Ordered to resolve outstanding rights cases, AGO trots out same old excuses

Media Indonesia – December 15, 2020
Deputy Attorney General for special crimes Yuspar – Undated (Koran Pagi)

The Attorney General's Office (AGO) has responded to President Joko "Jokowi" Widodo request for the institution to resolve cases of past human rights violations.

The director for gross human rights crimes, Deputy Attorney General for special crimes Yuspar, explained that the AGO as the investigator can follow up on cases of gross human rights violations if they meet the formal and material criteria and the elements of a gross human rights violation are fulfilled.

Yuspar said that there are 13 cases of gross human rights violations which have been investigated by the National Human Rights Commission (Komnas HAM). After the AGO thoroughly examined and studied the cases, Yuspar said that the investigation dossiers had not yet met the formal and material requirements for a criminal investigation and prosecution.

"AGO investigators have already provided guidelines to Komnas HAM in accordance with Article 20 Paragraph (3) of Law Number 26/2000, but this has not been done or fulfilled by Komnas HAM so the case dossiers have being going back and forth without proper coordination", Yuspar explained to Media Indonesia on Tuesday December 15.

In simple terms, he said that if the investigation case dossiers do not meet the formal and material requirements then it cannot be taken to the criminal investigation stage. This is because the authority for conducting [a non-criminal] investigation is held by Komnas HAM.

Furthermore, Yuspar also explained that although cases of past gross human rights violations can be resolved through judicial channels, namely through an ad hoc Human Rights Court, this must have the agreement of the House of Representatives (DPR) and the president as stipulated under Article 43 of Law Number 26/2000 on a Human Rights Court.

"Although a resolution can be found through non-judicial [mechanisms] through compensation and rehabilitation of victims of gross human rights violations", he asserted. (OL-8)

[Translated by James Balowski. The original title of the article was "Diminta Jokowi Tuntaskan Pelanggaran HAM, Ini Respons Kejagung".]

Source: https://mediaindonesia.com/politik-dan-hukum/369118/diminta-jokowi-tuntaskan-pelanggaran-ham-ini-respons-kejagung