-5-
c) Other cases: Komnas HAM has also completed the inquiry of five other cases. 2 The
Attorney General has not conducted an investigation and prosecution to all of the
five cases. The Attoney General returned the report of the five cases based on the
argument that the results of the inquiry the five cases are not complete.
5. The discontinue of those cases reflects the resistance to eliminate impunity in Indonesia.
Thus, again, Komnas HAM recall there is an urgent need to make accountable persons
who commits violation of ICCPR rights as Komnas HAM observed that the State did
not shown genuine willingness to uphold human rights, especially in prosecuting
perpetrators of gross human rights violations. The pattern of thought that legal or moral
prosecution is part of retaliation politics, especially in the military, indicated that
impunity of human rights violations was still existed. This can be seen through the
discontinuation of investigation and the unwillingness of the President to implement the
DPR recommendations mentioned above also the refusal of several members of state
apparatus to cooperate with Komnas HAM regarding the implementation of projustitia
inquiry on alleged gross human rights violations.
2
Overall, Komnas HAM has conducted inquiries on ten cases, according to time the inquiry conducted by Komnas HAM:
(a) The case of Timor Timur 1999. The report of the inquiry was submitted to the Attorney General on 31
January 2000. In 2006, the judicial process of the case had been completed in the cassation level. One defendant was found
guilty.
(b) The case of Tanjung Priok 1984. The report of the inquiry was submitted to the Attorney General on 7
July 2000; In 2006. The judicial process of the case had been completed in the cassation level. All of the defendant were
acquitted
(c) The Case of Peristiwa Irian/Papua 2000 (widely known as the case of Abepura 2000) Komnas HAM. The
report of the inquiry was submitted to the Attorney General on 17 May 2001. This case had been investigated, which
determined two defendants, Jayapura Police Commander Superintendent, Drs. Daud Sihombing, and Brigadier General
Johny Wainal Usman. The two defendants had been tried in human rights courts. Only Daud who was accussed of
responsible for torture. The Human Rights Court in Makassar had decided to free Daud Sihombing on 8 September 2005
and Jhony Waenal Usman on 9 September 2005
(d) The Case of May Riot 1998. The report of the inquiry was submitted to the Attorney General on 19
September 2003. The Attorney General has not started to conduct the investigation and prosecution.
(e) The Case of Trisaksi, Semanggi I dan Semanggi II. The report of the inquiry was submitted to the
Attorney General on 29 April 2002. The Attorney General has not yet started to conduct the investigation and prosecution;
(f) The case of Wasior (Juni 2001-Oktober 2002)-Wamena (2003). Komnas HAM conducted the inquiry in
2003. The result of the inquiry was sent to the Attorney general on 3 September 2004. The Attorney General has not
started to conduct the investigation and prosecution;
(g) The case of Enforced Dissapearances within the period 1997-1998. The result of the inquiry was
submitted to the Attorney General on 3 September 2006. The Attorney General has not started to conduct the investigation
and prosecution.
(h) the case of Talangsari 1989. The result of the inquiry was submitted to the Attorney General on 16
September 2008. The Attorney General has not started to conduct the investigation and prosecution.
(i) The case The summary execution-style killings 1982- 1985 (penembakan misterius-petrus/mysterious
shootings). The result of the inquiry was submitted to the Attorney General on 20 July2012. The Attorney General has not
started to conduct the investigation and prosecution
(j) The case of 1965-1966 tragedy. The result of the inquiry was submitted to the Attorney General on 20
July 2012. The Attorney General has not started to conduct the investigation and prosecution