Report serves as test of govt<\/p>\n
By Stefanus Haryanto<\/p>\n
JAKARTA (JP): The May 1998 rioting in Jakarta,the worst unrest
\never in Indonesian history, made President Habibie's government
\nestablish a joint fact-finding team which is called TGPF (Team
\nGabungan Pencari Fakta). The main task of the TGPF is to collect
\ndata and information concerning the cause of the rioting, the
\nexistence of provocateurs, and the damage caused. For many
\nIndonesians, TGPF's findings are very important in identifying
\nthose responsible for inciting the unrest.<\/p>\n
After several delays, Marzuki Darusman as the chair of TGPF
\nfinally announced the result of TGPF's work on Nov. 3, 1998. In
\nits report TGPF confirms the fact that the riot was incited by
\nwell-trained individuals who disappeared after they succeeded in
\ninciting the people to loot and burn stores and houses mostly
\nbelonging to Indonesians of Chinese origin. Moreover, the report
\nalso confirms the occurrence of rapes and sexual attacks,
\nalthough the number of victims is lower than claimed previously
\nby several NGOs in Jakarta. The allegation that certain
\nindividuals in the armed forces took an active role in inciting
\nthe unrest is also mentioned in the report. With regard to the
\npossible involvement of Let. Gen. Prabowo Subianto in the riot,
\nTGPF recommends that the meeting at Kostrad HQ on May 14, 1998 be
\ninvestigated. Soon after the findings of TGPF were announced, the
\narmed forces commander Gen. Wiranto commented that TGPF had
\noverstepped its brief by providing analysis of the unrest instead
\nof just compiling facts.<\/p>\n
It seems that Gen. Wiranto's comment was a reference to the
\nTGPF recommendation that the meeting in Makostrad be
\ninvestigated. Although it is still controversial whether the
\nrecommendation to investigate the meeting in Kostrad is really an
\n\"analysis\" or not, the comment of Gen. Wiranto was lamentable
\nsince it could undermine the credibility of TGPF.<\/p>\n
After months of controversy, TGPF finally confirms that rapes
\nand sexual attacks actually happened during the rioting. This
\nfinding is the result of data gathering activities for several
\nweeks, and therefore it is not an analysis. From this point on,
\nit is the duty of the police to investigate and apprehend the
\nculprits. If for the reason of lack of evidence the police can
\nnot solve any case, they must declare it an unsolved crime.
\nHowever, it is deplorable if the police always insist on
\nreceiving complaints directly from the victims before initiating
\nan investigation, let alone demanding that the public provide
\nmaterial evidence of the occurrence of rapes.<\/p>\n
For the majority of victims, it is not the result of police
\ninvestigation that matters, but the acknowledgement that they are
\nvictims of serious crimes who deserve recognition and legal
\nprotection. At least, the police must try to investigate the
\ncrime although they may fail to solve a case for lack of material
\nevidence. If this is so, the victims will fully understand since
\nit is very difficult to apprehend culprits in such a riot
\nsituation. However, it is not right if the police declare any
\ncase a \"dark number\", since it is not dark but \"unsolved\".<\/p>\n
The fact that during the rioting several individuals or
\norganizations were involved in inciting the unrest makes many
\npeople wonder whether Habibie's government is willing or able to
\nenforce the law or not. If President Habibie is serious with his
\nstatement about upholding the principle of the rule of law, he
\nmust order the commander in chief of the armed forces to conduct
\nthorough investigations and to ensure all parties responsible for
\ninciting the unrest are held criminally responsible for their
\nactions. Any action undertaken by Habibie is really crucial in
\ndetermining his seriousness in making Indonesia a democratic and
\nlaw-abiding country.<\/p>\n
If Habibie's government ignore the findings of TGPF, let alone
\nreject them, the government will lose its credibility in the eyes
\nof the people. If this happens, the government will not only be
\ncondemned by its own people but also by the international
\ncommunity. This will make it almost impossible to attract foreign
\ninvestments or to revive the Indonesian economy which has been
\nhard hit by the monetary crisis.<\/p>\n
In conclusion, the findings of TGPF are really a test of
\nPresident Habibie's political will to change Indonesia into a
\ndemocratic country. If Habibie fails to respond accordingly, he
\nwill surely be noted in Indonesian history in \"red-ink\" as a
\nloser. I hope Habibie is smart enough to better position himself
\nin the making of Indonesian history.<\/p>\n
Stefanus Haryanto is a lawyer and lecturer at the Faculty of
\nLaw Of Parahyangan Catholic University.<\/p>",
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