Truth and Reconciliation Decree Annulled
Friday, 08 December, 2006 | 13:01 WIB

TEMPO Interactive, Jakarta: The judges’ panel of the Constitutional Court decided to grant the request to annul State Decree No.27/2004 on the Truth and Reconciliation Commission.

The judges’ panel said the decree opposes the 1945 Constitution. “By this sentence, the Truth and Reconciliation Commission Decree does not have binding power,” said the head of the Constitutional Court, Jimly Asshiddiqie, during the plenary trial of the Court yesterday (7/12).

In the sentence, the judges’ panel considered the result of the Court meeting, Monday (4/12) that all provisions in the Truth and Reconciliation Commission Decree wasn’t able to be carried out. In addition, the Decree does not have legal consistency so it causes legal uncertainty. “The authority of the Truth and Reconciliation Commission appears to be uncertain because it does not have binding power.”

However, at the end of the sentence, Jimly said the sentence does not mean that the Court stops its efforts to solve human rights violations in the past by reconciliation. “There are many ways to reconciliate, for example, by political policy for rehabilitation and general amnesty,” he said.

In response , Asmara Nababan, representing the petitioners, said that the Court found many weaknesses in Decree No. 27/2004. However, he said, the sentence took the position of human rights in the past back to point zero.

Sandy Indra Pratama