Margareth S. Aritonang, Jakarta – The Committee for Dutch Honor Debts (KUKB) Foundation will file a fresh lawsuit with the United Nations Security Council against the Netherlands, demanding the Dutch government give de jure recognition of Indonesia's Independence Day on Aug. 17, 1945.
Through the lawsuit, the KUKB expects the UN Security Council to set up a rights tribunal to bring Dutch veterans to trial for "gross human rights violations" committed by the Dutch government following the 1945 independence declaration by Indonesia's first president, Sukarno.
The Dutch government officially recognized Indonesia's independence on Dec. 29, 1949.
"It's really important for us to have de jure recognition from the Dutch government as it will force the Netherlands to admit that what the government referred to as a 'police action' during the years after independence was actually military aggression against a sovereign country," KUKB chairman Batara Hutagalung said recently.
"By admitting such military aggression, the Dutch government must take responsibility for the war it caused," he carried on. "History shows that the Dutch began a second military campaign in Indonesia on Dec. 19, 1948, just nine days after it signed the UN Declaration of Human Rights. How can we stay silent on the massacre of thousands of Indonesians?"
The KUKB has previously assisted a group of widows and relatives of victims of the Rawagede massacre, for which the Dutch government has been found guilty, as ruled by a Dutch court. The Dutch government has officially apologized to the families of the victims and paid $20,000 in compensation.
Batara cited the progress made in the Rawagede case as a platform for further moves. "We have conducted years of thorough studies before we came to this decision. Many individuals and groups from both Indonesia and the Netherlands have supported us. But we need to also gain official support from the government," he said. The KUKB is setting up a legal team to prepare the lawsuit.
University of Indonesia international law professor Hikmahanto Juwana said "the state's support is crucial as it is only the state that can officially endorse the lawsuit at the UN."
"The KUKB has started the initiative and it is important for the government to officially back it, otherwise it will hard for us to submit the lawsuit. Once submitted, the road to setting up ad hoc tribunals like the Nuremberg or Tokyo tribunals will be opened," Hikmahanto said.
Aware of the importance of engaging the state in the matter, KUKB representatives met the People's Consultative Assembly (MPR) last Monday to ask the MPR to discuss the matter with the government, as the KUKB's previous discussions with the country's executive were deadlocked.
On Wednesday, MPR chairman Sidarto Danusubroto promised he would press the matter with the government during a meeting later in the year. "We fully support the significance of the plan for this lawsuit. We are with the KUKB on this matter. Now, we need to also ensure the government supports it," Sidarto said.