Benjamin says it's time to improve human rights

Benjamin says it's time to improve human rights

JAKARTA (JP): Benjamin Mangkoedilaga had been a judge for over
35 years when he decided to resign. Last December he was
appointed as a member of the National Commission on Human Rights.

Born in Garut, West Java, in 1937, Benjamin started his career
as a judge in Rangkasbitung, West Java, after graduating in law
from the University of Indonesia in 1967. He had been a judge at
several district courts in the country including Jakarta,
Denpasar and Bandung, before he was transferred to the Jakarta
Administrative Court in 1992. In 1995 he made the headlines when
he ruled against the minister of information responsible for
banning Tempo magazine.

Benjamin was later sent to Medan, where he headed the Medan
High Court and then the Medan Administrative High Court. In March
1998 he returned to Jakarta to become a judge at the
administrative court until he was appointed as a member of the
human rights commission.

Last week, President Abdurrahman Wahid proposed Benjamin be
named the new chief justice to replace Air Vice Marshall (ret.)
Sarwata, who had been in the post since 1996. The final decision,
however, is in the hand of the House of Representatives.

Below is an excerpt of an interview with The Jakarta Post.

Question: During your term as a member of the National
Commission on Human Rights, what do you observe?

Answer: I learn that human right violations still occur and
many of them remain unsettled. And there are many government
officials who do not really understand about human rights.

Q: It seems that the condition of human rights in Indonesia is
very poor...

A: Don't say poor, I would say belum memuaskan (not yet
satisfactory).

Q: With human right violations in East Timor, Aceh, Ambon and
other terrible cases, can't we say that the condition is really
bad?

A: It has not been satisfactory.

Q: What should the government do to improve human rights?

A: They must make officials understand human rights so that they
really respect them.

Q: How about the idea to establish a truth and reconciliation
commission?

A: A (truth and reconciliation) commission can settle human right
violations which can not be handled by our law, for example if
they are difficult to prove. Under this concept, the people
responsible for the violations are expected to make an apology,
and the victims should receive compensation.

A brainstorming session to draft the bill is now in process,
greatly involving NGOs. The government is only playing a small
role. This is a good idea to settle unsolved human right cases.

Q: How do you see the new government?

A: They have already made a good start, for example by appointing
a state minister for human rights. And then the massive human
right cases, like the ones in Aceh and in Ambon, will be directly
handled by national leaders. That is a good idea, even though it
has not been realized.

Q: What is the first thing the state minister of human rights
should do?

A: He has to educate government officials about human rights.
According to the decree of the People's Consultative Assembly,
the government is responsible for the implementation of human
rights.

Q: You were a judge, but then you decided to join the National
Commission on Human Rights. Why?

A: Because I felt that I had done my best in the judicial field.
I was at the peak and I did not want to be contaminated. It is
like when you are having a party: Finish the event while it is at
its peak, don't do it when it is low so that the guests will miss
it. I learned about this when I took a course on how to become a
master of ceremony in 1962 when I was a student. I didn't mean to
become an MC, but there is nothing wrong learning about useful
things.

Q: On Tuesday President Gus Dur said he wanted you to be named as
the chief justice...

A: It is a great honor. I will not refuse it if the people and
the country need me, especially if it is mentioned by the head of
state.

Q: What would you do if you were a chief justice?

A: I will not talk about "if". It has not been decided.

Q: What do you think are the most important things to settle?

A: All things are important. Everybody is equal before the law.

Q: How do you see the legal condition at present?

A: We suffered a backlash under Pak Harto's (Soeharto) regime.
The judges corps was infected by a virus. They were suffering
from social diseases, fraud, corruption, collusion and nepotism.

Q: Soeharto is no longer in power...

A: Now, there are many parties who want to go back to basics, to
have a good state administration. I observe that in the
government of Gus Dur and Mega, there has been some improvement
as they have replaced many officials.

Q: But there are still people from the New Order government who
are in the Cabinet...

A: That's political. The President has the right to appoint his
aides. And all of us, including yourself, cannot be apart from
the old culture, but it depends on the degree.

We are all guilty for the unsatisfactory condition of human
rights here, for the violations. At the very least, we didn't
take action to straighten those things.

Q: Do you feel guilty?

A: Clearly yes. Yet, I had the chance and ability to help change
these conditions with my controversial decision on the Tempo
case. At that time, when many people did not dare to speak the
truth, I accidentally got the opportunity and the ability to do
so. Many people were able but they did not get the chance. On the
other hand, many people got the chance, but they did not have the
guts or the capability.

Q: There are human rights violations because of poor legal
conditions...

A: The two conditions are intertwined. Human right violations are
also legal violations.

Q: So, if we want to improve human right conditions, we must also
improve legal conditions...

A: Yes, but what's more important is to improve peoples' mental
condition because things are now in a mess because of moral and
mental erosion.

Q: It will take a long time...

A: But if we don't start from now, there won't be any change, any
improvement. We have to start it and whether or not it will be
successful, let's leave it to God. (sim)