SC told to issue opinion on KPP HAM

Tiarma Siboro, The Jakarta Post, Jakarta

The Supreme Court (SC) must issue a legal opinion on the controversy about whether or not military and police generals believed to be responsible for the Trisakti, Semanggi I and Semanggi II killings have to comply with the summonses issued by the National Human Rights Inquiry Team (KPP HAM), a constitutional law expert says.

Jimly Asshidiqie of the Association of Indonesian Muslim Intellectuals (ICMI) told reporters on Tuesday that both the generals and KPP HAM had to clarify their differences before bringing to court the three high profile cases of rights abuses.

"The Supreme Court is the appropriate institution to settle the dispute considering that a more suitable institution -- the Constitutional Court-- has yet to be established," Jimly said.

KPP HAM had earlier asked Chief Justice Bagir Manan to issue a legal opinion, but the latter refused, urging the inquiry team, instead, to summon the generals through the Central Jakarta District Court.

KPP HAM, which was set up by the National Commission on Human Rights (Komnas HAM) in 2000 to investigate alleged human rights abuses in the three fatal shootings, has summoned several high- ranking military and police officers, but none of them have answered the summonses, arguing that the inquiry team has no authority to conduct an investigation nor to summon the officers as witnesses.

KPP HAM has threatened to exercise its subpoena powers to force the generals to appear before the inquiry team.

Indonesian Military (TNI) Headquarters has continued to defy the summonses, and has even demanded the termination of the inquiry, asserting that the establishment of the inquiry team ran contrary to Article 18 of Law No. 26/2000 on ad hoc tribunals.

Maj. Gen. Timor P. Manurung, head of the Indonesian Military (TNI) legal section, also revealed to House Commission I for political, security, and foreign affairs earlier that the inquiry team lacked the President's support.

Separately, the inquiry team's secretary, Usman Hamid, asserted on Tuesday that the team had secured the support of President Megawati Soekarnoputri, who is also chairwoman of the Indonesian Democratic Party of Struggle (PDI-Perjuangan).

"When we (the inquiry's members) met with President Megawati late last year, she voiced support for the investigation into these cases, including the summoning of the generals.

"Should Megawati insist on resolving these cases, I guess all she has to do is to issue an executive order asking these defiant generals to answer the summonses," Usman said.