-article (1) and restitution shall be established by Government decree.

Article 22

The sub Commission of Amnesty Consideration as referred to under Article 16 letter (c) shall have the task of providing recommendation in form of legal opinions to the President concerning requests for amnesty.

Article 23

The Sub Commission of Amnesty Consideration shall have the authority to:
a. Receive confessions regarding gross violations of human rights that occurred before the enactment of Law No 26/2000 on Human Rights Court;
b. establish criteria, requirements and procedures concerning request for amnesty in cases of gross violations of human rights;
c. make clarifications to victims and/or perpetrators upon the confessions or denials on [a case or occurrence of] gross violation of human rights.

Chapter VI
Procedures Regarding The Settlement of Requests for Compensation, Restitution, Rehabilitation and Amnesty.

Article 24

If the Commission receives a complaint or a report of gross violations of human rights accompanied by a request for compensation, restitution, rehabilitation or amnesty, then the Commission is obliged to settle the matter by giving a decision within a period of no more than ninety (90) days from the date upon which the request was received.

Article 25

(1) A decision of the Commission as within the meaning in article 24  may take the form of a:
a. Decision to accept or decline the award of compensation, restitution and/or rehabilitation; or
b. Giving a recommendation in the form of legal opinion regarding request for amnesty.
(2) In issuing the legal opinion, as within the meaning of sub-article (1), The commission is obliged to consider the recommendation of the public submitted to the Commission
(3) The recommendation within the meaning of sub article (1) letter (b) shall be conveyed to the President in order that a decision can be made with a period of no more than three days calculated from the date of the decision of the Commission Council
(4) The President is obliged to request consideration about the amnesty to the House of Representative with the period of no more than thirty (30) days calculated from the date the recommendation is received
(5) The House of Representative obliged to give amnesty consideration with the period of no more than thirty (30) days calculated from the date upon which,  the  request of consideration from the president is received
(6) Decision of the president on the subject of acceptance or refusal of the request of amnesty shall be made with the period of no more than thirty (30) days calculated from the date upon which, the amnesty recommendation from The House of Representatives is received.

Article 26

(1) The decision of the president, as within the meaning of article 25 sub-article (6), shall then be re-conveyed to the Commission within a period of no more than three days, calculated from the date upon which the decision was made.
(2) Commission shall convey the decision of the president as within the meaning of sub-article (1) to the victim or their families who are the victim's heirs within the period of no more than 7 days, calculated from the date upon which the decision is received by the commission.

Article 27

Compensation and rehabilitation, as within the meaning of article 19, may be awarded when a request for amnesty is granted.

Article 28

(1) In the case where the perpetrator and the victim of a gross violation of human rights, which occurred before the enactment of Law No 26/2000 regarding Human Rights Court, forgive and reconcile with one another, the Commission may give a recommendation to the President to grant the amnesty.
(2) Forgiveness and reconciliation with each other, as within the meaning of sub-article (1), is obliged to be accompanied by truth telling regarding the gross violations of human rights committed.
(3) Statement of peace agreement as within the meaning of sub article (1) shall take the form of a written agreement signed by both parties and the Chairman of the Commission.

Article 29

(1) In the case of a perpetrator and a victim forgiving one another, the Commission is required to decide upon a recommendation for the consideration of an amnesty.
(2) If a perpetrator admits wrongdoing, acknowledges the truth of the facts, states his/her remorse for their action and is prepared to apologise to the victim or the victim's immediate family, but the victim or the victim's immediate family are not prepared to forgive the Commission will decide upon recommending an amnesty autonomously and objectively.
(3) If a perpetrator is not willing to acknowledge the truth and his or her wrongdoing as well as not being prepared to show any remorse for his or her action then the perpetrator of the gross violations of human right in question forfeits his or her right to an amnesty and the case will be submitted to the had hoc human rights court.

Article 30

The Sub-Commission, as within the meaning of article 16, is obliged to prepare and submit a report to the Commission concerning the outcome of its tasks.

Chapter VII
Membership

Article 31

The Membership of The Commission is selected from a list of nominees submitted by individuals, groups and/or social organizations.

Article 32

(1) The selection and election of members of the Commission shall be based on their qualifications, expertise and high moral integrity and the fulfillment of the following criteria:
a. a citizen of the Republic of Indonesia;
b. healthy in mind and body;
c. an individual of authoritative bearing, honest, just and of good character;
d. at least thirty (30) years old;
e. loyal to the Pancasila and the Constitution of 1945;
f. possess knowledge of, or concern in human rights;
g. not be a member of the Indonesian Army or The Republic of Indonesia's Police Force;
h. Willing to renounce affiliation to political party and/or leadership of any society organization; and
i. have never been involved in the violation of human rights.

(2) In addition to fulfilling the criteria as set out in sub-article (1), members for the Commission shall be selected based on considerations [in regards to]:
(a) geography;
(b) ethnicity;
(c) religion; and
(d) expertise.

Article 33

(1) The first selection and election of members for the Commission, as within the meaning of article 31, shall be done the President.
(2) In selecting and electing the members for the Commission, as within the meaning of sub-article (1), the President shall establish a Selection Committee.
(3) The Selection Committee, as within the meaning of sub-article (2), shall consist of five people, with the composition as the following:
a. 2 (two) members come from the elements of government ; and
b. 3 (three) members come from the elements of society.

(4) Members of the Selection Committee cannot be nominated as members of the Commission.
(5) The regulation concerning the composition of the Selection Committee, procedures for implementing the selection and election of prospective Commission members shall be further arranged by Presidential Decree.

Article 34

(1) The Selection Committee shall recommend to The President 42 (forty-two) candidates who have met the necessary requirements.
(2) President shall choose as many as 21 (twenty-one) out of the 42 (forty-two) candidates recommended and submitted by the Selection Committee.
(3) President shall submit the 21 (twenty-one) chosen candidates, as within the meaning of sub-article (2), to the House of Representative for approval.

Article 35

(1) The House of Representative shall give its approval within a period of no more than thirty days from the date upon which it received the submission of prospective Commission members.
(2) If The House of Representative does not approve of one or more of the candidates submitted by President, then The House of Representative is required to give a reasoned response within a period of no more than thirty days calculated from the date upon which it received the submission of prospective Commission members.
(3) If The House of Representative does not approve of a submitted candidate, as within the meaning of sub-article (2), then the President shall submit a replacement candidate as many as the disapproved candidates.
(4) The House of Representative is obliged to approve the replacement candidate, as within the meaning of sub-article (3), within a period of no more than thirty days from the date upon which the submission for the replacement candidate was made.

Article 36

(1) If The House of Representative approves of the submitted candidates then the President shall appoint prospective members of the Commission during a period of not more than 30 (thirty) days counted from the date that the agreement has been received by the President.
(2) The appointment and dismissal of Commission members, as within the meaning of sub- article (1), shall be done by means of a Presidential Decree.

Article 37

Members of the Commission shall be dismissed in the following cases:
a. upon death;
b. upon the conclusion of their duty;
c. upon own request;
d. if sickness, of mind or body, prevents the member from performing their function for a period of 30 (thirty) consecutive days;
e. if they have performed an act deemed dishonourable by the Commission Council which regards that such an act has tainted the status and reputation, or lessened the autonomy and credibility of the Commission; or
f. if they are convicted for a criminal offence;

Article 38

The Commission shall have 21 (twenty-one) members, including the following:
a.  Three (three) heads;
b. 9 (nine) members of the Investigation and Clarification Sub-Commission;
c. 5 (five) members of the compensation, restitution and rehabilitation sub- commission; and
d. 5 (Four) members of the Amnesty Consideration Sub- Commission.

Article 39

(1) The leadership of the Commission will consist of 1 (one) Chair and 2 (two) Vice-Chairs.
(2) The appointment of a Chairperson and Vice-Chairpersons will be determined by a Commission Council.

Article 40

(1) Prior to performing their tasks, Chairperson, Vice-Chairperson, and the members of the Commission are obliged to take an oath or affirmation  according to their own religions in the presence of the President.
(2) The Oath or promise as referred to in sub-article (1) is as follows:

"I honestly swear/affirm solemnly that in performing this task, whether directly or indirectly, using whatever name or any methods, I will not give or promise anything to anyone".

"I swear/affirm that I, in performing or not performing any part of my task, shall under no circumstance, directly or indirectly, accept a promise or anything from anyone".

"I swear/affirm that I will be loyal to, maintain, and apply the Pancasila as the foundation of the State, the 1945 Constitution, along with the laws and regulations of the Republic of Indonesia".

"I swear/affirm that I will always perform my task honestly, accurately and objectively without discrimination and with a high regard for professional ethics. I will perform my obligation justly and to the best of my ability as proper as the official that has a good character and honest to stand for law and justice ".

Article 41

Each Sub-Commission is to elect and appoint its own Chairperson and Vice-Chairperson.

Chapter VIII
Financing

Article 42

Source of finance for The Commission is obtained from:
a. State Budget
b. Other resources which are not against the laws.

Article 43

Financial resources to cover the compensation and/or rehabilitation, which are being burdened to the state, shall be burdened to the State Budget

Chapter X
Miscellaneous

Article 44

The case of gross violations of human right that has been resolved by the commission cannot be brought before The Ad Hoc Court of Human Rights.

Chapter IX
Closing Resolution

Article 45

(1) The Commission is to perform its function for a period of 5 (five) years counted from the date of the oath or affirmation as within the meaning of article 40 is declared, and the period may be lengthened by 2 (two) years.
(2) Regulations concerning the extension as referred to in sub-article (1) will be determined through a Presidential Decree or a Recommendation of the Commission.
(3) The establishment of The Commission as within the meaning of sub article (1) is to be established within a period no longer than 6 (six) months from the date upon which this law is enacted.

Article 46

This Law comes into force on the date upon which it is passed.

In order to make everyone acknowledges of this bill, this bill shall be published in the Republic of Indonesia State Gazette.

Approved in Jakarta
On October 6, 2004
By the President of the Republic of Indonesia
Signed
MEGAWATI SOEKARNOPUTRI

Passed into Law in Jakarta
On October 6, 2004
THE STATE SECRETARY OF THE REPUBLIC OF INDONESIA
Signed
BAMBANG KESOWO

STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2004 NO. 114

Explanation
of
Law of the Republic of Indonesia
Number27 Year 2004
on
The Truth and Reconciliation Commission

1. General

That Human Rights are fundamental rights inalienable, universal and enduring in nature and must therefore be respected, protected, maintained and may not be disregarded, curtailed or removed by anyone.

Gross violations of human rights that have been perpetrated prior to the implementation of Legislation Number 26 Year 2000 in respect of Human Rights Courts must be investigated in order to ascertain the truth and uphold justice and establish a culture that values human rights in order that reconciliation may be attained in the interests of national unity. Ascertaining the truth is also in the interests of the victims and/or the victims' immediate family in order to obtain compensation, restitution and/or rehabilitation.

In order to ascertain the truth about gross violations of human rights, it is necessary to take concrete steps by establishing the Truth and Reconciliation Commission as mandated under Article (Article) 47 sub-article (2) of Law Number 26 Year 2000 in respect of Human Rights Courts. Aside from the mandate in question, the establishment of the Truth and Reconciliation Commission is also based on People's Consultative Assembly Decree (TAP MPR) Number V/MPR/2000 in respect of the Improvement of National Unity that stipulates that the Truth and Reconciliation Commission must be established as an extra-judicial institution whose members and criteria for membership will be determined through legislation.

In addition to working towards upholding the truth by ascertaining gross violations of human rights that were perpetrated prior to the implementation of Legislation Number 26 Year 2000 in respect of Human Rights Courts, this Commission also implements reconciliation from the perspective of the mutual interest of the nation. Steps that will be taken are truth seeking, admitting wrongdoing, forgiving, peace, upholding the law, amnesty, rehabilitation or other alternatives that are of benefit to the upholding of the unity of the nation whilst paying attention to the feeling of justice amongst the people.

The Truth and Reconciliation Law is founded on the following considerations:
1. Gross violations of human rights, occurring before the enactment of the Law on Human Rights Court No. 26 of 2000, have up until now not been completely accounted for so that victims and/or their families have not yet received assurance concerning the background of the gross violations of human rights against them. In addition, not having received compensation, restitution and/or rehabilitation for the suffering, which they have experienced, indifference towards this responsibility has already resulted in the emergence of dissatisfaction, cynicism, apathy and a great mistrust, within the community, towards legal institutions, which believes that the state is giving immunity towards perpetrators.
2. It is urgent that cases of gross violations of human rights, occurring prior to the enactment of the Law on Human Rights Court No. 26 of 2000, be completely settled as the prevailing dissatisfaction and political tension cannot be permitted to drag on without certainty of resolution. If this situation continues to be disregarded then the authority of the law will be undermined in the eyes of the public, which will lead to the disintegration of the nation. It is the States' responsibility to solve this problem.

3. By ascertaining the truth about past gross violations of human rights perpetrated prior to the implementation of Legislation Number 26 Year 2000 in respect of Human Rights Courts, it is hoped that the Truth and Reconciliation Commission will succeed in attaining national reconciliation.

The Truth and Reconciliation Commission Law substantially differs from the resolutions contained within the Law on Human Rights Court No. 26 of 2000. The Truth and Reconciliation Commission Law does not regulate the processes of legal prosecution but is focused more on regulating the process of:

1. uncovering the truth;
2. award of compensation, restitution and rehabilitation to victims or their families who are the heirs of the victims.
3. considering amnesty.

It is hoped that these processes may open the path for reconciliation.

Based on the facts established by the Truth and Reconciliation Commission those responsible for the gross violation of human rights that were perpetrated  prior to the enactment of Law on Human Rights Court No. 26 of 2000, must be identified. If the perpetrator acknowledges guilt and acknowledges the truth of facts regarding a gross violation of human rights, expresses remorse for his/her actions and is prepared to apologize to the victim and/or the victims family, then he/she may submit a request for amnesty to the President. If the request has strong foundations, the President may accept the request and the victims must be awarded compensation and/or rehabilitation. If the request for amnesty is refused then compensation will not be awarded by the State and the case shall be settled based on the resolutions contained under the Law on Human Rights Court No. 26 of 2000
 

If the Truth and Reconciliation Commission makes a decision concerning a case of gross violations of human right, then the Court of Human Rights does not have the authority to decide the matter anew unless the President refuses a request for amnesty. This is true also in reverse in the case of gross violations of human rights that have been decided by the ad hoc human rights tribunal, whereupon the  Truth and Reconciliation Commission has no authority tomake a decision. Thus a decision by either the Truth and Reconciliation Commission or the Ad Hoc Human Rights court are final and binding.

The Truth and Reconciliation Commission is to be formed based on the following principles:
a. Autonomy;
b. Freedom and Independence;
c. Benefit
d. Justice;
e. Honesty;
f. Openness; and
g.  Peace.
h.  national unity

II. Article by Article

Article 1
Unambiguous.

Article 2
(a) What is meant by "Autonomy" is that the Commission, in performing its task, is not to be influenced by any other party or parties.
(b) What is meant by 'Freedom and Independence' is that the Commission, in performing its task to reveal a gross violation of human rights, bases it's findings on existing facts, and is not discriminative.
(c) Unambiguous.
(d) Unambiguous.
(e) Unambiguous.
(f) The principle of "Openness" means giving the right to society to obtain information that is true, honest and not discriminative concerning all matters in connection to gross violations of human rights whilst always protecting individual and group human rights as well as state secrets.
(g)  The principle of "Peace" is a principle in which the resolution of conflict as a result of gross violations of human right is done based on agreement of the parties involved to resolve the conflict peacefully, for example the victim forgives the perpetrator and the perpetrator gives restitution to the victim.
(h) Unambiguous

Article 3
Unambiguous.

Article 4
Unambiguous

Article 5
A "public institutional function" means a function to provide service and protection to the community by being given the authority to establish and express the truth concerning the gross violation of human rights, which is to be based on the national interest for unity and wholeness of the united Republic of Indonesia.

Article 6
(a) A heirs means members of the victim's family, including wife, or husband, parent, grandmother, or grandfather, children, and grandson.
(b) "Investigation" is the act of seeking, gathering documents/evidence that are necessary and verifying the truth of facts that have been stated by the perpetrator, but do not required examination as in a pro-justicia case as referred to under the Criminal Code.
(c) Unambiguous
(d) Unambiguous
(e) Unambiguous

Article 7
Sub-article (1)
(a) Unambiguous.
(b) Unambiguous
(c) "Official documents" include documents that have been obtained legally in accordance with the law. "Other organizations" means private organizations or international organizations.
(d) Unambiguous
(e) Unambiguous
(f) Unambiguous
(g) Unambiguous

Sub-article (2)
The use of force is necessary in the case where the Government or the perpetrator do not carry out the decision of the Commission.

Sub-article (3)
Unambiguous.

Article 8
Unambiguous.

Article 9
Unambiguous

Article 10
Unambiguous

Article 11
Unambiguous

Article 12
Unambiguous

Article 13
Unambiguous

Article 14
Unambiguous

Article 15
Sub-article (1)
Secretariat of the Commission is composed of Civil Servants
Sub-article (2)
Unambiguous
Sub-article (3)
Unambiguous
Sub-article (4)
Unambiguous

Article 16
Unambiguous

Article 17
Unambiguous

Article 18
Unambiguous

Article 19
Unambiguous

Article 20
Unambiguous

Article 21
Unambiguous

Article 22
Acknowledges that the reward of amnesty remains a prerogative of the President so that Commission may only make recommendations on the matter. The reward or refusal of amnesty comes under the complete authority of the President.

Article 23
Unambiguous.

Article 24
Unambiguous

Article 25
Unambiguous

Article 26
Unambiguous

Article 27
Unambiguous

Article 28

Sub-article (1)
Unambiguous

Sub-article (2)
Unambiguous

Sub-article (3)
The obligation to make expressions of reconciliation in the form of written agreements ensures that in the future parties are prevented from denying the existence of such reconciliation.

Article 29
Unambiguous

Article 30
The obligation to submit reports concerning the Sub-Commissions activities has the purpose of allowing these activities to be constantly monitored and evaluated.

Article 31
Unambiguous

Article 32
Unambiguous.

Article 33
Sub-article (1)
Unambiguous

Sub-article (2)
Unambiguous.

Sub-article (3)
Unambiguous.

Sub-article (4)
"Commission members" includes the Chairperson and Vice-Chairpersons.

Sub-article (5)
Unambiguous.

Article 34
Sub-article (1)
Unambiguous.

Sub-article (2)
Unambiguous.

Sub-article (3)
What is meant by the resolution in this sub-article is that in establishing the membership for the Commission, the Legislative Assembly is only required to give its approval to candidates submitted by the President. No reselection is required, as the candidates have already been chosen based on the criteria established under this Law.

Article 35
Sub-article (1)
The time limit set out in this sub-article in order to make certain when the Legislative Assembly is to give its approval of candidate members for the Commission, which have been submitted by the President.

Sub-article (2)
Unambiguous.

Sub-article (3)
The replacement candidate is taken from a number of candidates that haven't been submitted by the President.

Sub-article (4)
The resolution contained in this sub-article is intended to ensure that the Legislative Assembly has a limited amount of time to give its approval of candidate members for the Commission.

Article 36
Unambiguous

Article 37
Unambiguous.

Article 38
Unambiguous

Article 39
Unambiguous.

Article 40
Unambiguous

Article 41
Unambiguous

Article 42
 (a) Unambiguous

(b) "Other resources, which are not against the law" means for example donation from public.

Article 43
Unambiguous.

Article 44
Unambiguous

Article 45
Unambiguous

Article 46
Unambiguous

ADDITIONAL STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2004 NO. 4429