What does participation mean? Like most other words, there are various interpretations. Yappika, a partner of USAID MAJu focused on the creation of a democratic civil society, found a different interpretation when working with the Ombudsman of the Republic of Indonesia. It took time and patience on both sides to overcome their differences in perception so that they could achieve their common goals. (Photo: Resa Esnir)
In the early days of the collaboration aimed at developing guidelines for community participation, the Ombudsman of the Republic of Indonesia saw participation as an effort to disseminate information, while Yappika interpreted it as involving the community in policy formulation. The differences between the two sides were real but in the end both agreed to come together by agreeing on a on a common perception of participation, namely a process space in which citizens can play a role in decision-making.(Photo: Resa Esnir)
“We succeeded in compiling the guidelines for community participation in the prevention of maladministration of public services within the Indonesian Ombudsman Commission,” recalled Riza Imaduddin Abdali, Yappika’s program officer for MAJu. The entire process that about a year. After being issued as guidelines, they were subsequently further confirmed by RI Ombudsman Commission Regulation No. 41/2019 on Procedures for Preventing Maladministration in the Implementation of Public Services. “Finally, the correct perspective was agreed on, namely, community involvement in the decision-making process,” said Riza.
In Tasikmalaya, DPC Peradi and Lakpesdam NU assisted the Ahmadi community in forging a collaboration with village officials, creating an inclusive environment for members of the Indonesian Ahmadi Congregation (JAI) for such practical purposes as marriage registration. Ahmadi residents of Kersamaju, assisted by DPC Peradi, were unable to register their marriages as they had to first sign a statement disavowing their membership of JAI. Since June 2020, this is no longer the case and they are now registered as Muslims according to their ID Cards and Family Registration Cards. This means the Ahmadi community has now been formally accepted. (Photo: Yappika/ Riza Imaduddin Abdali (left))
(Photo: Peradi Tasikmalaya/Andi Ibn Hadi)
For the Sake of Family Wellbeing: Emanuel Gobay, Director of LBH Papua – In our experience, the police refuse to accept complaints of domestic violence or cases of adultery if there is no marriage certificate. When this happens, the husband can get the impression that he is immune from legal action and continue to beat his wife. Marriage certificates are also necessary for children’s education and inheritance for children whose parents are civil servants. For men who are polygamous, the children of the second wife who do not have a marriage certificate are not protected. We are not legalizing polygamy, but our goal is to protect the second wives and children from neglect. We explain this to everyone, not just the Population Administration Agency (Dukcapil) and the police, but also traditional elders and community leaders. Of course, they accept this because it is based on good intentions. (Photo: Peradi’s Activities with Lakpesdam NU)
“The process was a long one,” said Andi Ibnu Hadi, Chairman of DPC Peradi Tasikmalaya, recalling their work in Kersamaju Village, which began with casual chats with the village head, who gradually identified those who opposed the Ahmadis and were not tolerant of their presence. “We studied the relationship among village officials and in the community and used these as the basis for cooperation so as to create a new atmosphere,” explained Andi. DPC Peradi Tasikmalaya finally persuaded some village officials to participate in discussions held under the auspices of the MAJu program. The outcome was that the village leaders were successfully persuaded to work for social inclusion, including the publishing circulars prohibiting the persecution of JAI members.
On the other hand, DPC Peradi Tasikmalaya also needed to persuade JAI to be more open. “They had a lot of distrust about NGOs because NGOs had interfered in the past but the Ahmadis still never got their ID cards,” said Andi. Meanwhile, the county and village governments tended to cave into the demands of vociferous or majority groups in order to maintain peace and security. Due to this, JAI members tended to shut themselves off from the law, despite many incidences of discrimination they experienced. (Photo: Peradi meetings with Lakpesdam NU)
(Photo: Peradi meetings with Lakpesdam NU)
A series of meetings eventually brought about a shift in the Ahmadi community, who eventually came to see the law as providing a way to stop discrimination. “Take, for example, the JAI residents in Kersamaju, whose marriages were not registered by the State. Previously, there was a lack of will to take the litigation route. However, their awareness increased and eventually they were willing to try this route,” explained Diana Setiadi, a JAI paralegal who received training from DPC Peradi Tasikmalaya and MAJu. Meanwhile in Tenjowaringin village, JAI residents developed a close collaboration with the village government, local police, county police, Kesbangpol, and Tasikmalaya County officials.
(Photo: Peradi advocacy work with Lakpesdam NU)
(Photo: Peradi meetings with Lakpesdam NU)
Lessons learned from DPC Peradi Tasikmalaya’s work in forging cooperation with participants are being replicated by LBH Papua with respect to marriage certificates. To date, customary or tribal marriages are not recognized by the government and the local Population Administration Agency (Dukcapil) cannot issue marriage certificates. “In traditional marriages, there are no written records. It is performed orally, in the presence of witnesses,” explained Emanuel Gobay, director of LBH Papua. The recognition of customary marriages is hampered solely by the lack of written records. (Photo: Peradi meetings with Lakpesdam NU)
Now LBH Papua is collaborating with tribal elders and local community leaders by applying principles from the Ministry of Agrarian Affairs and Spatial Planning and National Land Agency (BPN) to land certificates. “Upon the issuance of a tribal land relinquishment declaration by the tribal council or tribal chief, the ministry will measure it so that a freehold certificate can be issued. This is our inspiration,” said Emanuel. In principle, he added, the Dukcapil office is ready to accept customary marriage registrations provided there is something more than oral evidence as the basis for the issuance of a marriage certificate.
“This will add a new element in traditional institutions. But, in reality, it has been done already through tribal land relinquishment declaration process, which previously did not exist,” Emanuel explained. By issuing letters as evidence for tribal marriages, traditional institutions are helping to foster wellbeing in the home, rather than simply witnessing marriages and divorces. Working together with MAJu, which is supported by USAID, this year LBH Papua embarked on the second stage of the collaboration following a series of discussions with traditional elders and government figures in 2020.
Opening New Areas for Collaboration – USAID’s five years of support for the MAJu program prove that efforts to maintain networks also spur collaboration in new areas. The collaboration between Yappika and the Ombudsman of the Republic of Indonesia that led to the issuance of the Ombudsman’s Regulation was initiated following a MAJu-led discussion attended by various stakeholders. Meanwhile, within the MAJu program itself, collaboration was established between various partners like Yappika and GWL-INA for the monitoring of health services.
In 2018, GWL-INA carried out its own monitoring in Greater Jakarta. The tools used by GWL-INA, according to Yappika, were inadequate to meet the needs of communities with differing gender and sexual orientations. GWL-INA’s peer leaders received assistance from Yappika to develop new tools to monitor health services. “We continue to use these two-directional tools to this day. They not only monitor the provision of health services but also their take-up by the beneficiary communities,” said Irfani Nugraha from GWL-INA. (Photo: Yappika)
Overseen by MAJu, GWL-INA and Perkumpulan Suara Kita also collaborated with various legal aid organizations to help with cases. Stigmatization and discrimination affect legal cases involving people of different gender and sexual orientations, leading to them remaining unresolved as members of these communities are frequently reluctant to reveal their true identities or orientations in public or in front of law enforcement officials. They then become apathetic about legally pursuing their basic rights as they are afraid of suffering further stigmatization.
The assistance provided by LBHs with legal and gender equality perspectives, such as LBH Masyarakat and LBH APIK Jakarta, has succeeded in raising the confidence of this community in the legal process. “Trans women have always been afraid of dealing with the police or appearing before a judge. So we build up their confidence, and are greatly helped by our partners who work in the legal field,” said Bambang Prayudi, who witnessed a court trial for the first time while working together with a legal aid office. (Photo: MAJu)
Not all legal aid offices (LAOs) are willing to provide assistance to people with different gender and sexual orientations, as has been the experience of GWL-INA. Unfortunately, there continue to be LAOs that will not touch cases involving members of these communities. “It’s not a matter of their affiliation with donors or religious institutions, but rather a matter of the values they adhere to as organizations,” said Irfani Nugraha, mentioning an LAO in Bekasi refusing to provide assistance in cases involving sexual and gender equality. (Photo: MAJu)
The establishment of the USAID-supported MAJu collaboration node resulted in a serious concerted effort being made to unify perceptions and actions under the MAJu umbrella. “Based on the experience of partners, collaboration between stakeholders has the potential to not only reduce stigma, but also open up new areas or new channels for advocacy. For example, GWL-INA’s collaboration with Yappika opened up the way for advocacy to the Ombudsman,” explained Chief of Party for MAJu Renata Arianingtyas. (Photo: Resa Esnir)
Taking as their point of departure their collaboration for monitoring health services, Yappika and GWL-INA then moved on to advocate for the issue of children with HIV alongside LBH Masyarakat, also a MAJu partner, and Lentera Anak Pelangi. The collaboration led to the reporting of a case of suspected maladministration in the provision of ARV drugs for children to the Ombudsman of the Republic of Indonesia, although it was eventually rejected. “But the network that was developed is, in my opinion, amazingly good. We complement each other and also network easily,” said Riza Imaduddin Abdali. Now, they are working together to prepare a policy brief for the Ministry of SOEs so that state companies can produce ARV drugs specifically for children, because the ARVs currently available in Indonesia are not child friendly. (Photo: MAJu)
(Photo: Antiek Firdausi Putri)
Meanwhile, the experience of LBH Semarang in assisting the congregation of the Indonesian Baptist Church (GBI) Tlogosari in Semarang highlights the benefits of an indirect collaboration pattern for religious minority issues, especially in cases involving opposition to church construction. It took GBI more than 20 years to have their church built even though they received a building permit in 1998. Finally, on Saturday, 24 October 2020, the GBI Tlogosari congregation were able to start work on the construction of their church following a joint prayer meeting titled “Saving the Nation,” which was attended by representatives of the government and the community. (Photo: MAJu)
Opposition to the construction of the church sparked widespread mutual suspicion. As a consequence, the church pastor needed some time before making the decision to approach LBH Semarang. As part of their assistance, LBH Semarang and their network members established the Interfaith Brotherhood (PELITA) community, which became the prime mover advocating on behalf of GBI. “Several network members, including LBH Semarang, decided that a special forum was needed that could respond to outbreaks of intolerance in Semarang. Since then, PELITA has expanded its reach so that it is not only confined to Semarang,” explained Eti Oktaviani, director of LBH Semarang.
The PELITA community consists of religious leaders, community elders, and individuals committed to the protection of freedom of religion and belief. This makeup made PELITA more readily acceptable to the local government and Religious Harmony Forum. “This is because the members of PELITA had never gone head-to-head with the local government, unlike LBH Semarang, which had to frequently face off with them. So, using this approach, LBH Semarang plays the role of a think tank and avoids the limelight,” explained Eti. This pattern of indirect collaboration helped reduce the potential for unproductive confrontation. (Photo: LBH Semarang)
Champions as Bridges – Undeniably individuals committed to legal equality have an important role to play in forging collaboration between MAJu partners on one side and government and quasi-government institutions on the other. They are champions who play an inestimable role in promoting collaboration. Through one of their partners, for example, Suara Kita was introduced to the Director General of Population and Civil Registry Administration Prof. Zudan Arif Fakrulloh. “It really was a boon to meet with this government official, who from the outset were very open and immediately willing to help,” recalled Bambang Prayudi. Thanks to his help, a number of Suara Kita community members were finally able to get ID cards, representing a tangible manifestation of the state’s recognition of transgender people. The highlight of the process was the issuance of a Minister of Home Affairs Circular on the procedures for the provision of electronic ID cards to transgender people. (Photo: Dhana Kencana)
(Photo: Perkumpulan Suara Kita)
Yappika had a similar experience when working with the Ombudsman of the Republic of Indonesia. The direct involvement of a member of the Ombudsman Commission, Alamsyah Saragih (once a member of Yappika’s supervisory board) ultimately helped to forge collaboration between the two organizations. “We basically agree on all the same things although we may not entirely agree on the details, such as when we filed a complaint about maladministration, but it was rejected by Mr. Alam (Ombudsman Commissioner for the 2015-2020 period),” said Riza Imaduddin Abdali. The presence of champions bridged the gaps between differing perceptions to allow collaboration to progress.
Regarding problems related to church construction in Semarang and Central Java, the “survivor” pastor from GBI Tlogosari subsequently acted as a bridge between congregations facing similar issues and LBH Semarang. After assisting GBI Semarang, LBH Semarang helped set up a network to assist the Evangelical Church of Java in Dermolo, which finally got its own church building in early April 2021 after 19 years of opposition. Now, five other church congregations are being assisted by LBH Semarang in addressing opposition to the development or use of houses of worship. “We work closely with the pastor at GBI as a ‘survivor’ as he is a living example of how such difficult situations can be overcome,” explained Eti Oktaviani. (Photo: Yappika)
As in many young democracies, the issue of legal equality requires consistent hard work and caution to protect the fragile flower of tolerance so that it can grow. Although the Directorate General of Population and Civil Registry Administration (Ditjen Dukcapil) has achieved a breakthrough as regards the issuing ID cards to the transgender community, this does not mean that the community will immediately start advocating for a change in the recording of sexual identity on ID cards (currently restricted to male and female). There is an awareness in the community that sexual and gender diversity issues remain quite sensitive. “There is still a very long way to go,” said one community member. (Photo: LBH Semarang)
It has been a long journey involving not only gender-diverse communities but other marginalized groups, such as religious minorities and vulnerable groups who are threatened with violence in their own homes. MAJu and its partners have not managed to create perfect legal justice, but they have had achievements and created many opportunities for further progress. (Photo: Resa Esnir)
MAJu partners continue to need hard work and clever strategies for effective collaboration to tackle remaining obstacles. “I think it is also important to relate our work to that of organizations that focus on good governance. In budget advocacy, for example, there are other people who assist us with this,” said Sandra Hamid, The Asia Foundation’s former country representative in Indonesia, during a MAJu discussion with partners early last May. (Photo: MAJu)
The complexity of the today’s world means it is difficult for any organization to take on every aspect of a problem, especially where the problem has been created by decades of social construction. As the saying goes, “If you think you know everything, then you know nothing.” Collaboration between sectors is indeed the only choice. (Photo: MAJu)
Proof, Commitment, and Consistency – Riza Imaduddin Abdali, Yappika Program Officer for MAJu In addition to collaborating with the Ombudsman of the Republic of Indonesia, we also encouraged Komnas HAM to develop Standard Norms and Regulations on the Right to Freedom of Association and Organization, which were later ratified by a plenary meeting of the Komnas HAM commissioners. The biggest lesson from the two collaborations is the need for data or evidence. That’s very important. Our work at Yappika is evidence-based. During our collaboration with Komnas HAM, for example, we monitored and evaluated the implementation of the Mass Organizations Law from 2013 to 2018, which data was then presented to Komnas HAM. So, it is very important to have solid data or strong evidence that can be justified because, without evidence, policy advocacy will face difficulties. It’s the same with the Ombudsman. The knowledge, experience, and data that Yappika has garnered in the public service arena over five years show that the scope of participation overlaps with the decision-making space. By contrast, if it only consists of providing information, then this amounts to nothing more than socialization. The data or evidence is then supported by our commitment and consistency in our work. People will realize that because we are committed and consistent, we can do what we set out to do.
Collaboration between Civil Society and Government – Siti Mazumah, Director of LBH APIK Jakarta The Covid-19 pandemic has taught us all about the importance of collaboration. LBH APIK Jakarta decided to establish our own shelter or safe house because to access a center run by the Jakarta Provincial Government, women victims of violence require a Covid-19-free letter, despite the fact that what they really need is immediate assistance. Recently, the LBH APIK Jakarta shelter entered into collaboration with the Jakarta Women’s Empowerment Integrated Service Center (P2TP2A). At the time, many women victims of violence had tried to access government services but they tested positive for Covid-19 and were referred to LBH APIK. While this situation is troublesome for all of us, it also teaches us how important collaboration is, given that the P2TP2A faces a big problem as government shelters can’t be accessed by victims who are Covid-19 positive. Later, the relevant provincial regulation was revised. However, the pandemic has nevertheless taught us about the necessity for collaboration between civil society and the government to help the community. If there is a problem in meeting needs on the ground, such as during a pandemic, for example, where else can people go if not civil society?