Abdul Khalik, Jakarta – The House of Representatives' move to probe the abductions of democracy activists in the 1997-1998 period has received mixed reactions, with some pundits calling it politically motivated, and others supporting its legal validity.
On Wednesday, political experts were quick to criticize the probe as "politicking", pointing out that the retired military generals to be summoned by the House's special committee on the abductions were mostly presidential hopefuls, and that the probe would take place just months before the presidential election next year.
"Welcome to the period of politicking. We have reason to believe the committee's revival is politically motivated, considering the timing of the probe's announcement and the people linked to the cases," Paramadina University lecturer Bima Arya Sugiarto said.
Last week, committee chairman Effendi Simbolon announced the committee would summon several retired generals, including President Susilo Bambang Yudhoyono – Indonesian Armed Forces (ABRI) chief of socio-political affairs at the time – former ABRI commander Wiranto, former Army Special Forces (Kopassus) chief Prabowo Subianto, and former Jakarta military chiefs Sutiyoso and Sjafrie Sjamsoeddin.
Citing Effendi's status as a member of the Indonesian Democratic Party of Struggle (PDI-P), many observers claim the party is targeting rival parties and rival presidential candidates to PDI-P chairwoman Megawati Soekarnoputri.
Prabowo and his Greater Indonesia Movement Party (Gerindra) and Wiranto and his People's Conscience Party (Hanura) could provide stiff opposition to Megawati and the PDI-P in the 2009 elections, considering the three parties run on a nationalist platform.
The plan to summon Yudhoyono for questioning has also been dubbed an attempt by rival parties to tarnish his image ahead of the elections. "I'm sure the issue is only to remind the public that the retired generals have a tainted past," Bima said.
The National Commission on Human Rights (Komnas HAM) expressed similar concerns the probe could be used by House members to launch character assassinations against certain presidential aspirants from the military.
The commission warned the special committee against seeking political gain by disgracing the retired generals. "The cases should be investigated to serve justice for the victims, not for political benefit," Komnas HAM chairman Ifdhal Kasim told a press conference Wednesday.
He said a report from Komnas HAM last year found there were gross human rights violations committed prior to the fall of then president Soeharto. The cases cannot be closed because there are 13 democracy activists still missing, Ifdhal added.
The report, he said, had been submitted to the Attorney General's Office as preliminary evidence for opening a probe. But Attorney General Hendarman Supandji said his office could not investigate the cases because it would violate the "double jeopardy" principle, in which people cannot be tried twice for the same crime.
Padjadjaran University legal expert Rudi Rizki, however, said prosecutors had valid legal grounds to probe these abduction cases because the court had only tried and punished 11 low-ranking military officers, not the commanders.
"The 11 officers could not have acted alone, they must have received orders from their commanders. What the AGO can do now is to find command links between the officers and the commanders," he said.