Government Wants Case Classification

KOMPAS/RADITYA HELABUMI

A number of policemen stand guard during the silent demonstration of the 612th Kamisan held by the Solidarity Network for Victims for Justice (JSKK) in front of the Merdeka Palace, Jakarta, Thursday (28/11/2019). Kamisan actions routinely voice injustice and fight for the rights of victims and families of victims of human rights violations.

JAKARTA, KOMPAS — To overcome the deadlock in settling cases of past human rights or gross human rights violations, the government is pushing for settlement out of court. The government will make a classification based on the length of the cases. However, a number of parties say this is not in accordance with the mechanism of the Law on Human Rights Court.

As reported, the families of victims of gross human rights violations, including human rights violations in 1997-1998, continue to push for the completion of the cases. A Kompas poll showed that 80 percent of respondents thought the human rights violations in May 1998 had not been resolved or partially resolved. As many as 59.7 percent of respondents encouraged completion through the judiciary (Kompas, 10/5/2021).

The Director General of Human Rights, Law and Human Rights Ministry, Mualimin Abdi, when contacted, Monday (10/5), said that the settlement efforts out of court was a breakthrough to break the deadlock in solving past gross human rights violation cases. Such efforts are being explored by the government through the Presidential Work Unit for Handling Serious Human Rights Incidents through the Non-Judicial Mechanism (UKP-PPHB). The draft of the Presidential Regulation on UKP-PPHB has been submitted to the President to get permission.

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According to Mualimin, based on a survey by the Directorate General of Human Rights, many of the victims of past gross human rights violations are elderly. They admitted that they need the presence of the state to provide rehabilitation and restitution. He added that legal settlement is the domain of law enforcers. The domain of government is to provide restoration and compensation. Therefore, he asked the victims\' families not to worry too much about the UKP-PPHB plan.

"Later it will be processed in stages, which one is more suitable to be resolved non-judicially. We will look at the length of the cases because of the consideration that the victims are getting older,” Mualimin added.

DOKUMENTASI PRIBADI

Director General of Human Rights, Ministry of Law and Human Rights Mualimin Abdi

The Attorney General\'s Office said there are 13 cases of past gross human rights violations. The incidents include, among others, Incidents in 65-66; The 1982-1985 Mysterious Shooting; Trisakti, Semanggi I and II incidents; Wasior and Wamena Incident in 2001; The 2003 Aceh Jambu Keupok Incident; and the 2014 Paniai Incident.

A member of Commission III of the House of Representatives (DPR), Arsul Sani, said that the Attorney General\'s Office should not hang on to the dozens of cases of gross human rights violations being investigated by the National Commission on Human Rights (Komnas HAM).

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"The Attorney General\'s Office must be firm. Tell its legal stance in advance where the cases investigated by Komnas HAM can be brought to court or not? Only then can it move to the choice of settlement whether it is judicial or non-judicial,” said Arsul.

Complete according to the Law

The families of victims, especially the gross human rights violations in 1998, hoped that efforts to fulfill justice are carried out in accordance with the mechanism of Law Number 26 of 2000 on Human Rights Courts. Before efforts to settle cases out of court are carried out, the victims hoped that there will be legal certainty first.

The General Secretary of the Indonesian Association of Families of Missing Persons, Zaenal Muttaqin, said that in principle the families of the victims welcomed the government\'s efforts to make breakthroughs in resolving past gross human rights cases. However, the out-of-court settlement must run parallel with the legal settlement. In accordance with the mandate of the law, the settlement of cases of human rights violations must be comprehensive, both in judicial and non-judicial terms.

“The victims of the gross human rights violations are like hit-and-run victims. If they are sick, they are treated first in the hospital (with non-judicial efforts). However, that does not mean that the criminal offense is over. It will not provide a sense of justice for the victims,” said Zaenal.

KOMPAS/RADITYA HELABUMI

The wife of the late Munir, Suciwati (left) and Maria Catarina Sumarsih, the mother of Bernardinus Realino Norma Irmawan (Wawan) together with activists and volunteers of the Solidarity for Victims for Justice (JSKK) joined the 609th Thursday action in front of the Merdeka Palace, Jakarta, Thursday (7/11 / 2019). Wawan is an Atmajaya University student who was one of the victims who died during the Semanggi 1 tragedy which occurred on November 13, 1998.

Meanwhile, Deputy Head of External Affairs of Komnas HAM Amiruddin Al Rahab said that Komnas HAM supports efforts to find a breakthrough in the settlement of alleged cases of past gross human rights violations. Komnas HAM appreciated the government\'s plan to form a UKP-PPHB team. However, Komnas HAM was not consulted in the drafting of the regulations that would serve as the legal umbrella for the establishment of the work unit.

In fact, the substance of the draft regulation received by Komnas HAM is deemed inadequate as a legal basis for efforts to resolve past gross human rights violations. "Conceptually it is inadequate and procedurally the solution is also not possible for cases of gross human rights violations. Therefore, Komnas HAM does not support the current draft Perpres (Presidential Regulation)," said Amiruddin.

If President Jokowi is serious, issue a government regulation in lieu of law.

A researcher at the Center for Human Rights Law Studies, Airlangga University, Surabaya, Herlambang P Wiratraman, was of the view that the current government\'s initiative does not reflect a political commitment to resolve cases of gross human rights violations.

"I think this point of view endangers the rule of law because in turn it will result in a chain of impunity, in which actors or perpetrators are not touched by the law, while the veil of incidents is not removed. In fact, it is very important for public learning," said Herlambang.

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With regard to the non-judicial settlement efforts that the government has pushed,

Herlambang questioned its legal basis. Because the Law on the Truth and Reconciliation Commission has been canceled by the Constitutional Court.

"So, in my opinion, it is irrelevant for the government to order the non-judicial settlement, but its legal basis is not available. If President Jokowi is serious, issue a government regulation in lieu of law," he said.

This article was translated by Hyginus Hardoyo.