The Effort To Solve the So Called Human Right Violation in The Past Through Non-Judicial Method Should Not Be Responded Pessimistically

Dianto Bachridi a Commissioner  of The National Commission on Human Rights (Komnas HAM) has voiced pessimism that the government will be able to solve Six past human rights violation cases within a year because the work would include revealing the truth as well as reconciliation. “It would be impossible to resolve all Six cases within just one, two or even three years,” Commissioner of Komnas HAM   Dianto Bachriadi said, adding that revealing the truth required time and should include reconciliation.

Meanwhile Kontras (NGO)  criticized the National Commission on Human Right accusing the National Commission on Human Rights just only follows the will of the Government  to implement the Non-Judicial Method in the effort to solve the cases of six Human Right Violation ion the past. Dianto and Kontras were commenting on a statement by Coordinating Minister of Political, Legal and Security Affairs  Lieut. General Luhut Pandjaitan, who said the government would solve six human rights violation cases in the past, namely those on the 1965 communist purge; the 1989 Talangsari Lampung massacre; the Trisakti, Semanggi I and II shootings; and the 1998 disappearance of prodemocracy activists, hopefully soon.

Dianto raised a question whether the government could resolve past human right violation cases and provide justice to the victims of rights violation in such a short time. There are various Problems faced by government to  include a lack of legal basis on the non-judicial mechanism, he added. “The only non-judicial mechanism mandated by law is reconciliation through the Truth and Reconciliation Commission [KKR] as stipulated in the Human Rights Trials Law. But the Constitutional Court has repealed the law,” said Dianto.

On top of that, figures alleged to be involved in past human rights are still running the country, said Dianto. “They could be a hindrance to revealing the truth,” he said. (vps/bbn).

Asessment

As it had been reported,  The Coordinating Minister of Political, Law, and Security Affairs, Lieut.General (ret) Luhut Binsar Pandjaitan to a group of journalist   on Thursday March 17, 2016  said that the case of the so-called Human Right Violation of the past are expected could be finished soon.

The  essence of the statement could be clarified mainly are as follows , It is hoped the final Draft of the Solution of the past Human Right Violation  would be agreed by the National Committee that consists of the Representative of the Government and the National Commission on Human  Right on May 2, 2016.

The  Government firmly decides that the “non-judicial method” will be used  to solve the so called the Human Right Violation in the past and the operational draft would be declared soon.  Lieut. General (ret) Luhut  said, that the two sides were looking for the peaceful solution and implementing the Indonesian way of cooperation and put aside the question on who was right and who was wrong.

However the establishment of the National Committee to solve the so-called the Human Right Violation in the past through the Non-Judicial Method, though it is    agreed and supported by a number of the Commissioners of the  National Commission on Human Right, but it is rejected by one  Commissioner of the National Commission on Human Right, namely Dianto Bachridi.

Meanwhile Kontras, one aggressive NGO strongly opposes the step of the Government to solve the case of the Human Right Violation in the past through the Non-Judicial Method.

According to Kontras  there are six cases of Human Right Violations that should be brought to the Court and the Defendants should be punished  because of wrong and should apologize to the victims  of the Human Right Violations.

The six cases which are  accused as the  case of Human Right Violation are,  the issue on brutality and the cruelty toward the members of the Communist Party in 1965, the security  suppression against the demonstration in Tanjung Priok  in 1984, Talangsari incidence in the eighty, Trisakti and Two cases of Semanggi I and II  security suppression against the student demonstration in ninety .

Lieut. General (ret) Luhut   definitely  answered  that the Court about the cases could never be done, all those six cases considered as the human Right Violation were to take place many years ago,  and it is impossible to find the credible witnesses and accurate facts.

The background of the situation could be clarified as follows :

Once in special Cabinet Meeting in 2015, President Jokowi decided that to solve the problem the so-called Human Right Violation in the Past, the Country should establish a special  National Committee to finish the so-called the Human Right Violation in the past through the Non-Judicial Method.

In line with the decision, in late 2015 the Government together with the National Commission of Human Right established  a National Committee mainly consist of the Government Elements and a number of Commissioners  of the National Commission on Human Right under the chairmanship of the Coordinating Minister of Political, Legal and Security Affairs, Lieutenant General Luhut Binsar Panjaitan. The  mission of this National Committee is to compose  the draft of the solution of the so-called Human Right Violation in the past through the Non-Judicial Method. The work of this national Committee is close to finish so that the process of to finish the so-called Human Right Violation in the past could be expected to be done  soon.

Unfortunately one aggressive NGO namely Kontras and one Commissioner of the National Commission on Human Rights  (Dianto Bachridi) do  not support this decision.  They  voiced pessimistic attitude to the success of the Committee established  by the Government together with three Commissioners of The National Commission on Human Rights. However this situation has not stopped the work of the National Committee on the Effort to Solve the Cases described as Human Right Violation in the past.

Conclusion

Likely President Jokowi   convinces  that the most possible steps taken to solve the problem of the so-called Human Right Violation in the past is through the Non-Judicial method, that  means the maximum  utilization of the essence of the Pancasila philosophy  and the National Constitution, the deep national cooperation. This step is called the Indonesian way to solve the national problem.

It is believed that the idea to regret on the whole cases considered as human right violation in the past is deeply mentioned and also the possible rehabilitation and compensation for the victims  are open. But not any statement  deciding who is true and who is wrong. And there is not also any one that should  apologize to another one else.

President Jokowi believes the solution of the so called the Human Right Violation in the past through Court is definitely impossible, considering various element needed by the court are not possible to be presented in Court, such as the additional facts and witnesses.

The  opposition and the rejection of a number of NGO and also one Commissioner of the National Commission on Human Rights  to the step of the Government together with the National Commission on Human Right is just  a political attitude that is not obliged  for the Government to follow. President Jokowi steps to finish the cases of the so called the Hunan Right Violation in the past,  politically and democratically  will be reported to the House of Representatives (DPR) and also The Regional Representatives (DPD), both are the main elements of the Peoples Consultative Assembly (MPR),  as the Government Responsibility Report.  All Political Party Factions are believed to support  the solution of the so called Human Right Violation in the past through “Non-Judicial Method”.

People are expected to think optimistically to the Government steps to solve the crucial problems that happened   in the past. This kind of political burdens should be agreed to be declared as finishes, no more exist, so that the Government and the whole Indonesian nation could focus  their  attention to the national development program.

*) Lieutenant General (Ret) Soedibyo,  former the State Intelligence Coordination Agency (BAKIN) Chief.