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[ dilihat 128 kali ]

Inputs to the Indonesian Consultative Assembly [MPR]:
Stop Obstruction of Justice Against the Completion of Enforced Disappearances and Kidnapping Cases of 1997 1998

 Koalisi Melawan Lupa [Coalition Against Forgotten] which consists number of civil society organizations urge MPR, to take constitutional measures in addressing obstruction of justice carried out by Indonesian government in resolving gross human rights violations cases, including the completion of the kidnapping and enforced disappearances cases in 1997-1998.

Prosecution of the past human rights violations have been mandated by reformation, which have been regulated in the provision of Indonesian Consultative Assembly [MPR] No. V/2000 on Strengthening National Unity and Integrity. Its provision mandates the enforcement of "truth by revealing abuses of power and human rights violations in the past". Once the truth is revealed it "can be done fault recognition, apology, forgiveness, peace, law enforcement, amnesty, rehabilitation, or other useful alternative to fully pay attention to the sense of justice in society."

The constitution explicitly states the prosecution of past human rights violations, including the kidnapping and disappearance in Article 28 [paragraph] 4 that requires the fulfillment of human rights [violations of human rights accountability] as a responsibility of the state, especially the government. Article 28D paragraph [1] requires the state to provide recognition, security, protection and legal certainty, and equal treatment before the law; Law No. 39 of 1999 on Human Rights and Law No. 26 of 2000 on Human Rights Court.

However, 16 years of reformation is unable to provide justice for the victims and their families. In the case of kidnapping and enforced disappearance, the President ignores 4 [four] recommendation [2009] to; 1] form the ad hoc tribunals, 2] conduct a search of 13 activist who are remain disappeared, 3] rehabilitate and provide compensation to the families of the enforced disappearances, 4] ratify the International Convention for the Protection of All Persons from Enforced Disappearance.

President also has ignored the recommendations of the Ombudsman who argued that the state has been servicing undue delay in resolving 1997-1998’s enforced disappearance cases, which is clearly a form of maladministration and has denied the principles of good

governance. Even the President ignored the request for clarification I and II of the Ombudsman about the steps that have been and will be taken by the government in completion of enforced disappearance cases. President through the State Secretary, Sudi Silalahi, throwing the issue to the Coordinating Minister for Political, Legal and Security [Menkopolhukam] for perusal and further handling of the case. But in fact, there’s no follow up action conducted by Menkopolhukam, neither the Attorney General.

To resolve the situation, intention and political will of the President is needed, and there must be no agenda of President to hide the justice. The candidacy of a president who is involved in 1997 – 1998’s kidnapping and disappearance cases and the statement of retired Maj. Gen. Kivlan Zen’s that: "I know the place where 13 activists were killed and disposed of ...", as well as the results of the Honorary Officers Council [DKP], should be a booster for the President to implement the recommendations of the Indonesian Parliament and Ombudsman, especially to form a search team towards 13 victims who are remain disappeared.

Based on those points above, and referring the mandate and authority of the Indonesian Consultative Assembly in MPR Decree No. 1/MPR/2010 on MPR Rules of Procedure, Article 22, paragraph 2 that "Leaders Assembly authorized to: a. held consultations and coordination with the President and/or other heads of state institutions to promote Pancasila and the Constitution of the Republic of Indonesia Year 1945; b. held consultations and coordination with the President and/or other heads of state institutions in the implementation of Pancasila and the Constitution of the Republic of Indonesia Year 1945; c. invite the faction leaders and group leaders to hold a Joint Meeting of the Members; d. form a verification team of requirements of the Presidential candidate and/or the Vice President ".

Therefore, Koalisi Melawan Lupa [Coalition Against Forgotten] urge the Indonesian Consultative Assembly to immediately:

First, hold a consultation and coordination with the President, Chairman of the Indonesian Parliament, Coordinating Minister for Political, Legal and Security [Menkopolhukam], Ombudsman, and National Human Rights Commission to ensure the completion of the kidnapping and disappearance of 1997-1998 case, and all cases of past human rights violations;

Second, hold consultations and coordination with the President, Chairman of the Indonesian Parliament, Coordinating Minister for Political, Legal and Security [Menkopolhukam], Ombudsman, and National Human Rights Commission to discuss about President’s act of maladministration for ignoring the recommendation by Indonesian Parliament;

Third, hold consultations and coordination with the Indonesian National Election Commission to push the Presidential Candidate and Vice President Candidate who are clean from any cases.

Thus we submit this input letter which hopefully will be followed up immediately for the realization of justice for the victims and all the people of Indonesia.

Koalisi Melawan Lupa [Coalition Against Forgotten]

Imparsial, KontraS, SETARA Institute,  YLBHI, Elsam, ICW, HRWG, Politik Rakyat, LBH Jakarta, LBH Pers, Institute Demokrasi, KASUM, JSKK, IKOHI, Ridep Institute, KRHN, LBH Masyarakat, Perempuan Mahardika, LBH Surabaya, AJI Indonesia, PUSHAM-UII Yogyakarta, INFID, Aliran Batang Bungo-Jambi [ABB-Jambi], PIAR NTT, Forum Pemerhati Aspirasi Rakyat Kota Kupang, Freepublik NTT