Military refuses to testify in May 1998 riots inquiry
Tiarma Siboro and Muninggar Sri Saraswati, The Jakarta Post, Jakarta
The Indonesian Military (TNI) is defending its stance in ignoring a subpoena by an inquiry of the National Commission on Human Rights (Komnas HAM) into the deadly 1998 May riots, arguing that the investigation has no legal basis.
TNI's legal department head Maj. Gen. F.X. Sukiman says that its military officers are ready to testify if Komnas HAM employs the existing laws in the country as the legal basis for its inquiry.
"Go ahead with the inquiry. But we object to Komnas HAM's summoning of generals and former generals without prior approval from the House of Representatives," he told reporters in a press conference at the military headquarters on Friday.
Sukiman was referring to Article 43 of Law No. 26/2000 on human rights tribunal. Paragraph 1 of the article stipulates that a human rights tribunal is responsible for the prosecution of the perpetrators of human rights violations.
Paragraph 2 of the same article stipulates that the tribunal is conducted following a proposal from the House.
The military has frequently invoked the article to avoid Komnas HAM's inquiries into possible rights violations. They used the same argument to avoid the inquiry into the fatal shooting of students in the Trisakti and Semanggi incidents in 1998 and 1999.
Salahuddin Wahid, who heads the Komnas HAM team for the May riots, maintains they have the legal authority to summon victims, witnesses and other parties suspected of committing rights violations, and to ask the court's help to bring those people for questioning.
"They (TNI) have their legal argument, so do we. Therefore, we have asked the court to settle the dispute," he told reporters in his office.
The commission has asked the Central Jakarta District Court to subpoena some 20 former and active military and police officials over the case after the officials ignored Komnas HAM's summons twice.
Those to be subpoenaed include former Armed Forces chief Gen. (ret) Wiranto, former Army's Strategic Reserves Command chief Lt. Gen. (ret) Prabowo Subianto and former Jakarta Military commander Maj. Gen. Sjafri Sjamsoeddin.
Salahuddin argued that "it is true that paragraph two of Article 43 requires that a tribunal is only made possible through a proposal from the House. But how can the House make the proposal without charges presented by the human rights tribunal? Charges can only be made after an inquiry."
Salahuddin said the commission would resume their inquiry without testimonies from the military officers if the court rejected their request.
The result would be submitted to the Attorney General's Office, he said.
Komnas HAM is seeking further evidence after concluding that the state had violated people's rights during the May 13 and May 14 riots, which took more than 1,200 lives across the country. No state security officers were around to stop the rioters and prevent the tragedy.
Komnas HAM is a state apparatus established under Law No. 39/1999 on human rights. It is mandated to examine legislation related to human rights, to educate the public about human rights, to observe and investigate human rights implementation and to mediate between disputing parties over human rights violations.