Komnas HAM last resort for justice seekers
Komnas HAM last resort for justice seekers
M. Taufiqurrahman, Jakarta
Founded on Jan. 3, 1994, the National Commission on Human Rights
(Komnas HAM) has aimed to promote and protect the basic rights of
citizens.
However, in a country where the judiciary is accused by many
of being riddled with corruption, the commission has, in a way,
become the last resort for people seeking justice.
As a result, the commission is always inundated by requests
from complainants who believe there rights have been infringed
upon. Cases range from the seemingly trivial and nonsensical to
serious crimes against humanity.
A report from the commission shows that it registered an
average 15 requests per day -- 375 per month -- via written
statements or direct meetings with members and staffers of the
commission.
Some of the victims of alleged rights abuse persistently raise
their demands for justice with the commission.
Currently, there are 14 families who have been camping out in
front of the commission's office on Jl. Latuharhary in Central
Jakarta for the last nine months. They are part of the thousands
of "squatters" who were pushed out of their homes during the
Jakarta administration's eviction drive, mostly last year.
"We call on the commission to provide homes for us as soon as
possible and we will not leave the (commission compound) until
our demands are heeded. Komnas HAM is our last resort," Wati, one
of the evictees, told The Jakarta Post recently.
In another case earlier last month, the commission received a
complaint from a number of people claiming to be "independent"
presidential and vice presidential candidates who sought to
invalidate Law No. 23/2003 on presidential elections.
They consider the law discriminatory against them as it only
authorizes candidates who are nominated by a political party or a
coalition of political parties to run.
It was later decided by the commission that it could do
nothing to help them as the independent candidates had already
filed a judicial review of the law with the Supreme Court.
Article 91 of Law No. 39/1999 on Human Rights stipulates that
the commission is not allowed to handle a case which has already
been taken to the court.
However, apparently unaware of the stipulation, many lawyers
from around the country have also come to the commission when
cases they were involved in were not to their liking.
"I have frequently received complaints from lawyers who are on
the verge of losing a case. Some of them were prominent lawyers
from Jakarta and Medan," commission member Yuswaldi told the
Post.
Yuswaldi is also the commission's monitoring subcommittee
secretary.
He said the commission would reject any case that had reached
the court.
"It is crystal clear, if a case has been handled by the court,
Komnas can do nothing," Yuswaldi said.
However, the commission can make a compromise by issuing a
recommendation for the court to hear certain cases or demand the
execution of a court ruling.
Despite the mountain of cases and complaints, the commission
is always ready to lend a helping hand, Yuwaldi said.
Komnas HAM has lost two prominent members, now it has 21,
after the resignation of its deputy chairman Solahuddin Wahid who
is pursuing his political career as vice presidential candidate
with Wiranto and the Golkar Party, in addition to the death of
Mansour Fakih.
"With the resources at our disposal, we are still capable of
handling all complaints. Besides, not all complaints warrant a
special investigation team," Yuswaldi said.
The latest team of inquiry was set up by the commission to
investigate alleged crimes against humanity during the first six
months of martial law in Aceh last year.