An Open Letter from the Asian Human Rights Commission (AHRC) to the President of the Republic of Indonesia
Mr. Joko Widodo
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
Indonesia
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
Dear Mr. President:
INDONESIA: Waiting for the follow-up on the State’s regret and acknowledgment of 12 past cases of serious human rights violations
Recently, on January 11, 2023, the President of the Republic of Indonesia, Mr. Joko Widodo (known as Jokowi) made an announcement to the public regarding the State recognition of 12 cases of past gross violations of human rights which consist of:
1. Case of 1965-1966
2. Case of mysterious shooting 1982-1985
3. Case of Talangsari Lampung 1985
4. Case of Rumoh Geudong and the Sattis Post, Aceh 1989,
5. Case of enforced disappearance 1997-1998
6. Case of tragedy May 1998
7. Cases of Trisakti and Semanggi I – II 1998-1999
8. Case of the murder of a black magic practitioner 1998-1999
9. Case of Simpang KKA, Aceh 1999
10. Case of Wasior, Papua 2001-2002,
11. Case of Wamena, Papua 2003, and
12. Case of Jambo Keupok, Aceh 2003.
President Joko Widodo’s speech was a follow-up to the Team for the Non-Judicial Resolution of Serious Human Rights Violations, where previously, President Widodo had enacted Presidential Decree Number 17 of 2022 concerning the Formation of a Team for the Non-Judicial Resolution of Serious Past Human Rights Violations.
The Asian Human Rights Commission (AHRC) has studied the issuance of the Presidential regulation which emphasizes psychological and economic recovery as well as health related assistance for the victims and their families in the 12 cases of gross human rights violations mentioned above. This can be seen from Article 4 of Presidential Decree Number 17 of 2022 which states:
Article 4
a. Physical Rehab
b. Social Assistance
c. Health Insurance
d. Scholarship; and/or
e. Another recommendation for the interests of the victim or their family
The policy issued by President Widodo reaped pro and cons because even though the State acknowledged past gross human rights violations, it was not clear regarding disclosing the truth and taking accountability in the form of a judicial process that had been completed by the National Commission on Human Rights (Komnas HAM RI) on the 12 cases and the extent of the State’s commitment to bringing these cases to the Human Rights Court as mandated by Law Number 26 of 2000 concerning the Human Rights Court.
This condition is of course increasingly disadvantageous for the victims of past gross human rights violations and their families who have struggled for decades to push for a judicial process and to reveal the truth.
Presidential Election
Since President Suharto stepped down in May 1998, Indonesia has experienced several Presidential changes, namely President B.J. Habibie, President Abdurrahman Wahid (alias Gus Dur), President Megawati Sukamoputri, President Susilo Bambang Yudhoyono and President Joko Widodo who will serve until 2024.
Based upon experiences of the five Presidential changes, it was recorded only during the era of President Abdurrahman Wahid to show seriousness and take sides with human rights, for example eliminating discrimination against Indonesians of Chinese descent, the East Timor ad hoc human rights court and support for the ad hoc human rights court in the Tanjung Priok case, despite the results not being as expected, because almost all of the accused were acquitted.
President Joko Widodo has no less than two years left, and with not much time left for the President to make a priority step and policy, namely where the recognition of the 12 cases must be immediately followed by a concrete policy in the form of revealing the truth and taking accountability for the law enforcement under the Human Rights Court, so it becomes clear that President Widodo’s policy is not a mere sweetener ahead of the 2024 political year.
Attorney General responsible to the President
The Attorney General is the President’s direct subordinate and so far the main cause of stagnation in the follow-up of investigation related results from the Indonesian National Commission on Human Rights to the Indonesian Attorney General is the Attorney General’s unwillingness to carry out investigations.
Article 21 Paragraph 1 of Law Number 26 of 2000 concerning Human Rights Courts. Investigations into cases of the gross violation of human rights are carried out by the Attorney General. For several Presidential terms, they have been unable to resolve this problem. Even though the Attorney General is a subordinate of the President, the President should have had strong willingness to summon the Attorney General, not to intervene in the law, but to ensure that there is synergy between the Attorney General and the National Commission on Human Rights.
Priority steps
The AHRC strongly recommends to the Government of the Republic of Indonesia to take strategic steps to follow-up on the State recognition of 12 cases of gross human rights violations, as follows:
a. Disclose, study and follow-up all the results of the National Commission on Human Rights pro-judicial investigation into 12 cases of gross human rights violations.
b. President Joko Widodo must strongly recommend the Attorney General to follow up on the findings and recommendations from the Indonesian National Commission on Human Rights with investigative steps.
c. The Government of the Republic of Indonesia must have a strong willingness to reveal the truth about past gross human rights violations through a process of uncovering the truth and rectifying history.
d. The Government of the Republic of Indonesia must officially invite a Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, in order to ensure that the process of resolving cases of gross human rights violations is in accordance with international standards.
e. Provide priority policy to the economic, psychological and psychosocial recovery of the victims of gross violations of human rights and their families, without delay.
