It is not just about breaking stigma; the truth must also be revealed by rectifying history. It all comes down to investigating the perpetrators and enforcing the law.
By
Kompas Team
·5 minutes read
ADRYAN YOGA PARAMADWYA
An activist carries an umbrella bearing a demand to end human rights violations at the 759th Kamisan Action in front of the Merdeka Palace, Jakarta, Thursday (12/1/2023).
JAKARTA, KOMPAS – Victims of gross human rights violations hope that the government will not stop at acknowledging and expressing remorse over 12 past incidents of gross human rights violations. This must be followed by uncovering the truth to rectify history and break the chain of stigmatization and discrimination against victims.
Uncovering the truth ultimately leads to investigating perpetrators, enforcing the law, identifying victims and restoring victims’ rights. Additionally, it also leads to evaluating and reforming policies, laws and institutions to prevent similar incidents from recurring in the future.
The most important thing to us is that the state reveals the truth. We want clarity on what happened.
Head of the 1965 Murder Victims Research Foundation (YPKP) Bedjo Untung, when contacted from Jakarta on Thursday (12/1/2023), said the victims of the 1965-1966 incident appreciated President Joko “Jokowi” Widodo’s official acknowledgment and remorse. Both the acknowledgment and remorse were among the demands of the victims, but victims hope that the government’s actions will not stop there.
“The most important thing to us is that the state reveals the truth. We want clarity on what happened. There have been many reports written by domestic and foreign researchers on the extraordinary crimes against humanity that were committed. Those can be used as sources to rectify history,” said Bedjo.
On Wednesday (11/1), President Jokowi as the head of state acknowledged and expressed remorse over 12 past gross human rights violation incidents after receiving a recommendation from the Non-judicial Resolution of Past Serious Human Rights Violations (PPHAM) team at the State Palace, Central Jakarta. The President also sympathizes and empathizes with the victims and their families.
Revoking discriminatory regulations
Bedjo said that uncovering the truth about the 1965 incident was needed to end the stigmatization and discrimination against victims. All this time, victims were unable to convene due to several discriminatory regulations from the New Order regime that still exist.
The discriminatory regulation in question is TAP MPRS No. XXV/MPRS/1966 concerning the dissolution of the Indonesian Community Party (PKI) and the prohibition of the teachings of Communism and Marxism-Leninism. Indonesia’s fourth president, Abdurrahman Wahid, once proposed revoking these regulations. However, the regulation is still in effect today.
Bedjo asked that those obsolete regulations be revoked. Only then, he believes, will victims be able to reconcile. “We urge the government to evaluate and revoke the regulations made by the New Order regime, which are full of lies,” he said.
IPPHOS
Soeharto (center) while holding the rank of Major General as Commander of Kostrad, witnessed the operation to retrieve the bodies of Revolutionary Heroes from an old well at Crocodile Hole on October 4, 1965. Ipphos 04-10-1965
Another survivor of the 1965-1966 incident, Effendei Saleh (84), conveyed similar sentiments. He wants cases of gross human rights violations to be resolved. “Do not let it become just ethical politics. There needs to be concrete action, such as punishing the perpetrators and restoring the victims’ rights by rectifying history and improving their reputation,” he said.
The Victim Solidarity Network for Justice (JSKK) also stated that the state should not encounter difficulties in resolving all cases of gross human rights violations in a judicial manner. The JSKK, through an open letter signed by, among others, Suciwati (wife of human rights activist Munir Said Thalib) and Maria Sumarsih (mother of Semanggi I victim Bernardus Realino Norma Irawan), asked President Jokowi to order the attorney general to follow up on investigations into cases of gross human rights violations from the National Commission on Human Rights (Komnas HAM). In addition, the letter also demands the President instruct the attorney general to form an ad-hoc investigation team in accordance with the mandate of Article 21 Paragraph (3) of Law No. 26/2000 concerning the human rights court.
Maria Sumarsih said that instead of feeling remorse, these gross human rights violations must be accounted for in the ad-hoc human rights court.
House of Representatives Commission III member Taufik Basari is also of the view that state recognition should open the door for future actions, namely investigating the perpetrators and enforcing the law. “Identify the victims, restore the victims’ rights and evaluate and reform policies, laws and institutions to prevent the recurrence of [similar] events in the future,” he said.
The government also claimed that state recognition of past gross human rights violations would not negate a judicial settlement. Law and Human Rights Minister Yasonna H. Laoly said that settlements through a judicial route would depend on the data and evidence available.
Right now, we are [trying through] non-judicial [routes] first.
According to him, current efforts, as recommended by the PPHAM team, are to settle cases through non-judicial channels first. “Right now, we are [trying through] non-judicial [routes] first. This is what makes people’s decisions very credible,” he said.
Head of the Special Region of Aceh Truth and Reconciliation Commission (KKR), Masthur Yahya, said that the state’s acknowledgement of a number of past gross human rights violations strengthened the work of the Special Region of Aceh KKR in collecting and recording human rights violations in Special Region of Aceh. Thus far, 5,264 data points have been collected from the results of truth disclosure. “We ask PPHAM to make this data the central government’s responsibility in following up with national policies,” he said.
Heeding recommendations
Coordinating Political, Legal and Security Affairs Minister Mahfud MD said that the government’s recovery scheme was aimed at improving the economy and issuing population documents, which had been constrained thus far. Aid has been distributed without a selection process.
In the near future, he continued, the President will assign a number of ministers to heed the recommendations conveyed by the PPHAM team. If targets are not met, the President will also form a task force to oversee the implementation of these recommendations.
Fulfilling the victims’ rights, he explained, would not negate the judicial settlement of gross human rights violations either. Judicial settlements are the responsibility of Komnas HAM and the Attorney General’s Office. (DEA/INA/WKM/AIN/Z06)
