Ervana Trikarinaputri, Jakarta – The Commission for Missing Persons and Victims of Violence (KontraS) expresses deep concern over the continued stagnation of the legal process surrounding serious human rights violations, including the Semanggi I, Semanggi II, and Trisakti incidents. Despite decades of investigation, these cases remain unresolved. KontraS particularly highlights the Semanggi I tragedy, which occurred 26 years ago on November 13.
"The case files have been repeatedly transferred between the National Commission on Human Rights (Komnas HAM) and the Attorney General's Office without any significant progress," KontraS stated in an official release quoted on Wednesday, November 13, 2024.
Public information disclosure requests to Komnas HAM and the Attorney General's Office reveal that the latter institution claimed on September 30, 2024, that no investigations into serious human rights violations were currently underway.
In contrast, Komnas HAM reported on October 7, 2024, that the investigation files were last returned to the Attorney General's Office on December 21, 2018. "This situation certainly raises serious doubts about the commitment and accountability of state institutions in addressing the Semanggi I case as a serious human rights violation," KontraS asserted.
According to the organization, the prolonged legal process not only undermines the credibility of the judicial system but also perpetuates the suffering of victims and their families who yearn for justice.
Furthermore, during a Working Meeting with the House of Representatives (DPR) on January 16, 2020, the Attorney General declared that the Semanggi I and Semanggi II incidents were not classified as serious human rights violations based on the 2001 decision by the DPR's Special Committee (Pansus).
KontraS maintains that the Attorney General lacks the authority to make such a determination. According to the organization, this power rests solely with Komnas HAM, as stipulated in Article 18 of the Human Rights Court Law. Komnas HAM had already designated the Trisakti, Semanggi I, and Semanggi II incidents as serious human rights violations in 2002.
KontraS urges Komnas HAM and the Attorney General to strengthen their coordination and expedite the legal process for the Semanggi I tragedy. "By advancing the investigation files to the investigation and prosecution stages, as outlined in Komnas HAM's Investigation Report and mandated by Law Number 26 of 2000 concerning the Human Rights Court," KontraS demands.
KontraS further underscores the state's constitutional obligation to resolve the Semanggi I incident, as enshrined in Article 28I paragraph (4) of the 1945 Constitution, which stipulates that the state is responsible for the protection, promotion, enforcement, and fulfillment of human rights.