M. Yamin Panca Setia

Talangsari Tragedy Have Been Forgotten

TRAGEDY Talangsari, East Lampung on 1989 had became bad story in this country. But, Talangsari called gross violation of human rights have been forgotten by government.

From investigation organized by The Commission for Missing Persons and Victims of Violence (Kontras) and others non government organization (NGO) such as Komite Smalam, LBH Bandar Lampung, LBH Semarang, YAPHI Solo, at least 167 people were killed, 88 people were disappeared, 164 people were arrested, 48 people were imprisonment by unfair jurisdiction process.

On 9 September 2008, the National Commission on Human Rights (Komnas HAM) have been called Talangsari tragedy as gross violation of human rights. From investigation, Komnas HAM had found evidence of systematic and widespread killings, torture, demolition and the displacement of villagers.

According the Law No. 26/2000 about The Human Rights Courth, Komnas HAM responsible only to investigation. And then, the Attorney General's Office (AGO) must follow up, investigate and prosecute used Komnas HAM recommendation to interrogate, investigation indept, and call several Indonesian military elits who predicted became suspect.

Komnas HAM’s report has sent to AGO on thursday (18/9). The AGO urged follow up Komnas HAM’s recommendation to expose Tragedy Talangasri. But, unfortunately, The AGO didn’t serious to follow up Talangsari Komnas HAM’s recommendation.

The AGO spokesman Jasman Panjaitan reasoned, to investigation to expose Talangsari can be fail if not used jurisdiction process by The Human Rights Court Ad Hoc that developed by the House of Representatives (DPR).

Without formal requirement, the AGO’s investigation can be fail for law, that needed the Human Rights Adhoc to Talangsari,” he said. Because that, Jasman added, the AGO’s investigation shall not be follow up Komnas HAM recommendation.

Defense Minister Juwono Sudarsono also has announced, if Departement of Defence ready to express Talangsari’s case if The House of Representative (DPR) has made The ad hoc human rights court. Sudarsono assess, politic policy from DPR very important. Talangsari’s case needed the politic policy as law for the attorney to began investigation, because retroactive principle can’t used for all case.

The AGO’s reason can be indicate if Talangsari solve will be neglect like other human right case, such as Trisakti I dan II, Semanggi and massa conflict on May 1998.

"I worry about Talangsari’s case can be like Semanggi I, II, Trisakti that until now is not clear only because long debate about the ad hoc human rights court,” said Trimedy at the parliament building at Jakarta, several last day.

Trimedya hope, the AGO doesn’t waiting parliament recommendation to made The Ad Hoc Human Rights Court. Politician from the Indonesian Democratic Party of Struggle (PDI-P) said, although the Law No.39/1999 about the National Commission on Human Rights arranged about parliament recommendation, but the AGO should be use others opportunity to hasten human rights violation investigation that has been recommendation from Komnas HAM.

"Actually, the AGO can investigation without parliament recomendation. It’s just about law interpretation,” he said. Trimedya said, the Commission III will to study Komnas HAM’s report.

He hope, Komnas HAM sending Talangsari’s report to parliament as soon as possible. The Komnas HAM deputy chairman M. Ridha Saleh said, the AGO can follow up Komnas HAM’s report without should waiting a forming the Ad Hoc Human Rights Court.

Ridha said, after six days Talangsari’s report published by Komnas HAM, Talangsari’s document must sent to the AGO’s. But, he said, Komnas HAM has deplored because the AGO’s didn’t interested to solve Talangsari case.

"Actually, not like that. If used the Law No.26/2000 about The Human Rights Court, The Attorney General must direct investigation without must waiting the Human Rights Court formed by parliament. Ridha added, the Attorney General can use facts had found by Human Rights Commission to investigation.

He said, Talangsari is crucial case. “Don’t only look at law prespective. But, others perspective. Victim’s perspective, and state’s perspective. We don’t want this problem become state’s disease,” he said.

Tragedy Talangsari have been forgotten by state. Year to year after the government regime changedm the victims still suffered. They also got terror and intimidation from someone who afraid if Talangsari Tragedy more indept know to public.

Peace approach by Islah can’t gave justice for them. Moreover, that approach just gave negative impact for them and ditrubed a social relation.

Tragedy Talangsari is not only as ordinary crime, but included as gross violation of human rights done by military approach.

Tragedy Talangsari repressive action that used by Soeharto regime. Many facts showed, several soldier have been attacked Talangsari’s citizen. Tragedy Talangsari happened because government distrusfully to Islam community that named Pengajian Warsidi. They accused disagreed with Pancasila as state ideology.

The General Soemitro in her autobiography book, the tittle is Pangkoptamtib Soematiro Soemitro dan Peristiwa 15 Januari 1974, explained, to the Islam, the new era (orde baru) government leader by Soeharto, and army, has knew, if popularity Islam politic power has incrased.

After the regime of Communist Indonesia Party broke, Islam popularity be develop, and made imbalance politic in Indonesia. Islam groups get opportunity to make more stronger position in politic.

Meanwhile, the Indonesia Army knew if in Islam groups still life radical that can used to destroy communist. Soekarno, the former Indonesian President said, Indonesia soldier are Indonesia citizen who life in the Unitary State of the Indonesian Republic (NKRI) and used Pancasila as state principal.

Moreever, the state institution involved to develop frame politic that legally repressive action as policy government leader by Soeharto just to defend Pancasila as ideology state.

The People's Consultative Assembly (MPR) at plenary meeting on 1978 was published TAP MPR No. II/MPR/1978 about Pedoman Penghayatan Dan Pengamalan Pancasila (Ekaprasetia Pancakarsa) used as driver became Pancasila as just one principal state.

But, the United Development Party who as Islam politic party, disagree. On Desember 1978, President reformed a structure Kopkamtib by presidential decrees No.47/1978. That policy have two substantial jobs are made stability security from communist rebel, and others radical action include Islam radical.

All security apparature in Jakarta, and local region involved to defend stability in all Indonesia area. On 27 January 1989, The subdistrict head Way Jepara, Zulkifli Maliki sent letter to Capten Soetiman (Danramil Way Jepara). In the letter, Zulkifli told if in Cihideung Village, he indentified about religion activity distrusful.

Based Zulkifli’s report, on night, 5 February 1989, several army from Kodim Metro cathed six moslem younger when still patrol at village. They distrusfully as a members recitation of the Quran congregant in Talangsari.

On 6 February 1989, Major E.O Sinaga with several soldier from Koramil Way Jepara invited village. They weren’t friendly with people ini Cihideung, and made conflict with several people at Cihideung, and made Capten Soetiman die.

After that, on 7 February 1989, about 04.00 WIB, several soldier leader by Danrem Garuda Hitam 043, Colonel Hendropriyono attacked Cihideung. Until now, about 246 recitation of the Quran congregant lost.

Village’s Cihideung ablaze and closed for public. And then, several of them cathed, compulsion eviction, persecution, and mistreatment.

Kontras and others NGO predicted, that fact conected with elit military stattement Pangdam II Sriwijaya, R. Sunardi, “Lampung case must stoped as soon as possible. 19 arrested, 250 people are fugitive.”

And then, public prosecutor used UU No.11/PNPS/1963 (Subversive Law) to punishment for victims as rebel and makar because they accused tried to change Pancasila with Al-Qur’an and Hadits as be state ideology.

M. Yamin Panca Setia

Photo : Tempo