The last decade has seen numerous gross human rights violations in Indonesia that have been widely reported by local activists as well as international groups. Of particular concern has been the lack of prosecution of the perpetrators. The Asian Human Rights Commission has previously stated its own alarm at the lack of action taken by the attorney general to prosecute the perpetrators of the 1998 May riots, Trisakti shootings and Samanggi killings, which took the lives of over 1000 people, with many others suffering injury and damage to their property and possessions. The victims of these abuses have been awaiting justice for seven years. During this time, the attorney general has done all but nothing to deliver redress. Due to the lack of effective investigation by the prosecution agency into these abuses, concerned groups, including the National Human Rights Commission–Komnas HAM, conducted their own investigations and submitted the reports to the attorney general’s office. These were overlooked, allegedly due to petty technicalities. The latest reports were submitted early in 2005, also with no result. Not only is the attorney general’s department guilty of not undertaking its own investigations into these serious abuses, but it is also guilty of refusing to act on credible evidence collected by other groups.
This begs the question, what is the role of the attorney general? The attorney general is the head of the prosecution department, which is responsible for prosecuting perpetrators of crimes. Such prosecution can only occur after effective investigations take place into crimes committed. It is thus the responsibility of the prosecuting agency to ensure that effective investigations occur, sufficient evidence is collected and a fair trial ensues. All of this must be done independently, without succumbing to political influence. One of the reasons the attorney general refuses to act upon the Trisakti and Samanggi killings is that the Indonesian parliament concluded in 2000 that no violations of human rights had taken place. While this conclusion has been challenged and the parliament is set to reopen the investigation of these incidents, the attorney general’s office cannot conclusively accept or infer to such political proceedings. Only judicial bodies have the authority to decide whether human rights violations have occurred or not, and it is the attorney general’s responsibility to carry out investigations to this effect. Linked to the responsibility of investigating and prosecuting criminals, the prosecution department must also monitor the enforcement of existing laws and propose additional ones where required. As the head of this agency, the attorney general must shoulder a large part of this responsibility.
The indifference and lack of action by the attorney general of Indonesia–the department responsible for bringing criminals to justice–to prosecute the perpetrators of the May 1998 riots and subsequent abuses is a clear violation of domestic and international law, as well as a violation of the prosecution department’s own mandate. One of the key roles of the prosecution and judicial institutions is to provide an effective remedy to victims whose rights have been violated. This is done through prosecuting the perpetrators and punishing them in accordance with international legal principles, as well as awarding suitable compensation to the victims. Not only do these actions serve to redress the wrong done to the victims, but in punishing the perpetrators, a clear message is sent to society that such abuses will not be tolerated. The attorney general of Indonesia however, seems to be sending the message that perpetrators of crimes can walk free, and thereby encouraging future violations.
The Asian Human Rights Commission urges the attorney general as well as all other concerned groups to uphold the rule of law in Indonesia and prosecute the perpetrators of the May 1998 abuses. There is no other way to eliminate violence and protect the fundamental rights of Indonesian citizens.
