Country: INDONESIA. Initiation Plan

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1 United Nations Development Programme Country: INDONESIA Initiation Plan Project Title: Expected CP Outcome(s): (Those that are linked to the project and extracted from the CPAP) Initiation Plan Start Date: 21 August 2017 Initiation Plan End Date: 31 August 2018 Implementing Partners: Improving Restorative Justice through Integration (IRJI) Outcome #4: By 2020, disadvantaged populations benefit from enhanced access to justice and more responsive, inclusive and accountable public institutions that enjoy public trust. UNDP Brief Description Despite some notable achievements in the area of access to justice and rule of law, the need of further reforms remains, particularly in terms of restorative justice system. Although the Government of Indonesia has declared the establishment of an integrated juvenile justice system as one of the national priorities in the National Medium Term Development Plan , some challenges remain such as: the number of juvenile crime perpetrators has increased in the last five years ( ), the juvenile detention and rehabilitation facilities remain largely insufficient, the restorative justice approach is not properly implemented in the juvenile justice system, and the implementation of Law No.11/2012 on Juvenile Criminal Justice System Act (JCJSA) still needs major improvements, particularly on the restorative justice. Responding to the those challenges, UNDP Indonesia in partnership with the Danish Embassy in Indonesia will implement a project called Improving Restorative Justice through Integration or the IRJI project. the project s overarching goal is to contribute to increase capacity, coordination, coherence, effectiveness and efficiency of the restorative justice system in Indonesia. The project will aim at laying a solid foundation for further interventions in the area of juvenile justice system in Indonesia, working on two components: Advocacy/ Policy Engagement and Capacity Strengthening through Piloting. The PIP is expected to produce viable prototypes through piloting of these programmatic initiatives. The PIP will document the results achieved and experience gained for replication and scaling up in Indonesia. Total resources required USD 484,458 Programme Period: Total CP Programme allocated resources: Component: USD 484,458 #4 Enhanced Regular (TRAC) access to justice Other: and more o Danish Government responsive USD 484,458 Unfunded budget: inclusive and accountable public institutions Atlas Award ID: PAC Meeting Date XXXXXXXX XXXXXX Agreed by UNDP: Christophe Bahuet

2 I. PURPOSE Strengthening the rule of law and the justice system is central to the consolidation of democracy and stability in Indonesia. While the country has made strides over the last two decades, its justice sector remains in need of further reforms. UNDP has implemented several projects that are specifically aimed to support the Government of Indonesia in strengthening the capacity to consolidate the justice sector, such as the Strengthening Access to Justice in Indonesia (SAJI) project and the Support for Justice Sector Reform in Indonesia (SUSTAIN) project. The SAJI project seeks to improve the access and the delivery of justice especially to the poor, women and diffable groups of the communities, while the SUSTAIN project is aimed to enhance public trust in the judicial system through support to the Government of Indonesia in strengthening the rule of law. The specific objective of the SUSTAIN project is to increase the transparency, integrity and accountability of the judiciary and the quality of justice services delivered to the people. Despite some notable achievements in the area of access to justice and rule of law, the need of further reforms remains, particularly in terms of restorative justice system. Although the Government of Indonesia has declared the establishment of an integrated juvenile justice system as one of the national priorities in the National Medium Term Development Plan , some challenges remain such as: the number of juvenile crime perpetrators has increased in the last five years ( ), the juvenile detention and rehabilitation facilities remain largely insufficient, the restorative justice approach is not properly implemented in the juvenile justice system, and the implementation of Law No.11/2012 on Juvenile Criminal Justice System Act (JCJSA) still needs major improvements, particularly on the restorative justice. Responding to the those challenges, UNDP will implement a project called Improving Restorative Justice through Integration or the IRJI project. The project s overarching goal is to contribute to increase capacity, coordination, coherence, effectiveness and efficiency of the restorative justice system in Indonesia. The project will aim at laying a solid foundation for further interventions in the area of juvenile justice system in Indonesia, working on two components: Advocacy/ Policy Engagement and Capacity Strengthening through Piloting. This project will be implemented as a partnership between the Danish Royal Embassy in Indonesia and the United Nations Development Programme (UNDP). It will in particular build on the extensive experience that UNDP has gained to support governance and rule of law in Indonesia, including through an ongoing project funded by the European Union which is titled Support to the Justice Sector Reform in Indonesia (SUSTAIN), implemented with the Supreme Court. To develop synergies with ongoing initiatives, and as SUSTAIN focuses on the judiciary sector, this project will mainly focus on the other three institutions, namely the Police, the Prosecutors and the Rehabilitation Centers. The objective is to improve justice for the juvenile by supporting the implementation of the restorative justice system, covering all its stages - from investigation to rehabilitation This Project Initiation Plan (PIP) is intended to continue UNDP s engagement in supporting the Government in the area of access to justice and rule of law. 2

3 II. SITUATION ANALYSIS The Government of Indonesia has declared the establishment of an integrated juvenile justice system 1 as one of the national priorities in the National Medium Term Development Plan This is due to the following reasons: 1. The number of juvenile crime perpetrators has increased in the last five years ( ). According to the Indonesian Commission for Child Protection (Komisi Perlindungan Anak Indonesia/ KPAI), the number of cases per year has significantly increased from 272 cases in 2011 to 948 cases in 2014, although the number declined again to 502 cases in 2015 and 307 cases in Moreover, most of those juvenile cases ended up in court and were given criminal punishment. It shows that punitive approach is still becoming the priority option in settling the juvenile criminal cases. 2. The juvenile detention and rehabilitation facilities remain largely insufficient. Despite the fact that every province should have established the Juvenile Rehabilitation Agency (Lembaga Pembinaan Khusus Anak/ LPKA), and every district should have developed the Juvenile Temporary Placement Agency (Lembaga Penempatan Anak Sementara/ LPKS), the number of existing facilities remain largely insufficient. Consequently, juveniles are often incarcerated with adult offenders when they face criminal charges. As juveniles, the interaction with adult offenders makes them susceptible to negative influences in the detention/ rehabilitation centers, including radicalization and extreme ideology. 3. The restorative justice approach is not properly implemented in the juvenile justice system. Restorative justice is the range of policies and regulations that prioritize the redemption of juvenile perpetrators thus promoting alternative solutions to incarceration and focusing on restoration of appropriate attitudes. The restorative justice approach is part of the Child Criminal Justice System in Indonesia as stipulated in Law No.11/2012 on Juvenile Criminal 1 The juvenile justice system consists of four main institutions that must work together in an integrated manner: Police Department, Prosecutor Office, Judiciary and Rehabilitation Office. Those four sub-systems must work as an integrated system because they are interdependent and consequently, the output of each sub system will become the input for the other sub-systems. 2 The data on juvenile in conflict with law is obtained from the Indonesian Commission for Child Protection (Komisi Perlindungan Anak Indonesia/ KPAI ( 3

4 Justice System Act (JCJSA). JCJSA mandates three opportunities for juveniles to obtain a restorative settlement: at the investigation stage, the prosecution stage, and the adjudication stage. Each stage has respective facilitators: police officer, prosecutor and judge. Moreover, the presence of rehabilitation officers (BAPAS) in every stage is also mandatory by law. In the implementation, each agency tends to work individually and in many cases, it is not always in accordance with the law. For instance, it was observed that there are children being detained or imprisoned with adults, without separate room or block The implementation of Law No.11/2012 on Juvenile Criminal Justice System Act (JCJSA) still needs major improvements, particularly on the restorative justice. Although the Law No.11/2012 has been enacted for about five years, it is not yet smoothly implemented due to: a. Lack of operational policies and procedures. The law mandated the Government of Indonesia to issue 8 (eight) operational regulations in the form of Government Regulation (Peraturan Pemerintah) and Presidential Regulation (Peraturan Presiden). However, only four have been issued thus far. For instance, although the law makes law enforcement agencies coordination an obligation, the lack of operational policies and procedures has an impact on the cooperation between those institutions. b. Lack of capacity for proper implementation. Restorative justice calls for the intervention of qualified facilitators. Currently, only four percent law enforcement officials, from the total of , have already gone through the integrated restorative justice training (Puskapa-UI, 2016). On the other hand, capacity development has been mostly provided to judges and not been directed yet at police officers, prosecutors and rehabilitation workers, despite the fact that those have a crucial role to play. Consequently, police, prosecutors and rehabilitation officers lack such trained specialists. Therefore, these institutions tend to focus more on punitive justice, instead of restorative justice for juveniles. With more training and proper impetus from the leadership, the police, prosecutors and rehabilitation officers would certainly have a different attitude and be proactive towards restorative justice for juvenile offenders. c. Lack of institutional cooperation. Even though required by law, an integrated and coordinated modus operandi between the four institutions involved in restorative justice is not in place yet. An integrated restorative justice system should start from the investigation stage (Police), followed by the prosecution stage (Prosecutors), continued by the adjudication stage (Judges) and completed in the rehabilitation stage (BAPAS). For those four stages to be carried out in an integrated manner, an information-sharing system is required and such system is currently not available. III. EXPECTED OUTPUTS This PIP will produce two outputs, as the followings: Output 1: Strengthened Advocacy and Policy Engagement on Restorative Justice System In the absence of implementing regulations, the issue of political will from the designated institutions is an important issue to address. In order to secure the endorsement from the designated institutions, there is firstly a need for an MOU between the leadership at the national level, which will then result in policies that will govern the coordination and integration/collaboration among them. However, the availability of an MOU is certainly far from sufficient, if not equipped with a detailed Standard Operating Procedure (SOP). This SOP will serve as common guidance in the implementation of policies agreed through the MOU. 3 Center on Child Protection and Wellbeing University of Indonesia (Pusat Kajian Perlindungan Anak/ Puskapa UI) in Indonesia/ 4

5 The SUSTAIN project has already initiated to draft the MOU and the SOP at the sub-national level, which will be piloted in its target areas. Accordingly, the IRJI project will capitalize on the initial works by the SUSTAIN project at the sub-national level. This project will strengthen the advocacy and buy-in at the national level so that the national level MOU and the SOP could be issued within the project timeframe. The national-level MOU and SOP will open possibilities for nation-wide implementation of restorative justice, beyond the pilot areas. This will help pave the way for more systemic and sustainable improvements with regards to restorative justice in Indonesia. On the other hand, as part of the advocacy efforts to develop the MOU and SOP, the IRJI project will establish a dedicated national team which will serve as a multi-stakeholder platform that will regularly meet and discuss the current progress on restorative justice, as well as taking follow-up actions on any emerging issues and challenges. In a one year time frame, it is expected that the Output 1 of this project will have achieved the following results: ACTIVITY RESULTS 1.1: MEMORANDUM OF UNDERSTANDING (MOU) IS SIGNED AND IMPLEMENTED. Without proper operational regulations for coordination and integration, the policy gap at least, can be filled by a Memorandum of Understanding (MOU) at the national level, which will serve as the formal basis for cooperation, collaboration and integration among the Police, the Prosecutor Office, the Judiciary and the Rehabilitation Center, in implementing the restorative justice system. The availability of a national level MOU, which is agreed at least by the Echelon 1 level, will rectify the implementation of restorative justice on the ground. Baseline: Sub-national level MOU is available for piloting purposes. Target/ Indicators of success: Memorandum of Understanding (MOU) at the national level is signed and implemented. ACTIVITY RESULTS 1.2: STANDARD OPERATING PROCEDURE (SOP) IS AGREED AND UTILIZED. A detailed and comprehensive SOP will become an integral part of the signed MOU and will serve as common guidance in the implementation. The SOP will describe the roles and responsibilities of each institution in every stage of the restorative justice system. It will also provide detailed procedures on the mechanism of collaboration among the designated institutions, including the information-sharing mechanism. The IRJI project will ensure that the SOP is commonly formulated and agreed through active involvement of all stakeholders, including civil societies. Baseline: Sub-national level SOP is available for piloting purposes only. Target/ Indicators of success: Standard Operating Procedure (SOP) is agreed and utilized. ACTIVITY RESULTS 1.3: NATIONAL TEAM ON RESTORATIVE JUSTICE IS ESTABLISHED AND WELL-FUNCTIONED. The National Team is a multi-stakeholder task force that will serve as a convenor and connector among the designated institutions and the relevant stakeholders. The National Team will also serve as the platform for advocacy and policy engagement on the issue of restorative justice, and will facilitate further and wider cooperation and collaboration in the area of restorative justice. The composition of the National Team will consist of: Supreme Court Prosecutor Office Police Rehabilitation Center (BAPAS) Ministry of Law and Human Rights Ministry of Women Empowerment and Child Protection Civil societies Baseline: National Team is not established yet. Target/ Indicators of success: National Team is established and operational. 5

6 Output 2: Strengthened Capacity on Restorative Justice System in Pilot Areas The capacity of the designated institutions in implementing the restorative justice system is still relatively weak although the Law No.11/2012 on Juvenile Criminal Justice System had been issued about five years ago. Due to lack of qualified facilitators on restorative justice, most juvenile crime cases still ended up using the punitive justice approach. On the other hand, capacity development support was mostly provided to the Judges, while the Police and the Prosecutors (as the front-liners of restorative justice) are receiving marginal interventions in terms of capacity development. Moreover, most of the trainings and workshops were conducted separately by each institution, without involving other designated institutions. The Ministry of Law and Human Rights actually has made an excellent intervention by developing the training modules on the integrated juvenile justice system, as mandated by the Presidential Regulation No. 175/2014. Nevertheless, based on the lessons learned during the implementation over the last two years, some refinements are still required. The existing training modules have already covered the basic concepts and approaches pertaining to the restorative justice system, but still lack coverage of the roles and responsibilities of each institution and how they can work together in an integrated manner. In other words, the important points of the SOP need to be included in the integrated training modules. This output will focus on three aspects of capacity strengthening: refinement of integrated training modules, provision of a series of integrated trainings to designated institutions and piloting exercise in two target areas. Accordingly, it is expected that the Output 2 will have achieved the following results within a one-year time frame: ACTIVITY RESULTS 2.1: INTEGRATED TRAINING MODULES ON RESTORATIVE JUSTICE SYSTEM IS ENHANCED. The IRJI project will enhance and refine the existing training modules which was initially developed by the Ministry of Law and Human Rights. The enhancement will be focused on the roles and responsibilities of each designated institution, and the collaboration mechanism among them within an integrated framework. Baseline: Training modules are already available but needs refinements and modifications. Target/ Indicators of success: Integrated Training Modules is refined and utilized in pilot areas. ACTIVITY RESULTS 2.2: ENHANCED KNOWLEDGE AND CAPACITY OF OFFICIALS THROUGH INTEGRATED TRAININGS. Utilizing the enhanced training modules, a series of integrated trainings will be conducted by this project in pilot areas. Unlike previous trainings which were mostly conducted by each institution separately, the integrated trainings will be jointly participated by representatives from the Police, the Prosecutor Office, the Judiciary and the Rehabilitation Center. By doing this, the trainings will not only provide capacity and knowledge on their respective roles and responsibilities, but also provide a comprehensive understanding on how the integrated restorative justice system works. Baseline: Trainings were mostly for Judges but very lacking for the other three institutions. Target/ Indicators of success: A series of integrated training are conducted in pilot areas. ACTIVITY RESULTS 2.3: INTEGRATED RESTORATIVE JUSTICE IS PILOTED IN TARGET AREAS. After receiving the integrated training, it is essential for the designated institutions to ensure effective implementation on the ground. Therefore, the integrated restorative justice system will be piloted in 2 (two) target areas that will help relevant stakeholders better comprehend the restorative justice; review strengths, weaknesses and opportunities as well as to identify needs that need to be met in order to build strategic partnership among all relevant stakeholders. As much as possible, the selection of pilot areas will be aligned with SUSTAIN s pilot areas on juvenile court model so that more comprehensive results will be achieved. Through piloting in selected target areas, a comprehensive report including best practice and lessons learned from 6

7 the pilot initiatives will be produced and shared with stakeholders, as part of the input for policy formulation to improve the restorative justice system in Indonesia. Baseline: Piloting of Juvenile Court Model (not the integrated restorative justice system) is conducted by the SUSTAIN project in 5 (five) target areas. Target/ Indicators of success: Integrated restorative justice system is operational in pilot areas. ACTIVITY RESULTS 2.4: INFORMATION-SHARING PLATFORM IS ESTABLISHED IN PILOT AREAS. Considering the project s time frame (only one year), the IRJI project will only focus on laying a solid foundation for a more comprehensive data platform in the future. The project will initiate the development of an information-sharing platform on diversion cases among the designated institutions in pilot areas. The information-sharing platform is expected to become the foundation for a more complex case management system on restorative justice. The information-sharing platform will pursue data openness and transparency among law enforcement officials within the integrated restorative justice system. Baseline: Information and database is still separated and inaccessible among the designated institutions. Target/ Indicators of success: Information-sharing platform is up and running in pilot areas. IV. MANAGEMENT ARRANGEMENTS AND FINANCING MECHANISM Under this PIP, UNDP will be responsible mainly to implement all necessary activities to deliver the abovementioned results. A simplified version of the Project Board (PB) will be set up at the national level and will involve UNDP CD/DCD as the executives as well as DGPRU as the senior supplier. National level counterparts (Police, Prosecutor, Judge, Rehabilitation Center) will be involved as senior beneficiaries and will be consulted from time to time to inform the board about the program priorities and strategies. UNDP will set up a Project Management Unit (PMU) under DGPRU to implement the project activities and oversee relevant activities. Senior advisory and technical specialists, both national and international, may be hired to ensure high quality of programmatic and technical work as required. Project Board Senior Beneficiaries: Police, Prosecutor, Judge, Rehabilitation Center UNDP CD/DCD (Executive) Senior Supplier: UNDP OPERATIONS Programme Assurance: DGPRU National Project Manager Technical Officer Admin Finance Assistant Implementation and financial arrangement This PIP will be directly implemented by UNDP through direct implementation (DIM) mechanism. Therefore, UNDP DIM rules and regulations in procurement of goods and services as well as in financial management will apply. 7

8 V. MONITORING The PIP will apply the regular monitoring and reporting framework established in UNDP. The progress of the PIP will be monitored regularly using the QMR (quarterly monitoring matrix). The project manager will be responsible to produce the QMR, which will then be reviewed by the Project Assurance Team at UNDP DGPRU, before the report is submitted to the CD/DCD as the executive of the Project Board. The QMR will become the basis to develop the regular Donor Report. Project Board meetings will be organized regularly with CD/DCD as the Board executive to review the progress for each quarter. A progress report shall be prepared by the National Project Manager with the support of the Project Assurance Team by the end of the initiation phase, which will be submitted to CD/DCD. The monitoring activities described above will use all UNDP format as appropriate. 8

9 VI. ANNUAL WORK PLAN Year: EXPECTED OUTPUTS And baseline, indicators including annual targets Output 1: Strengthened Advocacy and Policy Engagement on Restorative Justice System Baseline: MOU, SOP and the National Team is not yet available Indicators: Document of MOU, SOP and National Team Targets: MOU and SOP are finalized and approved; National Team is established and running PLANNED ACTIVITIES List activity results and associated actions Activity Results 1.1: Memorandum of Understanding (MOU) is signed and implemented. Series of FGD to draft MOU Workshop to finalize MOU Meeting for the signing of MOU Activity Results 1.2: Standard Operating Procedure (SOP) is Agreed and Utilized Series of FGD to draft SOP. Workshop to finalize SOP. Workshop to disseminate SOP. TIMEFRAME PLANNED BUDGET Q3 Q4 Q1 Q2 RESPONSIBLE PARTY Funding Source Budget Description Amount X X UNDP Danish Government Meetings 15,000 X X UNDP Danish Government Meetings 25,000

10 Activity Results 1.3: National Team on Restorative Justice is Established and Well-functioned X X X X UNDP Danish Government Meetings 35,000 Series of FGD to establish National Team Workshop for the National Team Output 2: Strengthened Capacity on Restorative Justice System in Pilot Areas Baseline: Integrated Training Modules on Restorative Justice is available but need refinements; Integrated training is not available in target areas; Integrated Restorative Justice System is not yet applied in target areas; Information-sharing platform is not yet available in target areas; Full Project Document is not yet formulated Indicators: Enhanced training modules; Number of Officials trained; Document on Results of Piloting; Document on informationsharing platform; Full Project Document Targets: Integrated Training Modules are finalized and approved; Officials trained on integrated training; Piloting of restorative justice system in 2 target areas; Information-sharing platform Series of Regular Meeting for the National Team Activity Results 2.1: Integrated Training Modules on Restorative Justice System is Enhanced Recruitment of consultant Series of FGD to enhance training modules Workshop to finalize training modules Activity Results 2.2: Enhanced Knowledge and Capacity of Officials through Integrated Training Recruitment of consultant Series of integrated training in target areas Monitoring Travel and Programme Support X X X UNDP Danish Government Contractual service individual Consultancies Meetings X X X UNDP Danish Government Contractual service individual Consultancies Meetings 20, ,000 10

11 established; Full Project Document formulated. Activity Results 2.3: Integrated Restorative Justice is Piloted in Target Areas Recruitment of consultant Piloting of integrated restorative justice model in target areas X X UNDP Danish Government Contractual service individual Consultancies Meetings 145,000 Monitoring travel and Programme Support Activity Results 2.4: Information-sharing Platform is Established in Pilot Areas Recruitment of consultant Series of FGD to establish information-sharing platform X X UNDP Danish Government Contractual service individual Consultancies Meetings 84,313 Workshop on Information-sharing platform Action 4: Monitoring travel and Programme Support Action 5: Formulation of Full Project Document TRAC 10,000 General Management Services (GMS) 8% 35,145 TOTAL (managed by UNDP) 484,458 11

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