Aceh Human Rights Cases Suggested Via Truth Commission
Wednesday, 24 May, 2006 | 20:35 WIB

TEMPO Interactive, Jakarta: Muladi, Governor of the National Resilience Institute (Lemhanas), has suggested that Aceh human rights cases could be resolved through the Commission for Truth and Reconciliation (KKR).

If the cases are to be resolved through the human rights court, there is concern that this could open old wounds.

“Aceh is already settled. The peace is here, and old wounds shouldn't be opened again,” said Muladi after the 41st anniversary of Lemhanas at Jakarta, yesterday (23/5).

If the KKR decree is inadequate, Muladi suggested that it be improved soon.

He said that human rights violation cases can be resolved in two ways.

First, settling matters through the KKR.

This will be taken if those involved admit committing acts of human rights violations.

The victims will receive compensation and the accused will receive amnesties.

However, if the accused do not admit guilt and there is no evidence, the case must be resolved through a second way, at a human rights court.

If those accused are put in trial by the KKR and found guilty but are unwilling to admit to their acts, they will be taken to the human rights court.

According to Muladi, the retroactive principle may be implemented in the human rights violation cases that took place prior to State Decree No.26/2000 being put into effect by the ad hoc court.

However, implementing this principle must meet several conditions, such as crimes against humanity be proven systematically, be aimed towards civilians and be the obligation of the state's policies.

Last but not least, they have to be approved by the House of Representatives (DPR).

Muladi said trials at the human rights court that can be held retroactively must meet these standards.

This is because it is a common occurrence during an army conflict.

In addition, the victims were from both sides.

Indonesian Military (TNI) Commander, Marshal Djoko Suyanto, said he felt that the retroactive principle must be very carefully considered.

“Was it only TNI personnel who committed human rights violations there? This must be analyzed,” said Djoko.

He confirmed that human rights violations were not only committed by TNI personnel.

“But this doesn't mean I don't agree with the retroactive principle,” he said.

Djoko said that attention should be paid to how far the principle can be implemented.

“Don't just put it into effect as regards one side only,” he said.

Djoko went on to ask whether Indonesia would apply the retroactive principle going back thousands of years or fifty years.

“Is the principle contained in Indonesian law?” he asked.

Fanny Febiana and Aguslia Hidayah