Refuse to Forget Past Gross Human Rights Violations
For more than two decades, victims of past gross human rights violations have been left in the dark without justice, truth and remedy. Hopefully the past cases of gross human rights violations will be resolved,
You don't make peace by talking to your friends, you have to make peace with your enemies. - Nelson Mandela
President Joko “Jokowi” Widodo at the State Palace expressed the government's regret, sympathy and empathy for past gross human rights violations.
Based on the recommendation of the Team for the Nonjudicial Resolution of Past Gross Human Rights Violations (PPHAM), 12 incidents of gross human rights violations were determined, namely the 1965-1966 tragedy, the mysterious shootings of 1982-1985, Talangsari in Lampung 1989, Geudong House and Sattis Post in Aceh 1989, the enforced disappearances of 1997-1998, May 1998 riots in Trisakti and Semanggi I and II in 1998-1999, the killing of people accused of practicing black magic in 1998-1999; the KKA intersection in Aceh in 1999, Wasior in Papua 2001-2002; Wamena in Papua, 2005 and the Jambo Keupok tragedy in Aceh, 2003.
Not many of the post-Reform generation know about past gross human rights violations that have become a burden on this nation's history. In contrast to conventional crimes, gross human rights violations are attacks on human rights that are carried out systematically to the point of causing loss of life, as well as causing physical, psychological, economic, social and cultural losses.
1965-1966 tragedy
The gross human rights violations from 1965 to 1966 were marked by an uprising called the 30 September Movement of the Indonesian Communist Party (G30S PKI) in 1965, as well as the killing of six generals and one army officer.
These are Gen. Ahmad Yani, Maj. Gen. R Soeprapto, Maj. Gen. MT Haryono, Maj. Gen. S Parman, Brig. Gen. DI Panjaitan, Brig. Gen. Sutoyo Siswomiharjo and First Lieutenant Pierre Andreas Tendean, who were awarded the title Heroes of Revolution. Gen. AH Nasution was also targeted, but he managed to escape.
However, the events leading to, and the masterminds behind of the G30S PKI did not get much attention from the public. Likewise the events that followed, the incident of the crushing of PKI members and sympathizers. The number of victims in this massacre is said to be 80,000 people, 500,000 people, even 1.5 million-3 million people. Not surprisingly, a number of foreign observers called the G30S PKI event the "Indonesian Tragedy".
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> State Admits to Occurrence of Gross Human Rights Violations
Regarding the G30S PKI incident, a number of theories have swirled – that the mastermind behind the G30S was the PKI, that it was an internal Army problem, there was Sukarno's involvement, there were British interests in wanting to end Sukarno in a confrontation with Malaysia, the involvement of the CIA in United States interests, which were liberal-capitalist, who were fighting for influence with the socialist-communist Soviet Union, wanting to overthrow Sukarno so that Indonesia would stay away from countries adhering to communist ideology.
Besides these, there is also chaos theory, namely that there was no single actor or one party that played it, as Sukarno mentioned, this tragedy was caused by elements of the Nekolim, Neo Colonialism and Imperialism (Western Countries). There is the theory that PKI leaders were tempted to gain power and Armed Forces (APRI) members who were evil minded, Soeharto's involvement, in which Sukarno was forced to issue a 11 March Order (Supersemar) to Soeharto.
That is the controversy over the theory and facts behind the G30S PKI tragedy, which needs to be reconstructed, particularly regarding its history and formulation to make a balanced official state narrative, while taking into account the human rights of the victims.
Dictatorial
Historically, when a democratic government system has not yet been known by a state, to maintain power and get rid of opponents, a regime in power uses dictatorial, intimidating, violent and terror methods. Example: the rise of the Jacobins who ruled in 17th Century France, known as the terreur rouge, Hitler and the Nazis in Germany, totalitarian regimes in Asia, Africa and Latin America that were in power for a certain period of time, also strengthened their power with a system of terror (governance).
Supersemar (the original letter of which has been lost), which was signed by Sukarno and addressed to Soeharto to resolve the turbulent security situation due to the G30S PKI incident, was claimed by Soeharto as the handover of the presidency and the end of Sukarno's administration. The Soeharto regime referred to it as the New Order to differentiate it from the Old Order regime.
In March 1967, the Provisional People's Consultative Assembly (MPRS), whose composition had changed considerably due to the new political tide, stripped Sukarno of all power and appointed Soeharto as acting president. Soeharto, as the Supreme Commander of the ABRI (now the TNI), the Advisory Council of the Working Group (Golkar), then had great power in the fields of politics, the economy, defense and other areas.
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> Clearing up Settlement of Gross Human Rights Violations
The imagination developed about the "communist ghost" made the Soeharto regime authoritarian, militaristic – a disease of fascism. Threats, violence, evictions, terror, slander, verdicts and killings without trial, kidnappings, corruption, heartbreak, mobs, dictators, became part of the Soeharto regime's rule for 32 years.
Even though the government reflects on the 12 incidents as past gross human rights violations, it is necessary to remember in reality that many incidents were gross human rights violations during the New Order era, such as the Tanjung Priok tragedy in 1984, the (murder of) Marsinah 1993, the takeover of the office of the Indonesian Democratic Party on 27 July 1996, Munir's murder in 2004 and also during military operations in East Timor.
Truth and Reconciliation Commission
The ways in which countries move to democracy differ, but there are common issues. Samuel P. Huntington mentions a number of main contextual problems faced by countries in the transition from authoritarian government to democratic government: rebellion, internal/communal conflicts, extreme levels of poverty, striking socio-economic inequality, chronic inflation, large foreign debts and terrorism.
The way democracy works and the failure of a new government to resolve indifference, frustration and disillusionment, and the difficulty to which these problems are overcome, become obstacles to the democratic process. Weaknesses in political leaders are discussed daily (The Third Wave: Democratization in the Late Twentieth Century, 1981).
In many countries where human rights violations have occurred during authoritarian rule, the perpetrators must be brought to court and punished. Authoritarian officials were brought to justice not for killing constitutional democracy, but for killing individuals, kidnapping and torturing, raping and detaining without trial.
Also read: Uncover the Truth for Reconciliation
A Uruguayan judge who criticized the democratic government's proposed amnesty said, "Democracy is not just freedom of expression, the right to hold elections and so on." Democracy is government based on law (the rule of law). Neither high-ranking officials, military officers nor the police are above the law.
Without applying the law equally, democracy dies. The government has acted like a husband who was cheated by his wife. He knows it, everyone knows it, but he still insists everything is going well and prays every day that he will not be forced to face the truth because at that moment he has to solve the problem.
Another possibility is reconciliation. Dullah Omar, in his introduction to the submission of the bill to the Truth and Reconciliation Commission (TRC) in South Africa before parliament, said, "After seeing the scourge of the past before our eyes, and after asking for and receiving forgiveness and carrying out adjustment, let's close the door of the past not to forget it, but so that we don't get trapped by it.”
"Let's step into a brilliant future, becoming a completely new society where citizens are valued not because of their skin color or biological traits or other external characteristics, but because they are dignified human beings created in the image of God."
“Let's hope that our society will be a whole new society – more caring, gentler and more sharing – because we have said goodbye to the old 'divided society'. by unmeasurable enmity, conflict, suffering and injustice, and is now heading towards a future built on recognition of human rights, democracy and peaceful coexistence and the opportunity to enjoy development for all South Africans, regardless of skin colour, race, class, religion and gender.”
What the TRC achieved was to reduce the number of lies circulating without being proven true in public. In Argentina, the TRC's work made it impossible for the military to claim that it had not dumped semi-alive victims from helicopters into the sea. In Chile, in public, one cannot say that the Pinochet regime did not kill thousands of innocent people (Article of Fait, Index on Cencorship, 5, 1996).
During a human rights hearing with Bishop Desmond Tutu in Port Elizabeth, South Africa, a witness interrupted, “Thank you, Bishop, but I'm sorry there is one thing I want to ask. Please don't get me wrong Bishop, you can't reconcile with someone who doesn't come to you and tell you what he has done. We can only be reconciled if someone comes to you and says, 'This is what I do.' I have done this and that. If they don't come to me and I don't know who they are, we can make peace.”
This condition is not a general abstract condition. These difficult conditions are common in 12 countries.
“But now I will forgive those who have come and exposed what they did. This is the truth. We think that those who hear and those who come to the commission will also be touched. Their consciences will disturb them. If they want to receive forgiveness, they should come and openly express their feelings so that they too can receive healing as experienced by other victims.”
Various difficulties in restoring social reconstruction were put forward by M. Frankel: “A nation that was torn apart during the rule of a repressive regime does not suddenly reunite when this regime has gone. Human rights criminals are fellow citizens, living side by side with other people, and their possibilities are very powerful and dangerous.”
"If previously the police and army were agents of terror, then the army members will not suddenly become ones who respect human rights. Their number and skill with weapons remains a fact of life. They may be seeking support from investigators or the community. If they were treated rashly, or the punitive measures were too severe, they would take revenge. However, their victims cannot simply stand by and forgive.”
”This condition is not a general abstract condition. These difficult conditions are common in 12 countries. If, as we hope, many countries will be free from terror regimes, the same problems will continue to arise.”
Irony in Indonesia
Yet the Indonesian government has already established a TRC to resolve past gross human rights violations, marked by the birth of Law No. 27/2004 concerning the TRC. However, in 2006 the TRC was annulled by the Constitutional Court when the selection of candidate members for the TRC was in progress. Ironic indeed. After that, for more than two decades, victims of past gross human rights violations have been left in the dark without justice, truth and remedy.
Now, President Jokowi as the head of state has expressed his acknowledgment and remorse for 12 incidents of past gross human rights violations, without even negating a judicial settlement. "Thus, the government and I will try to recover the rights of the victims in a fair and wise manner, without negating a judicial settlement," he said.
Hopefully the past cases of gross human rights violations will be resolved, thoroughly, before a new president is elected in 2024.
Thomas Sunaryo, Criminologist, Lecturer at UI School of Strategic and Global Studies (SKSG)
This article was translated by Kurniawan Siswo.
