Since 2003, the National Human Rights Commission (Komnas Ham) has been consistently appealing the Attorney General to present the investigative findings of an independent investigation conducted by Komnas Ham themselves, regarding the student/activist abductions of 1998/99 to the House of Representatives, so that they may be granted the formal parliamentary and presidential approval required to be tried within an Ad Hoc Human Rights Court.
On the 8th November of this year, Komnas Ham submitted an official report of their investigative findings to the Attorney General, the Supreme Court and the Indonesian Parliament. In their report, KOMNAS HAM implicated 27 officers of the TNI State Army, National Police (Polri) and State Intelligentsia (BIN). Former Officer of the specialist Kopasus military forces, Major General Muchdi PR (also implicated in the murder of Human Rights Defender, the late Mr. Munir) was implicated as a key conspiring party to the 1998/99 abductions.
Unfortunately, the Attorney General has taken no action in pursuing the matter further, and in pressing for a prosecutory trial. Such behaviour completely defeats the purpose, and undermines the integrity of the prosecution system. In the case of major human rights violations on the part of the State, it is the fundamental responsibility of the Attorney General to conduct further investigations in the event that further evidence is required, to present the case before the House of Representatives so that it may be formally approved for trial within the Ad Hoc Human Rights Court system, and to oversee the provision of adequate redress to the victims and/or their families.
The primary concern of AHRC in regards to Indonesia is the prevailing culture of immunity to the Rule-of-Law currently enjoyed by members of the Indonesian Presidency, Parliament, Military, Police and the broader State apparatus. This sad state of affairs can be largely attributed to the total collapse of the countrys Prosecution system; in particular, the failure of the Attorney General, to fulfill his most basic duties. It is a sad fact that the vast majority of cases of gross human rights violations in Indonesia never reach the stage of formal investigation and prosecution, due to the apathetic inactivity of the Attorney General in pursuing matters further. Not only does this block the avenue to rightful redress and compensation for the victims of torture and other human rights violations, but it also effectively grants the perpetrators of these crimes immunity from being held accountable for their actions before the court-of-law.
The Asian Human Rights Commission has on numerous occasions stated its own alarm at the lack of action taken by the Attorney General in prosecuting the perpetrators of the 1998 May riots and the student killings in Trisakti and Semanggi which took the lives of over 1000 people, with many others suffering grievous injuries and damage to their property and possessions. The victims of these abuses have been awaiting justice for more than 8 years now; which is simply unacceptable of a State that is party to UN convention and council. Due to the lack of effective investigation by the Indonesian State Prosecution system into these gross abuses, genuinely concerned independent organizations, such as the National Human Rights Commission (Komnas Ham), conducted their own independent investigations into these human rights abuse cases, and submitted a formal report of their investigative findings to the Attorney General. Time and time again, these reports were dismissed and discarded on the flimsy pretenses of legal technicalities.
Not only is the Attorney General’s department guilty of failing to undertake its own investigations into these serious abuses (as it should), but it is also guilty of refusing to act on the credible evidence accumulated by independent bodies.
This raises fundamental questions about the role of the Attorney General. The Attorney General is the senior-most authority of the State Prosecution system, which is responsible for the impartial investigation, and prosecution of perpetrators of human rights abuses and other crimes. Thus, it is the responsibility of the Prosecution to ensure that effective investigations are conducted, and that sufficient evidence is collected, so as to ensure a fair trial. This must be done with the highest level of impartiality and objectivity; the Prosecution should not be susceptible to external political pressure and/or influence.
One of the easy escape routes for the Attorney General in evading responsibility for these aforementioned human rights violation cases, is the public declaration made by the Indonesian Parliament in 2000, that no violation of human rights had ever been committed by the State. This declaration was later challenged by the House of Representatives, who support the public calls for the reopening of investigations into these cases. It is the fundamental responsibility of the Attorney General to advise the House of Representatives on possible legal obstacles, anamolies and inconsistencies so that a legal remedy may be swiftly reached. On all counts, the Attorney General has failed.
This is an open and direct violation of the fundamental obligations of the Indonesian State under the terms of their membership to the UN Human Rights Council, and as a state party to the UN treaties and Conventions. The AHRC demands that the Indonesian State- in particular the Attorney Generals department- be held accountable for their failure to fulfill and protect these fundamental obligations, both for its citizens and as a state party to UN convention.
