M. Yamin Panca Setia

Ashen of Memory in November 1998

“SOMETIME, I feel tired,” said Maria Catarina Sumarsih. She deplored cause she has been exposed and looking for killer’s Benardinus Realino Norma Irawan who was dead shoted by Indonesia military in Trisakti tragedy at 13 November 1998. Irawan called name Wawan is Sumarsih’ son. Wawan was dead when he involved student demonstration pushed Soeharto steps down.

Wawan is one of military violantion victims. According to Sumarsih, Wawan shoted by military when intermediates to trip humanitarianism task in campus, two kilometers from parliement’s buildings. Just a few moments before shoted, Wawan has given signal to agency if he helping his friend. But, military insolent didn’t compromise with protester. They shoted, and destroyed campus. Many students were injured.

At 1998, Indonesia politic situation is chaotic. Many people at several locate down through street to demonstration. They pushed Soeharto regime power cause failed given walfare for citizen. Soeharto regime for 32 years became authoritarian government, failed given prosperity for Indonesian people. Soeharto regime also legalization corruptions, collusion, nepotism practice in government bureaucracy.

Up to 10 years, Sumarsih and her husband, Arief Priyadi, continually effort to uphold truth and looks for justice. Maria never will stop to effort finding killer’s Wawan.

With others victim family, they still often go to street for demonstration, lobbied parliament and politic party elits, and meet the attorney general.

Moreover, they have been lobbied international to help pushed Indonesian Government be more serious to law enforcement for human rights victims. They also has meet with President Susilo Bambang Yudhoyono on 26 march to remain the Indonesian government unforgiven and closed Trisakti’s case. They hope, President always given attention cause human rights case couldn’t clear until now. The law enforcement unsuccess exposed suspect who became human rights arsonist.

The law institution such as the attorney general showed bad track record exposed human rights case. They weren’t serious to actualize commitment, efforted law enforcement, and give punishment to several suspect who as the human rights arsonist.

Several documents after sent by The National Commission of Human Rights just like rubbers. The Attorney General never clear follow up information, research and investigate report about Trisakti tragedy from The National Commission of Human Rights.

On 1 April 2008, The Attorney General was sent back four documents predicted seriously violantion human rights case to The Nation Commission of Human Rights. The attorney general claimed that document uncomplete.

Four cases has been reported by The Nation Commission of Human Rights are Wasior-Wamena, Trisakti, Semanggi I dan II, and excision person used compulsion modus.

The head Nation Commission of Human Rights Ifdal Kasim complained when knew the Attorney General sent back documents human rights report.

He felt like ping pong ball. Ifdal said, it was no for first time attorney general sent back documents after the National Commission of Human Rights report about research, investigation and field observation. "So far, the attorney general never to do (follow up), althought documents has sent long time ago," said Ifdal.

The Nation Commission of Human Rights claimed has been finished investigate and observation to found human rights case. "We were just collect about information and fact. That information read by investigator officer,” said Ifdal. And then, the attorney general must investigation to found truth. Beforehand, the member The National Commission of Human Rights, Syafruddin

Ngulma Simeulue, have been urged the attorney general ught not to sent back that documents.

The Nation Commission of Human Rights also have been meet with the attorney general made same perception how founded solution and answered human rights case for past time.

But, the attorney general didn’t made more serious.

The head of law information attorney general BD Nainggolan reasoned, documents about Wamena-Waisor should sent back cause uncompleted like according section 20 (3), the law No.26/2000 about the human rights court.

He also reasoned, if documents about Trisakti, Semanggi I dan Semanggi II (TSS) was sent back because the suspect already trial and get punishment by the military court. In this case, he said, suspects being following infliction in the jail. They also got the sack from military institution.

Others documents about chaostic tragedy on Mei 1998 and erasion person used compulsion approach also sent back by the the attorney general cause still waiting formed the court of human rights ad hoc and prevail the lessened principle.

The human rights activist unaccept that reason. “What is cause that case have not diamond and money, but just bloods, and tear,” Usman Hamid, The Coordinator of the Commission for Missing Persons and Victims of Violence (Kontras).

That organization non government have been pushed the attorney general to more attention and serious, checked and investigation. Kontras also has sent letter to The Head of Attorney General Hendarman Supandji exhibitioned conference to discuss about solution so can expose human rights case can finish on past time.

"But, until now, they didn’t respons. I think, in level the attorney general must do concrete action,” he said. Usman hope, Presiden and infrustructure can follow up and find the effective methode to finish immediately.

Usman said, the Presiden’ authority is very big to intervention and responsible so can handle human rights case cause involved several former high official state. "President can take breakthrough with made the human rights court ad hoc, without parliament initiative,” he said.

President’s initiative accountable to Indonesia people for justice oriented. President also hope more optimum to realization government program to improvement victims condition after they misery for 10 years.

Special attention for all human rights victims also became responsible for all people so Indonesia can stop human rights case for next time.

Settlement human rights case can discontinue about cycle remember tragedy human rights case last time.

Senior Lawyer Adnan Buyung Nasution assess, the attorney general and the National Comission Human Rights must be compact to investigation human rights case.

The commission shold continue discussing with the attorney general. “How to open this case. What case? If they have been agreed, so we can collaborate,” said Nasution at Jakarta, several last day.

But, he predicted is not easy to expose the human rights case cause became Indonesia story process. "How we can set back process has been beenacted for long time ago, and we will open now. How? That’s not easy," he said.

Adnan who as became the member of The Law President Consultant proposed, to find solution needed politic policy, not use law again.

The attorney general stagnate to investigation human rights case made Kontras and several organization non government bring to human rights case to Universal Periodical Review (UPR) The United Nation in Geneva. They wiil always requested international attention so can pushed Indonesian government comply international standard law of human rights. UPR also control about solution mechanism to answer human rights case in countries.

Human rights Indonesia activist assess, Indonesian government reports has sent united nation for human rights uncompleted. About impunity, last human rights violantion image didn’t became important sub in report.

The former President Europe Commission Jose Manuel Barroso have been questioned the Indonesia Government at the high level conference in Helsinki (10/9/2006). Barroso questioned about Indonesian government effort to expose human rights case like Munir case.

Usman said, Baroso’s wish is representative 25 country involved in the Europe United Uni Eropa.

Moreover, Kofi Annan when still became secretary general of United Nation was sent Hina Jilani and Leandro Despouy. Jilani got responsible to help advocation for human rights case in the world. Despouy became special reporter to control the Indonesia court investigation human rights case. They were always controlled handle process about Indonesia human rights violation.

And then, they sent information to United National Meeting every years or via human rights The United Nation board whose meeting thrice for one year. They always review about law enforcement human rights in Indonesia.

The vice of Commission III Indonesian Parliament Ihza Mahendra assess, human rights issues became focus international society. He said, is possible for international to give punishment for Indonesia cause didn’t serious give justice for human rights victims.

M. Yamin Panca Setia

Photo by Tempo