M Julnis Firmansyah, Jakarta – Presidential Staff office Deputy V, Jaleswari Pramowardhani, in a written statement on Monday confirmed that the government would continue to judicially pursue investigating severe human rights violations in the past.
This comes after President Joko Widodo issued a Decree on the formation of a team to solve past human rights issues non-judicially, which sparked public unrest as people perceived it as the government's way to non-judicially solve past issues.
"The Presidential Decree that was signed by President Jokowi does not mean attempts to legally, or judicially solve human rights violations will be annulled. The team's existence will coincide with attempts to solve severe human rights violations," Jaleswari wrote on August 22.
Jaleswari explained that judicial and non-judicial settlements would be complementary, not substitutes. He added that these two paths are needed to ensure that the settlement of human rights cases is carried out thoroughly.
In addition, Jaleswari said that based on the experience of other countries, the resolution of serious human rights cases was indeed carried out judicially and non-judicially. In Indonesia, Jaleswari said the government adheres to Law No. 26/2000 on the Human Rights Court for judicial settlement. Meanwhile, non-judicial paths can also be intervened through executive decisions.
The difference between the two is that the judicial mechanism is more oriented toward retributive justice. Meanwhile, non-judicial mechanisms are oriented towards the recovery of victims or victim centers.
"Non-judicial mechanisms allow for the realization of victims' rights, such as the right to know the truth, the right to justice, the right to reparation, and the right to satisfaction," he explained.
To date, Komnas HAM, or the National Commission for Human Rights is handling 12 cases of severe human rights violations. These cases include the 1965 Massacre, the 1989 Talangsari Lampung Incident, the 1997-1998 Enforced Disappearance of People, the 1998 Rumoh Geudong Aceh Incident, and the May 1998 Riots.
Then the Tragedy of Trisakti, Semanggi I, and Semanggi II, the 1998-1999 Shaman Santet Murder Incident, the Aceh KKA Simpang Incident on May 3 1999, the Wasior and Wamena Incident 2001, the Jambo Keupok Aceh Incident 2003, the Munir Murder, and the Paniai Incident.