Ad Hoc Human Rights Judge Candidate Vows to Reject All Pressure

A candidate for ad hoc human rights judge, Roki Panjaitan, has emphasised the importance of judicial independence in adjudicating cases of gross human rights violations. He stated that a judge must be capable of rejecting all forms of pressure.

This statement was made during his fit and proper test at the House of Representatives (DPR) in Senayan, Jakarta, on Wednesday. Panjaitan explained that cases of gross human rights violations possess a particular complexity.

“Human rights cases, especially gross human rights violations, are indeed complex and special in nature because the investigation is conducted by the National Commission on Human Rights (Komnas HAM) before being handed over to the Attorney General,” he said.

Drawing on his experience handling several major human rights cases in Indonesia, he stressed that a judge must safeguard their independence. “A judge must be independent and impartial in trying a case. As per the topic given to us, the guarantee of a fair trial means rejecting all pressure, both internal and external,” he elaborated.

Panjaitan further noted that the guarantee of a fair trial is essential in handling gross human rights violations, ensuring that the process adheres to the due process of law from the initial stages through to the verdict.

He described gross human rights violations as extraordinary crimes and cited the 1999 East Timor case as an example that drew significant international attention and pressure, which ultimately led Indonesia to establish its Human Rights Court.

Panjaitan also addressed the command responsibility provisions within the Human Rights Court Law. He explained that these provisions allow for both military commanders and civilian superiors to be brought to trial. “A military commander can be brought to court if they failed to take appropriate action against their troops who committed violations against the civilian population,” he said. “Furthermore, civilian superiors, such as a mayor or governor, despite being civilians and non-combatants, can also be subject to trial for gross human rights violations as stipulated in Article 42 paragraph (2) letters a and b.”