REPUBLIKA.CO.ID, By: Nunun Wahyuni *)
The Coordinating Minister of Political, Law, and Security Affairs, General (ret) Luhut Binsar Pandjaitan to a group of journalist said on Thursday March 17, 2016 that the case of the so-called Human Right Violation of the past is expected could be finished soon.
It is hoped the final Draft of the Solution would be agreed by the Representative of the Government and the National Commission on Human Right on May 2, 2016. It is strongly believed the two sides are the main members of the National Committee to solve the so-called the Human Right Violation happened in the past as mentioned by President Jokowi after Limited Cabinet meeting last year.
It is likely The Government firmly decides that the “non-judicial method” will be used to solve the so called the Human Right Violation of the past and the operational draft would be declared soon. 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. The case of the so called Human Right Violation had been raised by some active Non Government Organization, such as Imparsial, Kontras and formal Organization the National Commission on Human Right mainly since the Reformation Era came to replace the New Order Era in Indonesia in 1999.
The various cases of the so-called Human Right Violation started to emerge politically since the era of President Abdurachman Wahid and President SBY, but the various demand of some Non Government Organization had become official demand coordinated by the National Commission on Human Right and was launched since the country had been under the leadership of President Jokowi. Likely the problem should be traced back until the Presidential campaign period was launched in the year of 2014.
Incidentally, President Jokowi since the Presidential campaign had promised to put the Human Right norms as the highly respected value in his government, if he were elected as the President. Jokowi, the Presidential Candidate won the election and was promulgated as the President in October 2014 and in one of his Special Cabinet meeting in the beginning of 2015 he decided to create the National Committee to solve the case of the so-called Human Right Violation and outlined his policy to take the non-judicial method to solve the case.
In the year of 2015 it was apparently no progress to be made in this case, because of various crucial situations were emerging and absorbing President Jokowi Cabinet busy schedule. Apparently this kind of situation has been considered as the standstill situation and various NGO considered the situation as the failure of President Jokowi to implement his Nawacita Agendas into reality. Nawacita is President Jokowi Agenda comprises of Nine Points of Important Problems including respecting Human Right. Various critique erupted among the NGO criticizing the Government failure to fulfill the Nawacita, as the Government Agenda.
How ever the Cabinet reshuffle in 2015 and the appointment of General (ret) Luhut Binsar Pandjaitan to become the Coordinating Minister for Political, Law and Security Affairs replacing Admiral Tedjo, apparently the effort to create the National Committee to solve the so-called the case of the Human Right Violation of the past could be realized and the Cabinet agenda to solve the case of the so called the Human Right Violation utilizing the “non-judicial” method is also expected to run.
The establishment of the National Committee to solve the so-called the Human Right Violation of the past is likely agreed and supported by the National Commission on Human Right, however it is not directly agreed by those of the Non Government Organizations such as Imparsial and Kontras. Most of the Non Governmental Organization such as Imparsial and Kontras tend to demand the solution of the so-called the Human Right Violation of the past to be solved legally through the Court.
The non-judicial method taken by the Government is called the Cross Road method which is not legally accepted and tend to be accused as the way to implement the impunity to those who are legally wrong. The Non Government Organizations however mostly are on the position that they have enough facts of those who are legally wrong and possibly to be presented in the court. However General (ret) Luhut Binsar Pandjaitan on behalf of the Government said, that the Court will need not only facts but also witnesses. It is impossible for the Non Government Organizations to present the credible witness to the Court.
According to the Non Government Organization there are seven 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.
General (ret) Luhut said it could never be done, all those seven cases considered as the human Right Violation were to take place many years ago, again it is impossible to find the credible witnesses and accurate facts. The seven cases which are accused as the case of Human Right Violation are, the 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, two cases of Semanggi security suppression against the student demonstration in ninety, and also the incident of Wamena and Wasior.
All of those people committed in those seven incidence are no one knows correctly where they are now staying or living. So that, to solve the so called the Human Right Violations through court is impossible. No one will apologize because no one knows to whom and why they should apologize.
All of this factors are taken into consideration and it is probably the best conclusion is the national declaration that all Indonesian were regretting to what had happened in the past history of our country and we are promising to prevent the repeating action to happen again.
Official press release concerning this matter had not been available, but answering the question of a number of journalist General (ret) Luhut Pandjaitan said it is expected the case on the so-called Human Right Violation is possible to be solved soon through the “non-judicial method”. We hope and we pray all of those people committing in the effort to end this national tragedy may God Bless you and success.
*) Political observer. Residing in Bandar Lampung.
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