Tugas HAM (I)

Nama : 1. Agustinus Pandu Prayoga (2018-0500-0148)

2. Cindy Haura Irawan (2018-0500-0075)
3. Gabriel Siboan Tua (2018-0500-0127)
4. Reisar Alka (2018-0500-0147)

1. What is the case about?

The case is about Trisakti tragedy and Semanggi 1 & 2 tragedy

The Trisakti Tragedy took place at Trisakti University, Jakarta on 12 may 1998. During the
demonstration that demanding Presiden Soeharto resignation, the unarmed protester consist of
Trisakti student, lecturer, and society do a long march to DPR/MPR building, but the protesters
were hold up by police and military. Then, representatives from the demonstrators and the
police negotiated to avoid damage. Negotiations between the representatives of the
demonstrators and the police succeeded, but there were provocateurs who were thought to be
police officers being chased to the police line, so that the tension re-peaked. at the same time
the authorities shot tear gas and began shooting blindly at the demonstrators, causing the
demonstrators to run towards Trisakti University. Four students were killed by gunfire.1 This
tragedy violated right to life.

The shootings in Semanggi, Jakarta, refer to two incidents of protest demonstrations related to
the Special Session of the Parliament in November 1998 and September 1999. In the incident
of Semanggi I, from 11 till 13 November 1998 17 people were killed it happen because, In
Indonesian transitional government held a Special Session to determine the next election and
discuss the government agendas to be carried out. Students are back in turmoil because they
do not recognize Bacharuddin Jusuf Habibie's government and do not trust the members of the
DPR / MPR. They also urged to get rid of the military from politics as well as cleaning up the
government from the Orde Baru People.2 In the incident of Semanggi II, 24 September 1999,
one student and 11 others were killed while more than 200 people were wounded because, On

1 https://id.wikipedia.org/wiki/Tragedi_Trisakti
2 https://id.wikipedia.org/wiki/Tragedi_Semanggi
 September 24, 1999, for the umpteenth time the army committed acts of violence against
student actions. At that time there was an urge by the transitional government to issue Undang-
Undang Penanggulangan Keadaan Bahaya (UU PKB) whose material according to many
circles greatly gives the military the freedom to carry out state conditions in accordance with
military interests. Therefore students move in large numbers to jointly oppose the enactment
UU PKB.3

2. What is the situation of the case now?

Unfinished case

For Trisakti case. Lately, In 2008 Komnas HAM reopened investigations into the 1999 killing
of four demonstrators at Jakarta's Semanggi intersection and the 1998 killing of four students
at Trisakti University and nine demonstrators at Semanggi intersection. In a departure from
past practice, one retired general and some retired police officers cooperated with a Komnas
HAM investigation into the 1989 Talangsari massacre. Komnas HAM resubmitted its findings
to the Attorney General's Office (AGO), but the AGO returned the documents to Komnas
HAM as "incomplete."4

In 2004 the case - with a clear connection with the Trisakti shootings - was to be reopened by
a Parliamentary commission on the basis of the Komnas HAM findings.5 Former officials with
the City Police and Military have denied any responsibility and claimed that they did not order
their personnel to shoot the students. Komnas HAM Chairman Abdul Hakim said that the rights
body's fact-finding team met with House leaders in October last year and asked them to review
its conclusions and proposed the establishment of an ad hoc human rights court to try the
alleged rights abusers. In response to the request, the House leaders assigned House
Commission II to assess all documents on the incidents. During the hearing with the
commission, Komnas HAM called on the House to facilitate a meeting involving Komnas
HAM, the Attorney General's Office and the DPR to outline procedures for the implementation
of Law No. 26/2000 on Human Rights Trials because there had been a difference of opinion

3 https://id.wikipedia.org/wiki/Tragedi_Semanggi
4 US State Department report 2009
5 The Jakarta Post, 04-02-2004
 on the law between Komnas HAM and the Attorney General's Office. The disagreement has
left the AGO unwilling to follow up on the rights body's findings and recommendations over
the three incidents. Abdul Hakim urged the AGO to become proactive by using the rights
body's findings to bring perpetrators in the three incidents to justice. Human rights issues have
been put on the back burner by the government and many leaders now lack the will to do much
about the violations, especially since they have busied themselves with getting reelected.

3. What is the challenges that the government face regarding the case to be solved?
Now the government is in the process of resolving the Trisakti and Semanggi 1 - Semanggi 2
Serious Violation case to decide to resolve it through non-judicial lines or reconciliation,
because it is difficult to force TSS cases through ad hoc human rights courts. This was sent
because he saw the situation and conditions of the current political attitude of the government
and also because so far the Attorney General's Office also could not work together in following
up on the results of Komnas HAM's investigation.

With the current political situation, it is difficult if efforts to resolve past cases of human rights
violations only rely on one option. Komnas HAM will continue to communicate with the
government regarding the concept of reconciliation in order to continue to meet the universal
principles of human rights and fulfill the rights of victims.

But the government wants a form of settlement of past human rights cases without causing
new problems.6

4. Based on your reading what is the best mechanism to solve the case?

Based on our reading to solve this case, the best mechanism is non-judicial mechanism.

5. Why you choose that mechanism?

Because Non-judicial mechanisms is remedy processes which occur outside of the courts, are
an important means by which victims of human rights abuses committed.

6. Why you did not choose other mechanism?

6https://nasional.kompas.com/read/2017/01/30/22270351/pemerintah.putuskan.penyelesaian.kas

us.trisakti.dan.semanggi.melalui.jalur.rekonsiliasi
If we resolve this case by judicial lines, the perpetrators at the time of the riots could not be
identified from which groups and who started the shots that made the demonstration
participants die, allegations of radical groups that provoked student clashes with officials, with
the aim of thwarting the Special Session (during Semanggi 1&2 tragedy), and the information
given was different from the reality in the field which makes it difficult to prove the
perpetrators of the shootings during the Trisakti tragedy and Semanggi 1&2 Tragedy.