International Justice Day: 17th
“Indonesian Government continues to be an Anti-Justice Government.”

KontraS welcomes the commemoration of International Justice Day celebrated every 17th July. This year’s commemoration for Indonesia, reminds us all that a number of serious crimes, committed or condoned by the state, have yet to be resolved.

International Justice Day began to be commemorated since 1998, whose date coincides with the ratification of the Rome Statute, a Statute which initiated the International Criminal Court-ICC to prosecute Criminals against Humanity (Crimes against Humanity, Genocide, War Crimes, and Crimes of Intervention/Aggression). The establishment of this court is a global mandate post-Second World War and post-Nuremberg and Tokyo Tribunals, whose formulation was initially prepared by the International Law Commission since the 40s. Since 2002, 4 years after being ratified, the Rome Statute entered into force. Every 17th July is remembered as a symbol that the ICC is established to fight impunity (absence of legal proceedings and punishments) against military and civil officials that often escape the law. Thus, preventing a repetition.

It is a pity and a disappointment that Indonesia has not ratified (sign) the Rome Statute. Indonesia itself is not bound and can’t benefit from legal protection from the global community. ICC can become a complementary tool in case of failure of the national courts in dealing with serious violations of Human Rights. Interestingly, Indonesia has taken a number of ideas from the Rome Statute to be set in the Law No. 26 Year 2000 regarding Human Rights Courts, when pressed by the UN for the Crimes against Humanity in East Timor during 1999. On the basis of the Human Rights Courts Law, many opponents of ratification feel that Indonesia already has a Human Rights Courts, and thus doesn’t need to be a part of the Rome Statute (ICC).

In KontraS’ experience, the Human Rights Courts in Indonesia does not work, and stops at the investigation stage by Komnas HAM (National Commission for Human Rights). There have been a number of caes which have reached the courts (East Timor 1999, Tanjung Priok 1984, Abepura 2000) however they have failed to punish the perpetrators and fail to touch those accountable. Currently, there are a number of serious violations of Human Rights that have been rejected by the Attorney General.

During SBY’s Government, a ratification agenda had entered the National Action Plan on Human Rights (RANHAM) but was not fulfilled. During Joko Widodo’s government, the RANHAM (Presidential Decree no. 75 year 2015) there is no agenda to ratify the Rome Statute, in other words, removing the ratification agenda, something completely absurd. Not to mention the policies regarding the security sector which, if done excessively, there is a potential that it may be classified as a crime against humanity, still there is no concern from the government to ratify this crucial tool. It must also be known that during Joko Widodo’s government, the government has invited a number of Criminals against Humanity, who have entered Indonesian jurisdiction, without being held accountable, such as Omar Al-Bashur’s visit during last year’s OIC Summit.

For that, we from KontraS, remind and recommend that it is crucial for Indonesia to participate in strengthening the global movement in respecting and protecting Human Rights, by participating in the ICC. The ICC can help Indonesia to be protected from failures of the legal process. Given the current situation of Human Rights Courts in Indonesia reaching a deadlock. These deadlocks can be followed up by the ICC, as one of the conditions for the International Criminal Court, is if the National Law reaches a deadlock. More broadly, it is crucial for Indonesia to make sure that the law runs given the democracy that if controlled by such criminals against humanity may sabotage the democratization agenda in Indoneisa, as seen so far, that democracy has been hijacked by those whose hands have been bloodied in times past.

Jakarta, 17th July 2016

Haris Azhar, S.H., M.A.

Executive Coordinator