-4-
to meet the conditions for a gross violation of human rights to be followed up by
investigation”. Until the writing of this submission, the Attorney General has not yet
started the investigation on this case.
b) The Case of Trisakti, Semanggi I and Semanggi II incidents: The result of the
inquiry concluded that gross human rights violations had occurred in these incidents.
The documents of the inquiry had been submitted to the Attorney General in June
2002 which had been returned several times. For the last time, Komnas HAM had
returned the documents to the Attorney General through a letter No. 10/TUA/I/2005
dated 6 January 2005. The letter highlighted that according to article 20 paragraph 3
of the Act No. 26/2000, the investigator can only return the inquiry findings to the
inquirer when the inquiry findings are insufficient, which defined as “not sufficient
to meet the conditions for a gross violation of human rights to be followed up by
investigation”. The follow-up of the case had not known for certain since the
Attorney General still considered that the House of Representatives of the Republic
of Indonesia had determined that the Trisakti, Semanggi I and Semanggi II incidents
were not gross human rights violations. With regard to the Attorney General
opinion, Komnas HAM had sent a letter on 19 March 2003 to the Chairpersons of
the House of Representatives of the Republic of Indonesia to review its previous
decision. Komnas HAM had also met with the Chairpersons of the House of
Representatives of the Republic of Indonesia on 29 October 2003 to discuss the
matter. During the hearing with Third Commission of the House of Representatives
on 30 November 2004, Komnas HAM had once again inquired on the follow-up of
Komnas HAM request. However, due to the lack of a carry-over process from the
1999 – 2004 working period to the 2004 – 2009 working period of the members of
the House of Representatives of the Republic of Indonesia, the Chairperson of Third
Commission of the House of Representatives of the Republic of Indonesia had
suggested Komnas HAM to re-submit the problem to the Chairperson of the House
of Representatives of the Republic of Indonesia. Therefore, Komnas HAM had sent
another letter to the Chairperson of the House of Representatives of the Republic of
Indonesia No. 363/TUA/XII/2004 dated 9 December 2004. As a follow-up, the
Third Commission of the House of Representatives of the Republic of Indonesia had
concluded its study on the matter and had recommended the Plenary Session of the
House of Representatives of the Republic of Indonesia to review its decision
regarding Trisakti, Semanggi I and Semanggi II incidents. In 27 February 2006,
Komnas HAM had sent a letter to the Chairpersons of the House of Representatives
of the Republic of Indonesia to discuss the follow-up of the Wasior and Wamena
incidents and the Trisakti, Semanggi I and Semanggi II1 incidents which documents
of inquiries had been completed by Komnas HAM but have yet follow-up with
investigations by the Attorney General. Moreover, Komnas HAM also had sent a
letter to the Chairpersons of the House of Representatives on 13 March 2006 to
recommend the President to establish an Ad Hoc Human Rights Courts for these
three incidents. Pending the end of 2006, the Attorney General as well as the House
of Representatives of the Republic of Indonesia have yet done anything to follow-up
the results of the inquiries conducted by Komnas HAM with regard to Wasior and
Wamena incidents and the Trisakti, Semanggi I and Semanggi II incidents.
1
In this regard, Komnas HAM also discussing a follow up of other case which was May Riot 1998.