Activists from the Commission for the Disappeared and Victims of\nViolence (KontraS), Virdinda La Ode Achmad, have strongly condemned the\nJakarta Administrative Court\u2019s ruling, which rejected the lawsuit\ndenying the mass rapes of May 1998 carried out by Fadli Zon. The court\naccepted the plaintiff\u2019s exception from Fadli Zon and stated that the\nAdministrative Court lacks jurisdiction over the matter, under the\npretext of procedural grounds.<\/p>\n
\u201cWe see this as a step backwards that further perpetuates impunity in\nthis country and distances victims and their families, especially in the\ncase of the mass rapes of May 1998, and what about the enforcement of\nhuman rights in this nation,\u201d she stated during a press conference at\nthe National Commission on Violence Against Women office on Wednesday\n(22\/4).<\/p>\n
Furthermore, in the ruling issued by the Jakarta Administrative Court\npanel, Virdinda found numerous errors and irregularities that raise\nsuspicions of an effort to protect themselves and avoid a more\nsubstantial discussion of the case, namely the revelation of the truth\nregarding the facts of the mass rapes of May 1998.<\/p>\n
\u201cWe know that the ruling was made by three female judges: Panel Chair\nHastin Kurnia Dewi and two panel members, Ni Nyoman Vidi Ayu and Febrina\nPermadi. Instead of prioritising the far more substantial aspects of\nthis case, none of the three panel judges in their considerations\naddressed the merits of the case we submitted,\u201d Virdinda said.<\/p>\n
Virdinda emphasised that the 95 pieces of evidence submitted during\nthe trial, which lasted approximately six months, and the witnesses\npresented were not considered, nor were the various experts brought in\nduring the trial process.<\/p>\n
\u201cThis sets a bad precedent in dealing with the legal situation in\nthis country. The mechanism of checks and balances and oversight to test\nthe actions and administrative conduct of government officials in this\ncase, Fadli Zon, has been lost and ignored,\u201d she explained.<\/p>\n
\u201cThe panel of judges instead sought other loopholes to perpetuate\nimpunity wrapped in procedural aspects. Moreover, the absence of\ncorrective mechanisms by the judiciary in this case, the Jakarta\nAdministrative Court, indicates that they are instead prolonging the\nculture of impunity in this country. This shows the failure of the\nJakarta Administrative Court to serve as a channel of justice for\nvictims and their families, especially regarding the mass rapes of May\n1998,\u201d Virdinda continued.<\/p>\n
At the same venue, Public Lawyer from LBH Jakarta, Daniel Winarta,\nexplained that the Jakarta Administrative Court ruling does not comply\nwith Law No.\u00a030 of 2014 on Government Administration.<\/p>\n
\u201cThe judges here are using the logic of Law 5\/1986, which has\nactually been revised or developed since the enactment of Law 30\/2014.\nSo the judges did not assess the merits of the case but sheltered behind\nformal aspects, which we believe make the ruling erroneous, superficial,\nand poorly reasoned,\u201d Daniel said.<\/p>\n
\u201cWe also stated in SEMA 1\/2017 that the Administrative Court must not\nonly consider procedural justice, but as an implementation of judicial\npower according to Article 24 of the 1945 Constitution, the\nAdministrative Court must prioritise substantive justice. In this case,\nwe see that the Administrative Court did not consider substantive\njustice but only procedural justice,\u201d he added.<\/p>\n
According to him, this ruling is very dangerous for the rule of law\nin Indonesia if statements by officials that negate victims and deprive\nvictims of their right to justification and restoration can be justified\nwithout any oversight mechanism.<\/p>\n
\u201cFor us, this is very bad, and we will pursue legal remedies by\nappealing this ruling,\u201d Daniel said.<\/p>\n
Meanwhile, Chairman of the May 1998 TGPF, Marzuki Darusman,\nemphasised that the report produced by the TGPF, consisting of civil\nsociety elements in 1998 and state elements, namely civilian and\nmilitary officials, unanimously and by consensus determined that the\nfindings recorded by the TGPF during six months of work from May to\nDecember were fully accepted and declared as the actual findings in the\nfield, depicting various forms of violence that were more evidently\nfound not only in Jakarta but in various places in Indonesia.<\/p>\n
\u201cThe dimension of violence specifically targeted at women was\naffirmed in the TGPF report without a single dissenting voice. This was\nan effort by the reform government under President Habibie, who fully\nunderstood and recognised that what was reported to him was a national\ndisgrace at that time. That is why the TGPF was formed as the state\u2019s\nacknowledgment of the efforts undertaken since May,\u201d Marzuki said.<\/p>\n
\u201cSo there has already been verification and re-justification of what\nwas found by the volunteer teams. Thus, the factual position of what\nhappened, namely mass rapes against ethnic Chinese women, is strong,\u201d he\ncontinued.<\/p>\n
According to him, what was stated by Fadli Zon personally consists of\nmatters that differ and contradict the contents of the TGPF report.<\/p>\n
\u201cThat is why it needs to be emphasised that to avoid any doubt, Fadli\nZon should read the original TGPF report, because the original TGPF\nreport contains two names of high-ranking officials whose names I do not\nneed to mention again; that is the original TGPF report,\u201d he concluded.\n(H-2)<\/p>\n
\u201cIn my hands, I have 15 victims, the youngest named Fransiska in\nSouth Tangerang who was raped and died. I brought her body with the\nvolunteer team to Cilincing for cremation.\u201d<\/p>\n
The lawsuit to the Administrative Court supported by civil society is\nan important step after nearly three decades in which the issue of mass\nrapes has often been denied.<\/p>\n
The lawsuit was filed after Fadli Zon referred to the mass rape\nincident of May 1998 as a \u201cfantasy\u201d.<\/p>\n
The report of the Joint Fact-Finding Team (TGPF) that was formed<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/jakarta-administrative-court-ruling-on-denial-of-1998-may-rape-perpetuates-impunity-for-officials-1776844298", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }