Report serves as test of govt

Report serves as test of govt

By Stefanus Haryanto

JAKARTA (JP): The May 1998 rioting in Jakarta,the worst unrest
ever in Indonesian history, made President Habibie's government
establish a joint fact-finding team which is called TGPF (Team
Gabungan Pencari Fakta). The main task of the TGPF is to collect
data and information concerning the cause of the rioting, the
existence of provocateurs, and the damage caused. For many
Indonesians, TGPF's findings are very important in identifying
those responsible for inciting the unrest.

After several delays, Marzuki Darusman as the chair of TGPF
finally announced the result of TGPF's work on Nov. 3, 1998. In
its report TGPF confirms the fact that the riot was incited by
well-trained individuals who disappeared after they succeeded in
inciting the people to loot and burn stores and houses mostly
belonging to Indonesians of Chinese origin. Moreover, the report
also confirms the occurrence of rapes and sexual attacks,
although the number of victims is lower than claimed previously
by several NGOs in Jakarta. The allegation that certain
individuals in the armed forces took an active role in inciting
the unrest is also mentioned in the report. With regard to the
possible involvement of Let. Gen. Prabowo Subianto in the riot,
TGPF recommends that the meeting at Kostrad HQ on May 14, 1998 be
investigated. Soon after the findings of TGPF were announced, the
armed forces commander Gen. Wiranto commented that TGPF had
overstepped its brief by providing analysis of the unrest instead
of just compiling facts.

It seems that Gen. Wiranto's comment was a reference to the
TGPF recommendation that the meeting in Makostrad be
investigated. Although it is still controversial whether the
recommendation to investigate the meeting in Kostrad is really an
"analysis" or not, the comment of Gen. Wiranto was lamentable
since it could undermine the credibility of TGPF.

After months of controversy, TGPF finally confirms that rapes
and sexual attacks actually happened during the rioting. This
finding is the result of data gathering activities for several
weeks, and therefore it is not an analysis. From this point on,
it is the duty of the police to investigate and apprehend the
culprits. If for the reason of lack of evidence the police can
not solve any case, they must declare it an unsolved crime.
However, it is deplorable if the police always insist on
receiving complaints directly from the victims before initiating
an investigation, let alone demanding that the public provide
material evidence of the occurrence of rapes.

For the majority of victims, it is not the result of police
investigation that matters, but the acknowledgement that they are
victims of serious crimes who deserve recognition and legal
protection. At least, the police must try to investigate the
crime although they may fail to solve a case for lack of material
evidence. If this is so, the victims will fully understand since
it is very difficult to apprehend culprits in such a riot
situation. However, it is not right if the police declare any
case a "dark number", since it is not dark but "unsolved".

The fact that during the rioting several individuals or
organizations were involved in inciting the unrest makes many
people wonder whether Habibie's government is willing or able to
enforce the law or not. If President Habibie is serious with his
statement about upholding the principle of the rule of law, he
must order the commander in chief of the armed forces to conduct
thorough investigations and to ensure all parties responsible for
inciting the unrest are held criminally responsible for their
actions. Any action undertaken by Habibie is really crucial in
determining his seriousness in making Indonesia a democratic and
law-abiding country.

If Habibie's government ignore the findings of TGPF, let alone
reject them, the government will lose its credibility in the eyes
of the people. If this happens, the government will not only be
condemned by its own people but also by the international
community. This will make it almost impossible to attract foreign
investments or to revive the Indonesian economy which has been
hard hit by the monetary crisis.

In conclusion, the findings of TGPF are really a test of
President Habibie's political will to change Indonesia into a
democratic country. If Habibie fails to respond accordingly, he
will surely be noted in Indonesian history in "red-ink" as a
loser. I hope Habibie is smart enough to better position himself
in the making of Indonesian history.

Stefanus Haryanto is a lawyer and lecturer at the Faculty of
Law Of Parahyangan Catholic University.