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.