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The IPT 65 Final Report and Urgency of State Recognition and Enforcement

The International People’s Tribunal (IPT) 1965 established to end the impunity for the crimes against humanity in Indonesia during and after 1965 finally on 20 July 2016 issued its ruling or so called the Final Report of the hearings held in The Hague, Netherlands from 10 to 13 November 2015 ago. But what will happen next?

The verdict of the IPT  basically  stated that Indonesian government particularly and other states (United States, the United Kingdom  and Australia) are guilty of various gross human rights violations in 1965 event and ahead, ranging from murder, enslavement, imprisonment, torture, sexual violence, persecution, enforced disappearance, hate propaganda. It also called on Indonesian government to take adequate and immediate responsibility.

The efforts to reveal truth concerning the 65 event mainly after a early years of the New Order, Soeharto collapse used to be in progress. It was marked  by increasing number of witnesses whose fearlessness as well as finding of mass graves in some areas such as Java, Bali, Sumatra and other areas. Some publications in form of academic journalistic reports, academic journals, books and documentary films. Unlike during the New Order era with fully-controlled publication, people now can easily find those documents.

The 30 September event as well known as G30S is the worst tragedy against humanity ever accured in Inndonesia history. Calculated, thousands of people has been victim perpetrated by the New Order under Soeharto’s administration. Hundreds of people has been victim of extrajudicial detined followed by persecution and stigmatitation.

Moreover, the National Commission on Human Rights (Komnas HAM) through an Ad Hoc investigator team established and worked since 2008 has found various spread considerable and systematic crime acts  and stipulated its as  gross human rights violation based on finding. The commission has also recommended the Supreme Attorney to conduct investigation and prosecution. Sadly, the recommendation did not carry out by the Supreme Court due to insufficient data.

Actually, Indonesia has good records in term of recognition of some international regulations, but it is still lack of progress in implementation and enforcement term. Noted, Indonesia is a state that has actively ratified eigth of nine human rights instruments. Those have been integrated into domestic law. Indonesia has been re-elected to a fourth-term as a member of the UN Human Rights Council. Indonesia is also one of initiators of ASEAN Intergovernmental Human rights Commission.  Additionally, Indonesia is one of a few states that has human rights national action as well as an active National Commission of Human Rights.

Based on international human rights law, the IPT is endeed neither a truly international tribunal nor a legally binding decision at all. It can simply be categorized as a hearing process.  However, the ITP which is a momentum aimed at hearing and revealing human rights violation facts as well as medias of victims to demand the justice should be respected by all parties particularly Indonesian government. It also needs to take into account all alleged perpetrators to court mechanism.

It is regrettable that the government of Indonesia as one of the parties did not accept the invitation to participate in the hearings or make submissions to the Tribunal. As a nation that gradually transits from authoritarian towards democracy, Indonesia should not hide behind its history burden and arrogantly bury the truth beneath.  Indonesia has to be honest and deal with part of its own dark nation history.  Indonesian government should respect it and also comply with international human rights law and its enforcement mechanisms as well as its national regulation mainly the law number 39 year 1999 on Human rights and the law number 26  year 2000 on Human Rights Court. To make it to true, politically, president of Indonesian also needs to immediately  convey on behalf of state and constitution its sincere apology and firm condemnation at all form of violation by state.

By: Tongam Panggabean


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