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IKOHI

Wednesday, May 17, 2006

Country Report of IKOHI

MONITORING ON THE INQUIRY OF THE NATIONAL COMMISSION ON HUMAN RIGHTS ON THE CASE OF ENFORCED/INVOLUNTARY DISAPPEREANCE OF PRO DEMOCRACY ACTIVISTS 1997/1998
Prepared by Simon, S.H. [1]


In the coming months, the attention of victims, families and the society that pay attention on justice enforcement would focus on the works of Ad Hoc Inquiry Team of the National Commission on Human Rights (Komnas HAM) on Gross Human Rights Violation of Enforced/Involuntary Disappearance. The Ad Hoc Inquiry Team was established on October 1, 2005 as a continuation of the previous team that was doubted by public related to the team's ability to deliver truth and justice for the victims.

Before the establishment of the said Ad Hoc Inquiry Team, on 23 September 2003 Komnas HAM established Examination Team on Enforced/Involuntary Disappearance that chaired by Commissioner M.M. Billah. The examination found out possible commission of gross violation of human rights in form disappearances, and accordingly Komnas HAM should form Initial Inquiry Team on the said case based on the law No 33, 1999 on Human Rights Article 89 Verse 3. Later, the plenary session of Komnas HAM decided to establish an Initial Inquiry Team on Enforced/Involuntary Disappearance of May 1998 Tragedy and the Abduction of Activists by Mawar Team [2], which was chaired by Commissioner Ruswiyati Suryasaputra. The Initial Inquiry Team worked on the following mandates: to gather information from the victims, to call witnesses, to collect evidences, to asses and to collect information in the suspected crime scene, to call the related parties to give written-information or to give related materials. [3]

Initial Inquiry Team on Enforced/Involuntary Disappearances 1997-1998 (TPOSP)
The team was established according to Decree of Chairman of Komnas HAM No. 02/KOMNAS HAM/I/2005. The team that was chaired by Commissioner Ruswiyati Suryasaputra and co-chair Commissioner Kusparmono Irsan worked for three months, since 20 Januari- 20 April 2005, as authorized by UU No 39/1999 article 3.

From the beginning, the establishment of this team has rose apprehension to IKOHI and the victims. The reason for IKOHI’s deep concern to the Komnas HAM is that there was no serious attempt (to give real proves) to drag the alleged perpetrators of human rights violation (whom are military generals) in every investigation process. Besides, there have been many evidences that shows serious weaknesses and defects of Komnas HAM works in front of the victims and families, such as on East Timor, Tanjung Priok, Trisakti-Semanggi Tragedy, and May Tragedy. This concern was then responded by IKOHI by putting the victim’s representatives into the team in order to maintain the process and also to test the works of the team, therefore the investigation process in the team will be sided on the victims interest.

The involvement of IKOHI’s representation in the TPOSP Komnas HAM was accommodated through the Decree of Komnas HAM Chairperson No. 06/KOMNAS HAM/IV/2005 on Extension Task Period of the Team, which signed on 21 April 2005. The task period would be valid until 20 July 2005. The chair of team Commissioner Ruswiyati Suryasaputera believed that IKOHI involvement could help to strengthen the works of the team. IKOHI itself agreed to involve in the team, and to send her representation; with consideration that they want to prove IKOHI’s skepticism and criticism were not merely as critics, but it could also help to bridge the victims’ hope by present in the team.

In the process, the team collected data, presented witnesses and made report. All of the process can be explained as follows:


Nr. Agenda Information Date
01 To establish an initial inquiry team of enforced/involuntary disappearance on May 1998 tragedy and activists that kidnapped by Mawar Team A team chaired by Commissioner Ruswiyati Suryasaputra and co-chair Commissioner Koesparmono Irsan was established to work for three months period, since 20 January - 20 April 2005 with authorization according to UU No 39/1999 article 3.
(Decree of Komnas HAM No. 02/KOMNAS HAM/I/2005) 20 January 2005
02 Questioning of victims and families Held in Komnas HAM (Jakarta), Surabaya, Bangka and Solo April-May 2005
03 Team Time-extension and changing the name
-To change team name into initial inquiry team of enforced/involuntary disappearance period 1997-1998
-Time extension for inquiry, from 20 January - 20 April 2005 and to be ended on 20 July 2005.
-To add team member: Hotma Timbul Hutapea, Hasto Atmojo, Robertus Robert
(Decree Komnas HAM Nr: 06/Komnas HAM/IV/2005) 21 April 2005
04 Planning to call perpetrator witnesses 1. Ret. General Wiranto (Ex. Military Command)
2. Let. Gen. Prabowo Subiyanto (Ex Kopasus Commander)
3. Maj. Gen. Sjafrie Samsudin (Jakarta Military Command) 3 June 2005
05 Initial Inquiry Result Investigation was held by examining 29 witnesses and 5 persons from military 12 April-30 June 2005

From the data collection and investigation, the team has examined:

Victims and Families

Nr Name Investigator Date Venue
1 Haryanto Taslam Ruswiyati, Martono, Samsudin, Esther 21-04-05 Komnas HAM
2 Aan Rusdiyanto Martono, Samsudin 12-04-05 Komnas HAM
3 Nezar Patria Kosparmono, Martono 11-04-05 Komnas HAM
4 Paian Siahaan Kosparmono, Esther 15-04-05 Komnas HAM
5 Lisme Tampubolon (Lisnawati’s Sister) Ruswiyati, Esther 15-04-05 Komnas HAM
6 Nurhasanah Esther, Martono 13-04-05 Komnas HAM
7 Abd Rai (Jumanto’s Father) Ruswiyati 15-04-05 Komnas HAM
8 Siti Fatimah Esther 15-04-05 Komnas HAM
9 Suryati Esther Komnas HAM
10 Utomo Raharjo Ruswiyati, Martono 18-04-05 Surabaya
11 Suyadi Kusparmono, Esther 18-04-05 Sragen
12 Ruminah Ruswiyati, Esther, Martono 14-04-05 Komnas HAM
13 Hastusti ZA (Herman’s Friend) Martono, Ratih 19-04-05 Pangkal pinang
14 Soib (Herman’s Friend) Martono, Ratih 19-04-05 Pangkal pinang
15 Agus Subarkah Martono, Ratih 19-04-05 Pangkal pinang
16 Zuniar Martono, Ratih 19-04-05 Pangkal pinang
17 Misiati Utomo Martono, Ruswiyati 18-04-05 Surabaya
18 Tuti Koto Ruswiyati, Kusparmono 12-04-05 Komnas HAM
19 Al Fatah (Gilang’s Father) Kusparmono, Esther 18-04-05 Solo
20 Raharja Waluya Djati Ruswiyati, Samsudin 15-04-05 Komnas HAM
21 Pius Lustrilanang Ruswiyati, Martono, Samsudin 21-04-05 Komnas HAM
22 Mugiyanto Ruswiyati, Kusparmono 12-04-05 Komnas HAM
23 Yati Ruyati (Eten’s Mother) Ruswiyati, Martono 14-04-05 Komnas HAM
24 Sarmah Ameh Ruswiyati, Samsudin 15-04-05 Komnas HAM
25 Sipon Kusparmono, Esther 18-04-05 Solo
26 Andi Arif Martono, 13-05-05 Komnas HAM
27 Mega Christina Ruswiyati, Martono 3-06-05 Komnas HAM
28 Mradipto (Herman’s Friend) Samsudin, Martono 06-06-05 Surabaya
29 David Krisnantoro Stefanus (Herman’s Friend) Samsudin, Martono 16-06-06 Surabaya


Alleged Perpetrators

Nr. Name Investigator Date Venue
1 Ret. General Wiranto [4] Ruswiyati, Samsudin, Imelda 10-06-05 Coffee Shop in Kuningan area.
2 Maridup S Pakpahan (Police) Ruswiyati, Kusparmono 30-06-05 Komnas HAM
3 Mujiono (Police) Ruswiyati, Kusparmono 30-06-05 Komnas HAM
4 Didik Mulyana (Police Criminal Investigator) Ruswiyati, Hotma 24-06-05 Komnas HAM
5 Robinson Manurung (Police) Ruswiyati, Kusparmono 30-06-05 Komnas HAM


Non-Investigated Alleged Perpetrators

Nr. Name Investigator Date Venue
1 Aris Munandar (Police)
2 Kamaludin Lubis (Police)
3 Nur Fauzi (Police)
4 Wiranto (General)
5 Feisal Tanjung (General)
6 Muchdi PR (Maj. General, Kopassus Commander)
7 Prabowo Subiyanto (Let. General, Kopassus Commander)
8 Chairawan (Kopassus Anti Terror Unit Commander)
9 Kivlan Zen (Vice Army Chief)
10 Djamari Caniago (Maj. General)
11 Sjafrie Samsudin (Maj. General)
12 Subagyo H.S. (Let. General)
13 Syamsu Djalal (Maj. General, Military Police Commander)

All along this inquiry, victims’ hope to get sufficient process and satisfactory investigation result eventually remains as hope. Even worse, investigation team had caused deeper apprehension. The reason for apprehension was marked by some following indications:

First indication, there were strong attempt from the Generals who allegedly involved in the human rights violation to sabotage the works of the team. One of the Komnas HAM members is Maj. Gen. (Ret) Kopassus, Samsudin. [5] In the first plenary meeting Samsudin conveyed his argument that kidnapping was triggered by the bombing incident in Rumah Susun (Flat) Tanah Tinggi in February 1998 that was accused by the state to have been done by pro democracy activists. This argument is clearly obscure the fact that Yani Avri, Soni, Noval Alkatiri, Dedi Hamdun, and Dedi Hamdun’s chauffeur were kidnapped on March-April 1997, during general election campaign. The kidnapping of five victims happened long before the Tanah Tinggi incident, which happened on the first week of February 1998. It is believe that the aim of the action was very political. Based on that logic, the case of kidnapping has no meaning to the society. The image of kidnapping case as gross human right violation could wither away because the society would think that it was proper they been kidnapped since they also trying to make bomb and terror.

Second indication, the team was not serious in finding either Team Mawar Kopassus court dossier not Honorary Military Officer Council (Dewan Kehormatan Perwira – DKP, that questioned the high military officers on their involvement on the case) documents. The fact is, when IKOHI’s representation (who works in this case) visited Supreme Court (MA) to ask the copy of Team Mawar Kopassus dossier, the official on archive told him that they never been accepted any request letter from Komnas HAM. Whereas staff Komnas HAM claimed had sent the letter to MA two weeks before the visit. After several thorough checking in MA’s register letter, they couldn’t find Komnas HAM’s letter, either through normal procedure or via Chair MA procedure. Therefore, we could conclude that there was no serious attempt from the team to ask Team Mawar Kopassus dossier since the longer they send the letter would lengthen the process of request.

Third indication, the half-heartedness of the team happened on Friday 10 June 2005. At that time there was a secret meeting between Ex-Minister of Security and Defense/Chief of Army General (Ret) Wiranto, Chair of the Team Commissioner Ruswiati Suryasaputra, investigation team member Commissioner (Maj. General) Samsudin, and two assistants of investigation team member. This meeting was shocking since the meeting was totally against previous agreement in the plenary Team session just a week before, and also the ethic of team’s work.

Fourth indication, while the polemic secrecy meeting between chair of the Team Ruswiyati together with Mayjen (ret.) Samsudin and General (ret.) Wiranto hasn’t yet ceased down the second incident happened. The story was, in order to muffle team member anger that felt left behind, the chair of the Team Ruswiyati told certain members and investigation assistances that while she secrecy met Wiranto she happened to get important clue. The clue is started while the Chair Ruswiyati asked Wiranto whether he, as a former minister of defense/chief of Army, know anything about the destiny of 14 persons, which still missing until today. Wiranto answered that those 14 persons quite probably had all gone (died-ed.).

This fact of course is a new fact and important in the team investigation since for more than seven years officially TNI as institution only admitted Prabowo and Team Mawar Kopassus that caused the enforced/involuntary disappearance of nine activists. The nine activists are all surfaced alive now. However, the chair of the team Ruswiyati and Samsudin denied this fact to the public through the press and victims families. It is clear that was a lie. This was a public lie. A very important fact as this information could not be pass easily for any excuse. TPOSP was supposedly using this fact to become a new base for investigation in order to reach clearance on the destiny of the fourteen missing activists. That denial was also retrograde step to reach a significant progress. Later, weeks after the polemic stopped, Samsudin admitted that the correctness of the statement to mass media.

Fifth indication was about the final report of the team, which published on 1 July 2005, while the team invited to speak and to discuss the first draft of the team’s final report. From beginning of the first draft, IKOHI’s representative did not involved and no one could explain the reason of exclusion. When the draft was finalized, representative of IKOHI tried to ask the rough version of the first draft in order to learn and to give input in the coming plenary, on Friday 2005. However, staff secretary of Komnas HAM rejected this request with an excuse that team member is still editing the report. Up until this day IKOHI never receive the report.

The defection of promises and public lying that simultaneously happened on the Team plenary session, the highest meeting body, therefore intolerable. In conclusion, it is clear that IKOHI’s representation did not wanted to be present in the team. Finally, representative of IKOHI resigned.


The Establishment of the Ad Hoc Inquiry Team on Enforced/Involuntary Disappearance of Pro Democracy Activists in 1997/1998
As been predicted, Komnas HAM finally ratified the establishment of Inquiry Team on the case of Enforced/Involuntary Disappearances 1997/1998. It is clear for IKOHI that this inseparable from the pressures of the victims and families and the people who give it sympathy by marching and to do audiences meeting with the Komnas HAM and the House (DPR). The Ad Hoc Inquiry Team for Gross Human Rights Violation Enforced/Involuntary Disappearance Periods 1997/1998, was established referring to Decree of Komnas No. 23/Komnas/X/2005. The period time started from 1 October 2005 until 31 December 2005, later extended until 31 March 2006 (SK Komnas HAM No.29/Komnas HAM/XII/2005) – also with additional member.

Nr. Agenda Information Date
01 To establish Pro Justitia inquiry team. The team chaired by Commissioner Ruswiyati Suryasaputra. October s/d December 2005
(SK No 23/KOMNAS HAM/X/2005). 1 October 2005
02 Time extension, referring to (SK No 29/KOMNAS HAM/XII/2005) 26 December 2005
03 Additional ad hoc personnel (SK No 30/KOMNAS HAM/XII/2005) 26 December 2005


There were several things that cause IKOHI, KontraS, victims and families worries in relation with the establishment of the team. Firstly, the lack of socialization or even the publication of working process of Ad Hoc Team Enforced/involuntary disappearance 1997/1998 in the first period, including the development and the progress of the team’s works. The team had seen has a self-closure tendency to the public (media) and victims. This condition is clearly would harm the victims and families and the people who having interest in this problem.

Second, this closure later had raised suspicion that there were certain groups who attempted to halt the works of the team, so the case would not be revealed. This is normal because if we refer to the previous investigation team experiences and the incident informal secret meeting between the team and General (Ret.) Wiranto.

As a step to put pressure to Komnas HAM and the related institutions, IKOHI-KontraS and families of the victims performed demonstrations and the other activities. For example, to do the audience meeting with Komnas HAM on 18 January 2006, which successfully forced the Ad Hoc team to be more informative to the victims and society.

This audience meeting step also been performed again on 18 February 2006 and 23 February 2006 in order to give pressure to the team to call the officials that alleged as perpetrators of human rights violation and to ask, if it’s consider necessary, the President support. The similiar audience meeting also held in the parliament (DPR) on 21 February 2006, to give DPR pressure to be more pro-active in eradicating the enforced/involuntary disappearance case and also to pressure DPR to command TNI chief of army to give flexibility on calling its men.

The following are the name of the victims and witnesses that investigated by Pro-justisia Investigation Team:

Nr. Name Investigator Date Venue
1 Aan Rusdianto Ruswiati, Zoemrotin 09-01-06 Komnas HAM
2 Tuti Koto Martono, Supardi 12-01-06 Komnas HAM
3 Faisol Reza Ruswiati, Farid December 2005 Komnas HAM
4 Rahardjo Waluyo Jati Ruswiati, Farid December 2005 Komnas HAM
5 Ibu Sipon Supardi, Semendawai, Sriyana 09-01-06 Solo
6 Suyadi Supardi, Semendawai ,Sriyana 09-01-06 Solo
7 Mrs Fatah Supardi, Semendawai, Sriyana 09-01-06 Solo
8 Juanda (witness) Supardi, Semendawai, Sriyana 09-01-06 Solo
9 Nezar Patria Supardi, Semendawai December 2005 Komnas HAM
10 Ciptaning (Parliament Member) Ruswiati and Zoemrotin 17 – 02 - 2006 DPRI
11 Sucipto (Parliament Member) Martono and Ruswiati 16 – 02 - 2006 DPRI
12 Victor da Costa Martono, Semendawai Komnas HAM
13 Utomo Raharjo Martono Malang
14 Prijo Semendawai Solo
15 Surya Semendawai Komnas HAM
16 Wahyu Susilo Semendawai Komnas HAM


Non-investigated Victims and witnesses

Nr. Name Investigator Date Venue
1 Pius Lustrilanang
2 Desmon Mahesa
3 Andi Arif


The agenda of Inquiry Team are:
The team is planning to meet President to ask a political support for its works, but the initial plan was cancelled since Komnas HAM misarrange the schedule therefore the meeting was cancelled and there is no progress ever since. Later, on early March, the team would like call the alleged perpetrators. The team also was going to conduct reconstruction of the events in the alleged identified places of the kidnapped activist and the place detention of the victims of kidnapping.

In this condition, IKOHI and KontraS see the half-hearted commitment from the Inquiry Team to call the alleged perpetrators, which is military, as have long been emphasized by IKOHI-KontraS. The team promised to call the generals but it has never been occurred. The pegging agenda to call the generals has been delayed of certain technical reasons and tended to be pretending. For instance, about the address of the generals or the reason to call element witness that inclined much easier.

In IKOHI-KontraS point of view, the calling of generals is a preliminary test of Inquiry Team seriousness in carrying its mandate to reveal the case of enforced/involuntary disappearance 1997/1998. This was based on the previous initial inquiry team experience that only scheduling without really calling the Generals, they even made a secret meeting (see: the meeting with Wiranto’s Team)

Beside that, the self-closure politics that performed by Ad Hoc Inquiry Team had also caused apprehension into IKOHI-KontraS. The justification that self-closure would accelerate the work of the team could be considers as Komnas Ham’s “anxious” for the existence of victims control and public control to the team performance. Reflecting from the previous experience, free access to the press or to the public has successfully “fence-in” the works of the team and also enhanced the campaign on enforced/involuntary disappearance periods 1997/1998.

In order to respond this disadvantage condition, there is no choice to the victims and families rather than to consolidate its line and to arrange a united movement that could break those dead-end. Therefore, the current victim meeting has a strategic and important meaning.

Case Records in the UNWGEID
On the other hand, delighted information came to IKOHI from UN Working Group on Enforced or Involuntary Disappearance on 28 February 2006. The Working Group has received the report from IKOHI on the case of disappearance on 10 persons in Indonesia and has transmitted it to Government on Indonesia to clarify and perform investigation.

WGEID no. Case Name and date of birth Sex Profession Case Information Force(s) Responsible
1003269 Masoka Aristoteles
31 January 1980 M Driver Murder of Theys Eluay Aristoteles disappeared after having been abducted by GoI forces on 11 November 2001 together with Theys Eluay, the leader of the Papua independence movement. He was the personal driver of Theys Eluay. Indonesian Army
1003270 Bachtiar Johan M Entrepreuner Tanjong Priok Event Bachtiar Johan allegedly disappeared when Islamic lecture was broken up by military gunfire on 12 September 1984 at 21.00 local time. Indonesian Army
1003271 Subianto Gunawan
23 november 1981 M Student May 1998 riot The victims were disappeared during a riot on 14 May 1998 at 17.00 near “Yogya” department store that was plundered and burnt by demonstrators. Indonesian Government

1003272 Alfian
9 October 1983 M Student May 1998 riot
1003273 Aman Supriyanto
30 december 1956 M Unknown May 1998 riot
1003274 Jumanto
10 August 1981 M Student May 1998 riot
1003275 Mochammad Ihwan M Worker May 1998 riot
1003276 Mulyani
2 September 1980 F Student May 1998 riot
1003277 Tampubolon Rinawati
2 February 1982 F Student May 1998 riot
1003278 Sugianto
17 August 1983 M Student May 1998 riot

IKOHI believes this progress will increase the family and relatives’ spirit and motivation to demand the government responsibilities.

«««««

[1] The paper has been distributed earlier during the workshop of victims of disappearances carried out by IKOHI and KontraS in Jakarta 20 April 2006. Simon, S.H. is Manager Campaign and Advocacy Program IKOHI
[2] SK Komnas HAM No. 02/KOMNAS HAM/I/2005
[3] UU No 26/2000 Article 18
[4] In Wiranto’s Case, the team did not perform any investigation and only held informal meeting.
[5] It was reported that Maj. Gen (Purn) Samsudin has been in power for more than two periods, or 11 years. This is unusual since according to the regulation, a member of Komnas HAM could only be in charge maximum two-periods. He has been a Komnas HAM’s commissioner while the enforced disappearance case came into the surface for the first time on March 1998. In his interview with Forum Keadilan magazine he conveyed his doubt about the involvement of Prabowo and Kopassus.

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IKOHI was set up on September 17, 1998 by the parents and surfaced victims of disappearances. Since then, IKOHI was assisted by KONTRAS, until October 2002 when finally IKOHI carried out it first congress to complete its organizational structure. In the Congress, IKOHI decided its two priority of programs. They are (1) the empowerment of the social, economic, social and cultural potential of the members as well as mental and physical, and (2) the campaign for solving of the cases and preventing the cases from happening again. The solving of the cases means the reveal of the truth, the justice for the perpetrators, the reparation and rehabilitation of the victims and the guarantee that such gross violation of human right will never be repeated again in the future.

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