Tapol bulletin no, 175, March/April 2004 This is the Published version of the following publication UNSPECIFIED (2004) Tapol bulletin no, 175, March/April 2004. Tapol bulletin (175). pp. 1-24. ISSN 1356-1154 The publisher’s official version can be found at Note that access to this version may require subscription. Downloaded from VU Research Repository https://vuir.vu.edu.au/25964/ ISSN 1356-1154 The Indonesia Human Rights Campaign TAPOL Bulletin No. 175 March/April 2004 Rehabilitation nearer for PKI suspects The Indonesian Constitutional Court has adopted a decision restoring the right offormer members of the PK/ and associated mass organisations to be nominated as candidates in national and regional elections. Although the decision has come too late for implementation in elections in April this year, the decision is seen as a major breakthrough, rectifying nearly four decades of discrimination against members of the PK/. Ever since 1965, when the Indonesian Communist Party Muslim youth organisation, the HMI which was the target (PKI) was blamed for the murder on 1 October of six army of fierce PKI animosity prior to 1965. However this petition generals, anyone suspected of being a member of the PKI or was rejected on the grounds that the petitioners were not the many mass organisations that were associated with it themselves the injured parties. has been subjected to political discrimination. It is now The Court decided to repeal Article 60 (g) of the 2003 widely acknowledged that the 1 October 1965 Affair was an law on the election of members of the national parliament internal army affair. Nevertheless, a massive purge of and regional legislative assemblies, prohibiting PKI alleged PKI members was launched, hundreds of thousands members from being nominated as candidates. The Court of people were thrown into prison while hundreds of thou­ sands were slaughtered in massacres that swept across the country from late October till March of the following year. CONTENTS Following the release in the later 1970s of all the prison­ ers, the vast majority of whom had been held without trial, HUMAN RIGHTS the ex-prisoners have been subjected to a range of discrim­ Rehabilitation nearer for PKI suspects p 1 inatory measures. Over the years, especially since the downfall of the dictator, Suharto, some of these measures Listening to the voice of the victims p 15 have been repealed while other remain in force. The ELECTIONS Constitutional Court's decision adopted on 25 February General elections: old wine in a new bottle p3 2004, brings us closer to a conclusion to this particular ACEH outrageous blight on Indonesian political life. Unlawful trials in Aceh p9 The Constitutional Court was set up in 2003 for the purpose of ensuring that legislation enacted by Parliament Aceh Peace Conference in Kuala Lumpur p 11 is not in breach of the Indonesian Constitution which Aceh a threat to Indonesia's Unity p13 clearly prohibits discrimination of any kind. All decisions of PRESS FREEDOM the Court are binding and are not subject to appeal. The Press freedom under threat p 17 Court also based its decision on non-judicial reasons, WEST PAPUA namely that discrimination is no longer relevant in the nation's efforts to bring about reconciliation and move Evidence of genocide in West Papua p 19 towards a more just and democratic future. Tangguh: increased TNI and police presence p23 LABOUR The petitioners Indonesian workers seek jobs abroad p24 The Constitutional Court took its decision in response to ARMS SALES a petition for judicial review submitted by seven men who Legal challenge to UK's arms policy p8 were themselves victims of this discrimination: Semaun Utomo, Achmad Soebarto, Mulyono, Said Pradono bin Djaja, Ngadiso Yahya bin Sumoredjo, Tasmin bin Setyo Prawiro and Makmuri bin Zahzuri. A similar petition was submitted to the Court by a group of well-known politi­ cians, headed by Deliar Noer, formerly chairman of the HUMAN RIGHTS stipulated that this article was in breach of the Indonesian Marxism-Leninism. By this time, the MPR had been Constitution which prohibits discrimination based on reli­ massively purged and members of the armed forces had gious beliefs, ethnicity, race, social or economic status, taken the place of those who had been removed. When gender, language or political belief. The only persons who Abdurrahman Wahid became president in 1999 he can be deprived of these rights are those suffering from announced his intention to press for the repeal of Decree severe ment~l disorders and those who have been convicted :XXV /1966 but this was greeted by a chorus of protests, of serious crimes. forcing Gus Dur to retract. Clearly the political atmosphere The Court came to the conclusion that Article 60 (g) was was not yet ripe for such a move. inserted into the law on the basis of political considerations Law 8/1974 on Basic Requirements for Civil Service and was therefore unacceptable. Moreover, it said, prohibi­ Employment stated that all state employees known to have tions may only be made on a case-by-case basis, and cannot abused Pancasila, the state ideology, and the 1945 be applied collectively. Constitution or to have been involved in activities against The Court based its decision among others on Law No the state were to be dishonourably dismissed. 39/1999 on Human Rights, and on the International In the early eighties, after the remaining tens of thousands Covenant on Civil and Political Rights and the Universal of untried prisoners had been released, a regulation was Declaration of Human Rights. adopted requiring that identity cards issued to former polit­ Chairman of the Court Jimly Asshiddique said: 'For me, ical prisoners should bear the initials ET (for 'former politi­ what is important is for this nation to go in the direction of cal prisoner' or OT ('for prohibited organisation'). This the ideal of having a democratic constitution based on the meant that former prisoners were branded in a way that all law. Without that, Indonesia will never become a nation that institutions to which they might apply for a variety of is taken seriously by the world community.' [Tempo, 2-8 requirements were informed of their stigmatised political March, 2004] status. This requirement was abolished in early 1997. The chairman of Komnas HAM, the National Human According to the law, persons over the age of sixty are Rights Commission, Abdul Hakim Garuda Nusantara, said issued identity cards that are valid for the rest of their lives, that, inspired by the Court's ruling, the Commission intends but in the case of former prisoners, this special provision to submit an application for judicial review of all the was disallowed, forcing them to apply for renewals every remaining discriminatory legislation. The Court's ruling two years. Such an arrangement is very irksome because the was seen as a stepping stone 'to re-examine all remaining issuance of identity cards requires the approval of a number legislation that is discriminative, either socially, politically, of local authorities. culturally, or in terms of economic status.' Hendardi, chair­ Minister of Home Affairs Decree 32/1981 prohibited PKI man of PBHI, the legal aid and human rights institute, suspects or those suspected of direct or indirect involve­ welcomed the ruling 'as a first step to correcting the ment in the October 1965 affair from becoming members of mistakes of the past.' [Tempo, 2-8 March, 2004] the armed forces or the police, from being state officials, The only dissenting voice among the Constitutional teachers, journalists, lecturers and even ministers of reli­ Court's nine members was (retired) Lieutenant-General gion. The intention was to exclude these suspects from Achmed Rustandi, a former senior police officer. His having any occupation where they might influence the dissenting opinion was echoed by General Endriartono thinking of other people. Sutarto, army chief of staff, who, along with other armed Presidential Decree 16/1990 stipulated that a special inves­ forces officers, denounced the Court's decision, arguing that tigation was required for all potential state employees, the PKI had been responsible for two acts of rebellion prospective members of Parliament and regional assemblies, against the state in 1948 and 1965, and still constituted a and public notaries. On 8 March, 2000, President threat to the state. Abdurrahman Wahid put a stop to these special investigations. By and large, the decision has been widely welcomed, However even during the post-Suharto period, discrimi­ among others by Indonesia's two largest Muslim organisa­ natory measures have been adopted. Law 2211999 on Local tions, Nahlatul Ulama and Muhammadiyah. The decision Government required that no one known to have been has also provoked widespread discussion in the media, involved in acts of treason against the state could be mostly positive. This indicates that the decades-long preju­ appointed as regional heads. dices against the PKI are now becoming a thing of the past. Clause 5 of 19/2002 law on political parties stipulates that The Court's bold decision represents an important step in parties are forbidden to adopt, advocate or disseminate the consolidation of democratisation in Indonesia. communism or Marxism-Leninism. This takes us to Law 12/2003 on General Elections. Article Decades of discrimination against the PKI 60 (g) of which forbade members of the PKI from being Apart from the physical purge launched against alleged nominated as candidates for national and regional assem­ PKI members, numerous discriminatory laws and regula­ blies. Now that this item· of legislation has been reversed by tions were adopted during the Suharto era, formalising the the Constitutional Court, the logical follow-up is for all discrimination that had been in force since Suharto seized remaining discriminatory measures to be declared null and power in 1965.