Thu, 25 Jul 2002

The foibles and follies of the July 27 investigation

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

Justice has yet to be served nearly six years after the bloody attack on the then Indonesia Democratic Party (PDI) headquarters at Jl. Diponegoro 58, Menteng, Central Jakarta on July 27, 1996, in which five people died, 149 were injured and 23 others went missing.

Lawyer R.O. Tambunan of the Indonesian Democratic Defenders Team (TPDI), who represented the victims, said that President Megawati Soekarnoputri had no political will to solve the case.

"She could have told her subordinates to speed up the case when she was vice president, but she didn't do so, moreover today when she is President," he said.

However, lawyer Trimedya Panjaitan of the Indonesian Democratic Defenders Forum (FPDI) -- a splinter group of TPDI which supported Megawati -- blamed the establishment of the joint military-police team, assigned to probe the case.

"They've slowed down the legal process, perhaps they are afraid to investigate their seniors," he told The Jakarta Post.

The joint team was established in July 2000 upon the suggestion of the House of Representatives. The team comprises 70 members from the Military Police, military prosecutors, the Jakarta Police detective unit and the National Police detective unit.

The team replaced the National Police team, which had previously handled the investigation of the July 27 incident.

In fact, the July 27 incident was first handled by the Jakarta Police. The National Police later took over the case following an instruction from president Abdurrahman Wahid, that the police must probe the July 27 incident.

It was also Abdurrahman who permitted the joint team to question generals allegedly involved in the case.

Trimedya added that "procedures at the Jakarta Prosecutors Office" also played a part in delaying the legal process.

However, intelligence assistant to the Jakarta Prosecutors Office, R.J. Soehandoyo, claimed that the office had to return the case files to the joint team because they lacked the details to make indictments against the suspects.

"Witnesses have given unclear and conflicting testimony. If we insist on bringing the case to court, we will lose as the indictments are obscure," he asserted.

Earlier, National Police spokesman Sr. Comr. Prasetyo told reporters of his disappointment with the response of the prosecutors office.

"We delivered the case files several times, but they always returned them to us for further revision," he said.

In March, the joint team handed over nine dossiers to the prosecutors office. None were approved by the office.

The team has declared 10 military suspects and 12 civilian suspects.

The military suspects include former Jakarta military chief Let. Gen. (ret) Sutiyoso -- now the city governor --, former Jakarta Police chief Insp. Gen. Hamami Nata, former chief of National Intelligence Maj. Gen. Zacky Anwar Makarim.

The civilian suspects are former PDI chairman Soerjadi, former deputy chairman Alex Widya Siregar, former secretary-general Buttu Hutapea, party member Jonathan Marpaung and an executive of Pemuda Pancasila youth organization Yorrys Raweyai.

The joint team handed over three dossiers to the prosecutors office for the first time in September 2000. But the office returned the dossiers to the team citing a lack of evidence. It has happened several times to date.

Supporters of Megawati, who is known to have a close relationship with the military, have repeatedly urged the government to present the masterminds of the incident, including the generals, before the court.

They have conducted rallies each year on July 27 to commemorate the incident and to urge the government to resolve the case.

Until president Soeharto was replaced by president B.J. Habibie in May 1998, their efforts to push for legal proceedings against the people behind the incident, including military and police officials, had been largely unsuccessful.

The July 27 riot erupted during Soeharto's tenure.

At the time, a group of supporters of PDI's splinter faction, lead by progovernment politician Soerjadi and backed by elements in the former Indonesian Armed Forces (ABRI), raided and took over the party headquarters from supporters of ousted PDI leader Megawati Soekarnoputri.

Soerjadi replaced Megawati in a government-sponsored congress in Medan in May 1996. The headquarters takeover resulted in a clash between the two groups of supporters.

The police immediately investigated the case. The legal process took less than five months, starting from the police investigation to the end of the trial.

Unfortunately, the investigation and trial were only held against Megawati's supporters.

On Oct. 9, 1996, 124 of Megawati's supporters stood trial at the Central Jakarta District Court for involvement in the incident.