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.