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MPRS decree on Communism cannot be used
Kompas - August 9, 2003
Jakarta – If the [August 1-7 annual session of the] People’s Consultative Assembly (MPR) determines that MPRS Decree Number XXV/1996 is not to be revoked, the MPR must state that this decree can no longer be used as legal grounds in the courts. This means that this decree cannot be used as a legal basis for actions [by the government or courts]. Aside from this, the government must also rehabilitate the reputation of the victims of the 1965 affair who are believed to have been involved in the Indonesian Communist Party (PKI). Even more so if the government promulgates the Law on the establishment of the Truth and Reconciliation Commission (KKR).
This [was the view] of Indonesian Institute of Sciences (LIPI) historian Asvi Warman Adam and researcher from the Centre for Strategic and International Studies (CSIS) Harry Tjan Silalahi a discussion titled “Parliamentarian’s Communist Phobia” which was aired by Radio Namlapanha on Thursday (7/8).
Asvi explained that the MPRS decree has often provided a legal basis for discriminative polices against those suspected of involvement with the PKI. On such example is the case of Ny Nani Nurani (62), a 1965 ex-political prisoner (tapol) who sued the sub-district head of Koja, North Jakarta, in the State Administrative Court because the sub-district head refused to issue a life-long identity card (KTP).
In its decision in July, the court found in favour of Nani, saying that [like other people of that age] the ex-tapol had the right to obtain a life-long KTP. However the Jakarta provincial government presented an appeal based on MPRS Decree XXV/1996.
“This decree must be revoked, but if the MPR has already decided not to revoke the decree, the MPR should make a recommendation that this decree can no longer be used as a legal basis [in the courts]”, said Asvi.
Harry Tjan Silalahi expressed a similar view. According to Silalahi, the decree cannot be used as basis for the law. All of the authority which is derived though legislation which is based on this decree must be reviewed and amended.
According to Asvi, the other thing which must be implemented is to immediately promulgate the Draft Law on the Truth and Reconciliation Commission. As well as uncovering the truth, this is because there has been a great deal of manipulation of the G30S/PKI case(1), reconciliation is also important to put aside [feelings of] revenge.
Not serious in protecting human rights
The Commission for Missing Persons and Victims of Violence (Kontras) believes the 2003 annual session of the MPR has not given serious attention to the protection of human rights.
“Particularly in handling cases of human rights violations in Aceh during the period of DOM(2) as well as afterwards. In reality, this agenda is clearly mandated by the MPR to the president”, said Kontras working body coordinator, Usman Hamid on Friday.
Usman explained that the Broad Guidelines of State Policy (GBHN) which were set out in the 1999 annual session dictates that the government must resolve the Aceh case justly and with dignity and to carry out an investigation and fair trials of human right violations, both during the period of DOM and after.
This is also the case in the resolution of cases of human rights violations in West Papa though a trail process which is fair and dignified as referred to in MPR Decree Number IV/1999. Other decrees which were issued by the MPR also require a judicial separation between civil and military courts as referred to in the results of the 2001 annual session of the MPR.
The fact is, continued Usman, is that the implementation of these decrees has not been carried out consistently. Although there is already a judicial separation between civil and military courts, the reality is that military courts are still being used. (win/VIN)
Notes:
1. G30S/PKI: Gerakan 30 September/Partai Komunis Indonesia, the September 30 Movement/Indonesian Communist Party. An acronym referring to the alleged coup attempt in 1965 which the New Order regime of former President Suharto blamed on the PKI. G30S was a grouping of middle ranking officers lead by Lieutenant Colonel Untung, who kidnapped and killed six generals whom they accused of being members of a "Council of Generals" allegedly organising a coup against founding president Sukarno.
2. From 1989 to 1998, Aceh was designated a special military operations area (DOM).
[Translated by James Balowski.]