The National Commission on Human Rights (Komnas HAM) and the Attorney General’s Office (AGO) have agreed to proceed with the settlement of the Semanggi tragedies following outcry over the attorney general’s statement that the cases were not examples of gross human rights violations.

The two institutions will work under the coordination of the Office of the Coordinating Political, Legal and Security Affairs Minister amid the government’s efforts to settle cases of past gross human rights abuses, including the Semanggi tragedies.

"No statement was made that denied that the Semanggi tragedies were gross human rights violations. It is all still in the process [of further investigation and legal deliberation]," Coordinating Political, Legal and Security Affairs Minister Mahfud MD said on Friday.

Mahfud clarified that all parties were on the same page regarding the issue and that the attorney general had cited a House of Representatives statement from 2001.

During a hearing with the House of Representatives Commission III overseeing legal affairs on Jan. 16, newly installed Attorney General ST Burhanuddin said the shootings in 1998, remembered as Semanggi I, and 1999, remembered as Semanggi II, were not extraordinary cases.

The Semanggi I tragedy that occurred from Nov. 11 to 13, 1998, saw more than 17 people killed during student protests against the 1998 special session of the People's Consultative Assembly and the Indonesian Military's involvement in politics and the civil service, known as dwifungsi (dual function)

The Semanggi II tragedy, which took place roughly one year later on Sept. 24, 1999, saw 12 more people killed during a student protest against the drafting of a danger mitigation bill (RUU PKB) that activists feared would increase the role of the military.

Burhanuddin said the tragedies were not categorized as gross human rights violations based on a plenary meeting at the House on July 9, 2001. The plenary session concluded an examination into the results of an investigation into the cases.

He also said investigations of some other cases of past human rights violations could not proceed as Komnas HAM had not provided sufficient evidence. 

His comments sparked outcry from rights activists and the family members of the victims, who criticized the government for showing a weak commitment to settling cases of past human rights abuses.

Mahfud MD said there were a number of obstacles that needed to be addressed to resolve such cases.

"This is a complicated matter as it involves verification, procedures and different regulations. For example, Komnas HAM follows the guidance of Law No. 26/2000 [on the establishment of ad hoc human rights courts], and the attorney general follows the guidance of the Procedural Law on investigation of cases that must be brought to the courts,” he said, adding that he would not set a deadline as further discussions were needed.

Komnas HAM chairman Ahmad Taufan Damanik said the investigation of the Semanggi tragedies had been finalized and that the coordinating minister had issued a recommendation on judicial deliberation and/or non-judicial processes for the Truth and Reconciliation Commission (KKR). 

"We [Komnas HAM] will sit together with the attorney general and the House under the provision of the coordinating minister. If the House invites us to the opinion hearings, we will definitely attend," he said.

The House has also welcomed further meetings to settle cases of past human rights violations including the Trisakti and Semanggi tragedies.

“As concluded during a Commission III meeting on Monday, the House will facilitate the settlement of past human rights violations together with Komnas HAM and the attorney general," Masinton Pasaribu, a lawmaker from Commission III that oversees legal issues told The Jakarta Post.

Regarding the exact timing, the Indonesian Democratic Party of Struggle (PDI-P) politician said the House would put the mater on the agenda of the next meeting or for early February.(trn)