The President of The Republic of Indonesia do maladministration act and deny that good governance regarding
to completion the case of Enforced disappearance in 1997/1998
On April 27, 2012, victimsâ€™ family of enforced disappearance in 1997/1998 with The Commission for the disappeared and victims of violence (KontraS) and The Indonesian Association of Families of the Disappeared (IKOHI) had complained to The President trough The Ombudsman of Republic of Indonesia (ORI) which motivated by the neglect of the President to follow up the recommendations from Parliament (DPR RI) in handling the case of enforced disappearance in 1997/1998. This negligence already happens for more than two (2) years. Justice to the victims still stuck as a hostage in the arm President SBY.
Based on the victimsâ€™ report, Ombudsman stated that undue delay has occurred refer to the completion of enforced disappearanceâ€™s case in 1997/1998 which clearly as an act of maladministration and denial of good governance principles. Then on 15th May 2012, Ombudsman finally delivered the first clarification letter to the President related to the steps that have been and will be pursued by the government to accomplish the case of enforced disappearance in 1997/1998 for the sake of justice and legal certainty to the victims and victimsâ€™ family. The President has not yet replies directly that first clarification letter. On May 29th, 2012, the President trough Sudi Silalahi, the Minister of State Secretary, replied with the letter addressed to the Minister of Law and Human Rights with carbon copy to the Chief of Ombudsman which stated that the clarification letter will be as a study materials and further treatment in accordance with the applicable authorities.
To respond the letter form the Minister of State Secretary, KontraS encourage the Ombudsman of Republic of Indonesia to: first, to maximise of using the Ombudsman authority, including sending the Second Clarification to the President based on 2008 article 33 (2) Law number 37 about Ombudsman of Republic Indonesia. Second, calling the party complained if still neglect the letter of clarification from Ombudsman of Republic Indonesia. Third, issue a recommendation to the President as the party complained regarding to 2008 article 37 (1-3) Law number 37 about Ombudsman of Republic Indonesia to execute the Parliamentâ€™s Recommendation for the justice to the victims.
Actually, to be the control of governmentsâ€™ power, the President shall have to be a good example and representative to his staff to settle the government and stateâ€™s function in good governance principle. Ironically, the President has done maladministration and denial that good governance principle. According to the 2008 Law on Ombudsman, such negligence falls under the category of maladministration based on article 1 (3):
â€œMaladministration is mistakes violate the law in handling the claims, exceed the authority, misused the authority, including failure to provide a service that caused material loss and/or immaterial to the communities and individuals.â€
Referring to those particular reasons, we urge the President to :
- Issue the Presidential Decree (Keppres) of the Ad Hoc Human Rights Court for the Enforced Disappearance in 1997/1998 as soon as possible, which in line with the command in law of 2000 number 26 about Human Rights Court: Presidential Decree is the Presidentâ€™s legal obligation that must be executed;
- Command the Attorney General to do investigation of Enforced Disappearance as soon as possible
- Executed the others recommendations of Parliamentary, e.g. looking for the 13 victims who still missing, give the restitution to the victims and families also ratify the International Convention for the Protection of All Persons form Enforced Disappearances.
Jakarta, 5 July 2012
The Families of the victims of enforced disappearance in 1997-1998
The Indonesian Association of Families of the Disappeared (IKOHI)
The Commission for the disappeared and victims of violence (KontraS)