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Attorney general to appeal ruling on Semanggi cases
A Jakarta State Administrative Court ruling has found a substantial flaw in Attorney General ST Burhanuddin's statement on the Semanggi tragedies, concluding his action as an “act against the law” committed by a government official.
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ttorney General ST Burhanuddin is set to file an appeal against a court verdict pertaining to a lawsuit filed by family members of Semanggi victims over his statement that the tragedies were not gross human rights violations.
“What is certain is that there will be legal remedies,” Attorney General’s Office (AGO) spokesperson Hari Setiyono said in a written statement on Wednesday.
The AGO respected the ruling issued by the Jakarta State Administrative Court (PTUN), Hari said, but there were things deemed “inaccurate” that needed to be cleared up.
“The JPN team as [Burhanuddin's] lawyer will study the verdict,” he said as quoted by kompas.com.
In a controversial remark conveyed during a hearing with the House of Representatives on Jan. 16, Burhanuddin said a previous House plenary meeting had “concluded that the events [Semanggi tragedies] were not gross human rights abuses”.
Plaintiffs Maria Katarina Sumarsih and Ho Kim Ngo, mothers of victims of the Semanggi I and II tragedies, filed a lawsuit with the PTUN Jakarta in May. They were represented by lawyers from the Semanggi I and II Justice Coalition.
The PTUN granted the lawsuit, saying that there was a substantial flaw in Burhanuddin’s statement and concluded his action was an “act against the law” committed by a government official.
“Besides containing falsehood [...] the defendant’s statement also violated the principle of accuracy of the general principles of good governance,” the panel of judges stated in the verdict.
The judges required him to immediately make a statement in his next meeting with the House that the Semanggi tragedies were serious human rights violations based on the result of an investigation by the National Commission on Human Rights (Komnas HAM).
Burhanuddin made the controversial remark during a hearing with the House on Jan. 16, stating that a House plenary meeting had “concluded that the events [Semanggi tragedies] were not gross human rights abuses”.
According to expert witnesses, however, the Constitutional Court said in 2007 that all parties, including the House, could not conclude human rights violations cases before the investigation process was complete.
Foundation of the Indonesian Legal Aid Institute (YLBHI) chairwoman Asfinawati argued that the attorney general’s plan to file an appeal showed a lack of commitment to resolving gross human rights violations.
“In fact, the attorney general himself is blocking the completion of the case. His superior, President [Joko Widodo], should stop this appeal plan and order the attorney general to continue the case,” Asfinawati told tempo.co on Thursday.
This situation made it even clearer to the people that the government’s campaign promises in solving gross human rights violations had not been fulfilled, she added. (syk)
