The Presidential Candidate's ideas regarding human rights issues in the debate are considered not yet substantive
The Commission for Missing Persons and Victims of Violence (Kontras) considers that the debate on resolving serious human rights cases in the presidential candidate debate is not substantive. The presidential candidate's commitment is still being questioned.
This article has been translated using AI. See Original .
The following article was translated using both Microsoft Azure Open AI and Google Translation AI. The original article can be found in Gagasan Capres tentang Isu HAM di Ajang Debat Dinilai Belum Substantif
JAKARTA, KOMPAS - The exchange of ideas on resolving past serious human rights violation cases in the first presidential debate on Tuesday (12/12/2023) night was deemed insufficient in addressing the substance of the issue due to time constraints. The families of the victims even perceive the human rights issue as still being traded as a commodity during the political year. The victims demand a commitment to legal resolution.
During the presidential debate at the General Election Commission building, Tuesday night, presidential candidate Ganjar Pranowo asked about the resolution of 12 past cases of serious human rights violations to Prabowo Subianto. He mentioned 12 cases of serious human rights violations in the past. According to the former Governor of Central Java, in 2009, the DPR issued four recommendations to the President.
Four recommendations, including the establishment of a human rights court, the discovery of 13 victims of forced disappearances in 1997-1998, the recovery and compensation for victims of severe human rights violations, and the ratification of the Anti-Enforced Disappearance Convention, were made. Ganjar asked if Prabowo would implement all of these recommendations if elected as the President of Indonesia in the future.
Coordinator of Kontras, Dimas Bagus Arya, who routinely participates in the Kamisan activities in front of the Presidential Palace, stated on Wednesday (13/12/2023) that the presidential candidate debate for the 2024-2029 period is considered insufficient in providing a maximum platform to explore the ideas of the candidates due to the limited time given for their presentations. As a result, the human rights issue has not been substantively addressed at its core.
The discourse regarding the enforcement of the law in cases of severe human rights violations has indeed become a heated issue between Ganjar and Prabowo during the debate. Kontras regrets that Ganjar only mentioned 12 cases of severe human rights violations. Meanwhile, the investigation conducted by Komnas HAM has stated that there are 17 cases of severe human rights violations.
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The three presidential candidates (from right to left), Anies Baswedan, Prabowo Subianto, and Ganjar Pranowo, participated in a debate held by the General Election Commission (KPU) at the KPU Office in Jakarta on Tuesday (12/12/2023).
Specifically for Prabowo, Kontras also assesses his lack of courage to commit to resolving serious human rights violation cases. Prabowo's response is seen as confirming his strong alleged involvement in the forced disappearance of activists in 1997-1998.
Also read: Ganjar and Prabowo Attack Each Other on the Issue of Past Serious Human Rights Cases
"Two response patterns have emerged, that some of the victims of the 1997-1998 activist kidnappings who have been returned are now aligned with Prabowo, mixing the victims' personal political relationships with him. Instead of presenting a strategy to resolve serious human rights violation cases, Prabowo is taking refuge behind the support of 98 activists towards him," said Dimas.
Kontras has concluded that the presidential candidates have not fully been able to articulate their ideas, vision, and flagship programs to resolve severe human rights violations, both those occurring in Papua and those in the past.
Politicization
Maria Katarina Sumarsih (71), the parent of Bernardinus Realino Norma Irmawan or Wawan who was shot dead in the Semanggi I Tragedy, said that she and her colleagues who are members of the Victim Solidarity Network for Justice (JSKK) continue to voice the state's accountability for various severe human rights violations through Kamisan actions. However, these severe human rights violations are being politicized during each election.
According to Law Number 26 of 2000 concerning Human Rights Tribunals, the National Commission on Human Rights (Komnas HAM) has investigated state violence that occurred in 1998 in the cases of Semanggi I, Semanggi II, and Trisakti; the riots of May 13-15, 1998; as well as forced disappearances or abductions of pro-democracy activists. The investigation results have proven the alleged occurrence of severe human rights violations, namely crimes against humanity.
On January 11, 2023, President Joko Widodo, on behalf of the state, acknowledged the existence of 12 cases of serious human rights violations, including crimes against humanity that occurred in 1998. With the state's acknowledgement, President Jokowi should immediately dismiss the human rights violators who hold strategic positions in his government.
"Immediately assign the Attorney General to follow up on the Komnas HAM investigation files to the investigative level as regulated in Article 21 of Law No. 26/2000 concerning Human Rights Courts as a first step in handling past serious human rights violations to forming an ad hoc human rights court," said Sumarsih.
Sumarsih (69), the mother of a student activist who became a victim of the police shooting during the Semanggi I incident on November 13, 1998, was met at her home on Wednesday (5/5/2021).
He explained that an ad hoc human rights court needed to be established to punish guilty people so that they would be deterred and not repeat their crimes in the future. The ad hoc human rights court makes it clear who the perpetrators of crimes against humanity are.
At the end of the remaining term of President Jokowi's administration, Sumarsih hopes that President Jokowi will fulfill his campaign promise before becoming president, namely eliminating impunity by establishing the ad hoc human rights courts Semanggi I, Semanggi II and Trisakti, one of whose victims was his son. He added that the families of victims of human rights violations need to be informed about the graves of the dead victims. It is a form of chivalrous spirit as a soldier who is responsible for his attitudes and actions. For the victim's family, there is certainty of residence status for the missing family.
Asked for his opinion on the presidential debate material regarding human rights, vice presidential candidate number 3, Mahfud MD, stated that Ganjar Pranowo did inquire about the progress made in resolving cases of severe human rights violations since 2009. In that year, the DPR special committee recommended that the president establish a human rights court for a number of cases, namely the 13 victims of enforced disappearance in 1997-98, restore and compensate victims of severe human rights violations, and ratify the Convention Against Enforced Disappearance.
The DPR has also requested that the government search for the 13 victims of forced disappearances so that their mothers can finally know the fate of their children. However, according to Mahfud, the case has not progressed since 2009. The Attorney General's Office has stated that there is insufficient evidence to bring the case to trial. As a result, the case has been sent back and forth between Komnas HAM as the investigator and the Attorney General's Office as the investigator and prosecutor.
"I myself have taken non-judicial steps to resolve their victims. For instance, there are over 100 former Mahid students or military-bound students studying overseas who are unable to return to Indonesia because they are considered involved in the September 30th Movement. They are victims of the New Order regime's policy, and we resolve that issue," said Mahfud to reporters on Wednesday.
Minister of Coordination for Politics, Law, and Security, Mahfud MD, provided a statement to reporters at the Presidential Palace Complex in Jakarta on Monday (11/12/2023).
Victims of severe human rights violations in Aceh, namely the Simpang KAA Incident in 1999, Jambu Keupok in 2003, and Rumah Geudong from 1989-1998, have been identified as the starting point for non-judicial settlement, and have also received aid to improve their homes and micro, small, and medium-sized enterprises (MSMEs). This assistance is still ongoing as the term of the Heavy Human Rights Violations Non-Judicial Settlement Team (PPHAM) will end by the end of this December.
"However, for law enforcement to go to court (judicial settlement) it will have to be resolved by the DPR. "In accordance with Article 43 of Law Number 26 of 2000 concerning Human Rights Courts, ad hoc human rights courts were established at the suggestion of the DPR with a presidential decree," he said.
