Families of 1998 Victims Refuse to Give up

More than 20 years have passed, and the families of victims of the human rights abuses in May 1998 are still waiting for their cases to be resolved. The government is now working on a non-judicial Settlement.

KOMPAS/EDDY HASBY

Students from Jakarta, Bogor, Tangerang and Bekasi storm the Senayan legislative complex in Jakarta in May 1998, demanding reform and the resignation of President Soeharto. Some students took action by sitting on the roof of the legislative building that houses the People’s Consultative Assembly and the House of Representatives.

JAKARTA, KOMPAS – It has been more than two decades since serious human rights violations occurred in May 1998. The government has changed several times, but the handling of the human rights violations has yet to materialize. However, the families of victims of the human rights violations have refused to give up. They continue to appeal to the hearts of the authorities so that the burden of the nation\'s history can be resolved and so that impunity is not perpetuated for the perpetrators.

The hope of resolving the gross human rights violations comes not only from the families of the victims but also from the Indonesian people. A survey conducted by Kompas Research and Development from April 27 to 30 involving 505 respondents from 34 provinces found that 80 percent of respondents thought the human rights violations of May 1998 had not been resolved or only partially resolved. As many as 59.7 percent of the respondents wanted the cases to be settled through the judiciary.

In May, the families of victims of serious human rights violations from 1997 to 1999 reminded Indonesians of the issue. On May 12, 1998, shootings occurred at Trisakti University, killing four students, and riots also broke out, which killed many civilians. Prior to that, a number of prodemocracy activists went missing. There were also shootings in the Semanggi I and Semanggi II tragedies of late 1998 and 1999.

Also read: Steep Road in Fulfilling the Promise of ‘Reformasi’ in 1998

To encourage the settlement of human rights violations, the families of the victims and the community have for years routinely held Kamisan, a weekly silent protest in front of the Jakarta State Palace.

Participants wear black clothes and carry black umbrellas as a symbol of grief. They refuse to forget the dark historical events. The Kamisan protest has taken place 678 times. The last event was held on March 16, 2020. Since the COVID-19 pandemic, the protesters have suspended the in-person demonstrations and have been send letters to the President.

KOMPAS/RADITYA HELABUMI

Volunteers and human right activists participate in the 600th Kamisan Action in front of Merdeka Palace, Jakarta, Thursday (5/9/2019). The event, which is held every Thursday, aims to remind the government to resolve past cases of gross human rights violations.

In addition to the Kamisan action, the families of the victims regularly meet a number of senior officials. The secretary general of the Indonesian Association of Families of Missing Persons (IKOHI), Zaenal Muttaqin said in Jakarta on Friday (7/5/2021) that that in the more than 20 years since the cases of forced disappearance occurred in 1997 and 1998, IKOHI and the families of the victims had met several heads of state including President Abdurrahman Wahid, President Megawati Soekarnoputri, President Susilo Bambang Yudho Yono and President Joko “Jokowi” Widodo. However, the cases have not been settled.

Currently, Zaenal said, the families of the victims wanted an official statement from the state regarding their family members who were forcibly disappeared. "As long as there is no official statement from the state, the police cannot give the status of a missing person. So we have to look for it first and try to find it, then there will be a statement from the state,” he said.

Also read:

^ Waiting for Godot every May

^ Waiting for the President’s Promises

According to Zaenal, the families of the victims of the forced disappearances from 1997 to 1998 want the government to enforce the 2009 recommendations of the House of Representatives. The House issued four recommendations regarding the results of an investigation into the forced disappearances.

The four recommendations are the establishment of an ad hoc human rights court, a search for 13 people who were declared missing by the National Commission on Human Rights (Komnas HAM), the rehabilitation and compensation of the victims\' families and the immediate ratification of the International Convention for the Protection of All Persons from Enforced Disappearance.

Legal settlement

KOMPAS/DIAN DEWI PURNAMASARI

Maria Catarina Sumarsih shows a file of cassation memory against the Attorney General which is being submitted to the Supreme Court, Wednesday (5/5/2021). Sumarsih is the mother of Bernardus Realino Norma Irawan or Wawan, a student at the Atmajaya University Jakarta who was shot dead during the Semanggi I tragedy, November 13, 1998.

Sumarsih, 68, the mother of one of the victims of the Semanggi I tragedy said the demands of the victims’ families were simple, namely the legal settlement of the case. Komnas HAM, as the case investigator, submitted the investigation files to the Attorney General\'s Office. However, the files were returned to Komnas HAM. There has been no legal breakthrough from the AGO.

Maria Sanu, 73, the mother of one of the riot victims at Yogya Plaza in Klender in May 1998, wanted the masterminds or perpetrators behind the May 1998 riots to be detained and tried. She said the families of the victims had been promised several times that the case would be legally settled but that none of the promises had been realized.

Ali Mukartono, the deputy attorney general for special crimes, said the case files for gross human rights violations had been evaluated. "Yesterday we reported [to the coordinating political, legal and security affairs minister] that nothing could be done until Komnas HAM provided evidence. So what can we do with this? We are waiting for the coordinating political, legal and security affairs minister,” said Ali, who is also the deputy head of the Task Force to Resolve Serious Human Rights Violations at the Attorney General\'s Office.

We are waiting for the coordinating political, legal and security affairs minister.

Ali said there were 13 cases of gross human rights violations, including the Trisakti, Semanggi I and II tragedies.

Coordinating Political, Legal and Security Affairs Minister Mahfud MD said the government was currently in the process of resolving gross human rights violations through non-judicial channels. He emphasized that the non-judicial settlement would not close down legal settlement efforts.

The legal process can be continued if the investigator finds sufficient evidence for trial. "So far, we have not found any evidence. This [non-judicial process] should come first," said Mahfud.

The government is currently preparing a Presidential Regulation on a government work unit for the handling of serious human rights incidents (UKP-PPHB) through a non-judicial mechanism. The substance of the Presidential Regulation is to provide compensation, social rehabilitation and restitution to victims and their families, while waiting for the truth and reconciliation commission bill to be passed by the House.

This article was translated by Hendarsyah Tarmizi.