Civil Society Declaration
Demand The Real Justice
For Victims of Human Rights Violations in Indonesia
The completion of the gross human rights violation cases that occurred in the past was part of the reformation mandates, as been pointed to the 2000 Upper House Representative Provision (TAP MPR) Number V regarding the Strengthening Unity and National Integrity. It is absolute for the state to take legal steps to guarantee the existence of the process of “abuse of power disclosure and human rights past abuses.
1945 Second Amandement Constitution is a constitution that had built a refined human rights culture through the space to fulfill, respect and protect human rights for everyone.
Affirming that the 1999 Constitution Number 39 regarding Human Rights and 2000 Constitution Number 26 regarding Military Court provided a mandate to the National Commission of Human Rights (Komnas HAM) to conduct an investigation towards the cases that strongly alleged fulfilling the definition of gross human rights violations.
Affirming that the existence of Attorney General’s responsibility to conduct an investigation and prosecution towards the Komnas HAM’s investigation findings of the cases that strongly alleged fulfilling the definition gross human rights violations in order to hold an ad hoc Military Court as stated in the 2000 Constitution Number 26 regarding the Military Court and 2004 Constitution Number 16 regarding the Attorney of Republic Indonesia
Affirming that the plan of the establishment of Human Rights Past Abuses Truth Seeking Team by the government recently is not in line with the responsibility to actualize the justice for the past gross human rights violation victims.
Affirming that the step of reconciliation is not only a ceremonial procession of forgiving each other, but could strengthen the capacity and government’s commitment to justice, particularly the justice for the victims. Reconciliation is a process which preceeded with the truth seeking agenda and the confession of victims existence in Indonesia.
Recalling that the reconciliation step that is disussed today is not in line with the spirit to actualize justice for the victims of human rights past abuses. Therefore, we, all the human rights defenders and individuals that have a huge concern for the respect, protection and the advancement of human rights in Indonesia questioning the establishment of Human Rights Past Abuses Truth Seeking Team under the Coordinating Ministry of Politics, Law and Security (Menkopolhukam), Attorney General, Komnas HAM and fully supported by National Police, National Military Forces and National Inteligent Body, with several notations such as:
First, without the existence of accountability, then the reconcilitation model will minimize the families and victims’ dignity that they have struggled for by spending their time and energy to conduct advocacy for many years.
Second, this non-accountability reconcilitation already wounds the public minds that have given support all this time to the Komnas HAM, Attorney General and especially the support to National Military Forces, National Police, National Inteligent Body and other related institutions to become professional state institutions and obedient to laws, not simply mediation institutions.
Third, thereconciliation approach for the gross human rights violations completion was not under the authority of the Attorney General and Komnas HAM. As the law enforcement institutions based on 2000 Constitution Number 26 regarding the Human Rights Court, both institutions instead are responsible based on the constitution to resolve the judicial completion of past gross human rights violations, not the reconcilitation process that was not under the authority of both institutions based on 2000 Constitution Number 26 regarding Human Rights Court.
Fourth, the steps that had been taken by the Attorney General and Komnas HAM were not in accordance with the human rights law enforcement system in Indonesia and potential for the authority abuse as regulated inter alia by the article 17 in 2014 Constitution Number 30 regarding Government Administration which stated that a regulation that should follow related to (a) authority exceeding prohibition, (b) authority compound prohibition, (c) arbitrary acts of prohibition.
Fifth, recalling that not all of the human rights violations could be approached by reconciliation, therefore President Joko Widodo as the executive functionary should create the political will and determination to willingly use the judicial accountability approach as the form of state impartiality from every form of past authoritarian political intervention.
Sixth, we believe that President Joko Widodo has a capacity to postpone the reconciliation step that from our perspective is non-responsible and to keep encouraging the Attorney General to follow up to 7 (seven) documents of past gross human rights violation as the result of Komnas HAM’s investigation transparently, honoring accountability, obedient to law principles and healing the nation’s wounds.
Jakarta, July 9, 2015
HS. Dillon, Hendardi, Amiruddin Al-Rahab, Sandyawan, Robertus Robet, Dolorosa Sinaga, Franz Magnis-Suseno, Fadillah Agus, Enny Suprapto, Martin Aleida, Galuh Wandita, Haris Azhar