Reconstructing ‘Traditional’ Justice from the Outside in: Transitional Justice in Aceh and East Timor

Abstract

Transitional justice programmes in post-conflict Aceh, Indonesia, and East Timor are often described as acts of bottom-up reconciliation, highlighting both the community focus of the programmes and the inclusion of indigenous justice practices (adat). Traditionally resonant forms of transitional justice are lauded over internationally orchestrated programmes for their presumed legitimacy and efficacy in promoting peacebuilding and reconciliation. This framing ignores the substantial and largely unrecognised role played by external actors in the revitalisation, reconstruction, and in some cases implementation of traditional practices in the transitional justice and peacebuilding programmes in Aceh and East Timor. Moreover, although the use of traditional practices was supposed to improve the effectiveness of the programmes, the reconstruction of ‘tradition’ by external actors created some new legitimacy and implementation problems. The cases highlight how the instrumentalisation of traditional practices in transitional justice programmes may solve some post-conflict dilemmas but create others.

Keywords::

• transitional justice
• reconciliation
• peacebuilding
• adat
• indigenous justice
• Indonesia
• East Timor

Notes

¹ This figure is provided by the Badan Reintegrasi Damai Aceh (Aceh Reintegration Agency). The UNDP cites a substantially lower number, 15,000 deaths; see UNDP 2007, 24.

² Memorandum of Understanding between the Government of Indonesia and the Free Aceh Movement, Helsinki, 15 August 2005. Signed in triplicate in Helsinki, 15 August 2005, witnessed by Martti Ahtisaari, former President of Finland. Available at: https://www.consilium.europa.eu/uedocs/cmsUpload/MoU_Aceh.pdf, accessed July 2014.

³ Author interview with Indonesian negotiator involved in Helsinki process, Sigit Riyanto, Vice Dean for Academic and Cooperation Affairs, Faculty of Law, Universitas Gadjah Mada, Yogyakarta, 12 July 2010.

⁴ See the Aceh Monitoring Mission website: http://www.aceh-mm.org/english/districtoffices_menu/do_blang_pidie.htm, accessed 24 March 2014.

⁵ Multiple author interviews in Yogyakarta, July 2010.

⁶ Interview with Samsu Rizal Panggabean, Faculty of Social and Political Sciences, Gadjah Mada University, Yogyakarta, 12 July 2010.

⁷ Interview with Sigit Riyanto, 12 July 2010.

⁸ Author discussion with local school director, Bireuen, Aceh, 18 July 2010. During the conflict there was a decreased public role for women, and men reinforced this reduced role in the post-war period.

⁹ Author conversation with Indonesian conflict management negotiator, Center for Security and Peace Studies, Gadjah Mada University, Yogyakarta, 9 July 2010.

¹⁰ Interview with Sigit Riyanto, 12 July 2010.

¹¹ Personal discussions with peace and reconciliation advisor who participated in Aceh local reconciliation process, Banda Aceh, July 2010.

Additional information

Notes on contributors

Cynthia M. Horne

CYNTHIA M. HORNE is an associate professor of political science at Western Washington University. Her research examines how transitional justice affects democratisation, development, statebuilding, and societal reconstruction in post-authoritarian and post-conflict environments.