Truth and Reconciliation Commission Must Not Substitute the Ad Hoc Human RightsCourt;
Attorney General must immediately conduct the investigation of gross human rights violations.
Following the announcement of Indonesian Government plan to establish human rights abuse task force which held on Tuesday, 21 April 2015 by Attorney General, Coordinating Political, Legal, and Security Affairs Minister, Law and Human Rights Minister, National Police chief, National Intelligence Agency (BIN) director, Indonesian Military (TNI) chief and National Commission on Human Rights (Komnas HAM) commissioners. The Commission for the The Dissapeared and Victims of Violence [KontraS] deplores the Attorney General HM Prasetyo statement that mentioned the solution for the gross human rights violation will be directed through reconciliation based on consideration that the Ad Hoc Human Rights court must be preceded by the decisions of House of Representatives (DPR).
HM Prasetyo statement is a wrongful perception which neglects his duty and function as investigator and prosecutor of the cases of gross human rights violations as mandated by law No. 26/2000 on Human Rights Court. In article 21 mentioned that investigation of human rights violations must be done by the Attorney General. In fact, since 2002 until now, Attorney General just work back and forth a with Komnas HAM, but never investigating.
Statement of HM Prasetyo that the formation of the Ad Hoc Human Rights Court should be through House DPR recommendations also deviate from the verdict of the Constitutional Court No.18/PUU-V/2007. According to the verdict, Constitutional Court affirmed that in order to form Ad Hoc Human Rights Court, DPR must be based on the results of the investigation by the authorized agency, in this case are the Komnas HAM and Attorney General. Based on the requirement, Attorney General must complete the investigations first instead of pushing to reconciliation.
It should be stressed that the gross human rights violation of the past through Truth Commission (KKR) mechanism does not mean to be a substitution of Ad Hoc Human Rights Court, but it must be complementary.
Furthermore, HM Prasetyo statements also ignore the President vision and mission as stated by Vice President Jusuf Kalla which the Government will choose to explore the path to form the Ad Hoc Human Rights Court.
Aside from that, the draft of Truth and Reconciliation Commission (KKR) Bill prepared by Ministry of Law and Human Rights, has some fundamental weakness that first must be changed before it passed and discussed in DPR. Regarding to the flaws of the KKR Bill, KontraS has released critical statements.
With the above mentioned fact, KontraS insists that;
First, Attorney General must immediately investigates 7 [seven] cases that allegedly consist of gross human rights violation which has been recommended by National Commission on Human Rights. The cases are Talangsari-Lampung 1989; the kidnapping and the dissapearances of activists in May 1998 riots; Trisakti, Semanggi I and Semanggi II 1998/1999; Wasior Wamena 2001/2003; 1965/1966 case, and Petrus (Unsolved killings) in 1982/1985.
Second, Komnas HAM must immediately push the Attorney General to conduct the investigation of the 7 [seven] case of gross human rights violation instead of compromising the case through Truth Commission. Besides, Komnas HAM must immediately investigates another cases of human rights violations, especially 5 [five] case of Human Rights Violations in Aceh that since 2013 have been investigated, as Simpang KKA 1999 case, Rumoh Geudong 1989-1998 case, Jamboe Keupok 2003 case, Bumi Flora 2001 case, and the kidnapping and enforced dissapearances in Timang Gajah Bener Meriah 2001.
Third, President of Indonesia must immediately order Attorney General to investigate the case of allegedly gross human rights violations of the past to bring forth to Ad Hoc Human Rights Court.
Fourth, DPR RI as House of Representatives should urges Attorney General to investigate the 7 [seven] case of allegedly gross human rights violations of the past as the finding and recommendation from Komnas HAM report
Jakarta, 22 April 2015
Haris Azhar, MA