The government has already held long discussions and studies from various approaches including listening to the aspirations of the people in connection with the alleged serious cases of human right violations linked with the G30S/PKI failed coup attempt, Coordinating Minister for Political, Security and Legal Affairs Wiranto said in a press statement after a ceremony to mark the Sanctity Day of Pancasila at the Pancasila Monument in Lubang Buaya, East Jakarta, Saturday.
The team members included elements from the Attorney General Office, the National Commission on Human Rights, the military/police, law experts and community representatives.
"Through judicial approaches thorough studies have been done about the incident. Based on criminal law studies the incident could be included in the category of the principles of clear and present danger, (meaning) that the state could be declared as under clear and present danger and so measures taken to assure national security are categorized as salvage measures," Wiranto said.
Upon the incident an adagium of "abnormaal recht voor abnormaale tijden" or abnormal act for abnormal condition could be imposed, he said.
Based on consultations and coordination (to expose the case) between investigators from the National Commission on Human Rights and the Attorney General Office, judicial obstacles had been found especially with regard to providing "beyond reasonable doubt pieces of evidence, Wiranto remarked.
"There are difficulties meeting the standard of proof as referred to in Law Number 26 of 2000 on the human rights tribunal," he added.
So, the settlement of the cases would be conducted through non-judicial methods and by considering national interest and nationalist spirit for which solidarity is needed to deal with present and future challenges, he explained.
The non-judicial method of settlement would be carried out by considering phrases such as no finger-pointing, no hatred or grudge, and that the governments decision/stance is justifiable, and in its implementation will not cause protracted negative excesses, he said.
It must also reflect the governments seriousness to settle the tragedy and call for making it a lesson for the Indonesian nation so that it would not recur in the future.
The government, firstly, has taken a stance that in 1965 and years before, differences over political ideologies have happened leading to a coup attempt causing setbacks and damaging the Indonesian people, Wiranto said.
"Secondly, the government is concerned over of the fall of victims in the 1965 incident and has seriously tried to settle alleged cases of human rights violations through the non-judicial process as fairly as possible to prevent protracted excesses, he said.
Thirdly, the government appeals to all Indonesian people to put the Pancasila ideology above others to jointly build national harmony so that an incident like that would not happen again now or in the future. ***2***
Reporting by Hanni Sofia Soepardi
T.H016 (H-YH/INE)
Editor: Fardah Assegaf
Copyright © ANTARA 2016
