HUKUMONLINE.COM, The Commission for Missing Persons and Victims of Violence (Contrast) President Joko Widodo urged to follow up the recommendations presented in the Constitutional Court ruling on the request for judicial review Act No.26 Year 2000 Human Rights Court.
“The President had to call and coordinate the Attorney General as investigator and the National Human Rights Commission as an investigator for follow up consideration and recommendation of the Constitutional Court in order to ensure legal certainty for the victims of gross human rights violations,” said deputy coordinator of Advocacy KontraS, Yati Andriani, in Jakarta, Wednesday (24/8).
Yati continue, The President must be an end to disagreements between the researcher and the lead investigator of serious human rights violations in limbo.
All this time, according KontraS, incoming file to the Attorney General always be returned to the Commission on the grounds that changing, ranging from the absence of evidence to the ad hoc Human Rights Court.
“Therefore we also ask the President issued Decree Forming ad hoc Human Rights Court and the Search for Victims of enforced disappearances. This step has been accepted by the Court stating legal uncertainty for victims and families of victims of gross human rights violations is not only a legal issue but needed political support,” said Yati.
In addition to several such discontent, KontraS also asked the Parliament and the Ministry of Justice and Human Rights to complement the provisions of Law No.26 Year 2000 such as the recommendation of the Constitutional Court.
As the verdict was read on Tuesday (23/8) The Court rejected all applications for judicial review filed by the Act No.26 Year 2000 Human Rights Court filed victims of enforced disappearance in 1997/1998 and riots in May 1998 Related phrases “less complete” Article 20 sentence 3 and an explanation of the law.
word “less complete” The applicant considered multiple interpretations and resulted in gross human rights violations file of the Commission as an investigator for the Attorney General as investigator merely alternating resulting solution hanging.
Yet, in Decision Number 75 / PUU-XIII / 2015 the Court considers there are three important things that need to be included in the article is one, the solution or way out in case of prolonged disagreement between researchers (Komnas HAM) and investigators (Attorney General) regarding allegations of gross human rights violations, in particular the results of research equipment.
Two, solution or a way out when the time limit 30 today as in Article 20 sentence (3) Act No.26 Year 2000 exceeded and researchers are not able to complement the lack of research results. last, about the legal measures that can be taken by citizens who feel aggrieved by the settings on the numbers (1) and figures (2).
In addition, the Court also considers that the issue of gross human rights violations suffered by the applicant indeed no longer on jurisdiction but of political will.