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stated that the result of Komnas HAM inquiry was not complete. In response, Komnas
HAM had returned the inquiry findings to the Attorney General through a letter No.
376/TUA/XII/2004 dated 29 December 2004, which firmly stated 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”. Until the writing of this submission, the Attorney General has not yet
started the investigation on this case.
45.
With regard to 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.
46.
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 II15 incidents
which documents of inquiries had been completed by Komnas HAM but have yet followup 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.
15
In this regard, Komnas HAM also discussing a follow up of other case which was May Riot 1998.