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The International People's Tribunal Logo. Image by: 1965tribunal.org
Vice President Jusuf Kalla, has made a statement regarding the International People’s Tribunal 1965 (“1965 Tribunal”), which is currently being held in Nieuw Kerk in The Hague. Kalla has asserted that Indonesian government does not need to make any official comment regarding the 1965 Tribunal.
“This is not a real court. If it was a real court, then the process would take years,” explained the Vice President at his Palace in Jakarta on Wednesday.
According the Vice President, if the international community wants to seriously investigate the 1965 incident, then it should also investigate other crimes which were carried out by a number of western countries during various twentieth century wars.
“If this is what western countries want, then we will also make a similar court here. More citizens were killed during war time,” stated the Vice President.
Regarding the testimonies which have already been delivered by a number of Indonesian citizens at the 1965 Tribunal, the Vice President has asserted that the government could also provide a similar testimony relating to the victims that were murdered by foreign powers in Indonesia during the colonial era.
Previously, the Vice President has asserted that the government does not need to apologize for the 1965 massacres. Indeed it is Kalla’s belief that Indonesian army generals were the real victims, in line with propaganda disseminated during the New Order era of President Suharto.
“Do not forget that the events of 1965 started with the killing of our generals. Why should we apologize when the ones who were killed were our generals?” stated the Vice President.
Disunity
Lawmaker Arsul Sani (Commission III), has also weighed in, stating that he deplores the 1965 Tribunal. In his opinion, reopening the events of 1965 to public scrutiny is not a wise decision.
“It is my belief that addressing the sensitive issues surrounding the G30S incident is not a wise move,” Mr. Sani said in a statement made in Jakarta on Wednesday, 11 November 2015.
Lawmaker Sani believes that if the tribunal ends up placing blame on the shoulders of the Indonesian government or particular group, then this would sow the seeds of disunity in the country. He suggested that the implementers of the 1965 Tribunal should have considered the benefits and disadvantages of such a move before bringing this matter to the international stage.
“It is my opinion that the government does not need to react to the efforts of the 1965 Tribunal in The Hague,” Sani stated firmly.
According to Mr. Sani, if the tribunal ultimately produces a verdict that requires the Indonesian government to apologize, then a majority of the people will reject the decision. However Sani also made clear that he believes that the government needs to be more focused and show more seriousness regarding alleged human-rights violations in the past.
“While the international spotlight is being trained on us, the government needs to explain that the events that occurred in the wake of the G30s incident represented a chain of cause and effect, and can even be traced back to the PKI rebellion that took place in Madiun,” he explained.
The International People's Tribunal on Crimes Against Humanity in Indonesia in 1965 was held in The Hague from Tuesday until Friday (10-13 November 2015).
Reza Muharram, a tribunal committee member has stated that the tribunal was being held in order to prove the occurrence of, “genocide during the period 1965 to 1966,” which has never been recognized by the Indonesian state.
According to Mr. Muharram, seven judges are presiding over the tribunal, and Muharram affirmed that various scholars, human-rights activists and legal practitioners, including former judges at the International Criminal Tribunal for the former Yugoslavia, are participating in the proceedings.
These judges, according to Mr. Muharram, are examining evidence which encompasses information provided by 16 witnesses regarding the events of 1965, as well as data that has been compiled by a number of Indonesian and foreign researchers.
In total, nine indictments are being examined by judges, and relate to incidents of mass murder, forced disappearance, torture, and sexual violence in the wake of the events of 30 September 1965.
Mr. Muharram explained that the tribunal can ultimately produce no legally binding decision, as only the Indonesian state can assume responsibility for these historic events. Moreover, no lawsuits will be targeted at certain individuals or organizations.
Moot Court
Hikmahanto Juwana, Professor of International Law at the University of Indonesia’s Faculty of Law has stated that the 1965 tribunal was no different from a moot court and had no legal basis.
“There is no such thing as a people’s tribunal. This tribunal is a purely non-legal initiative,” the Professor told hukumonline.
Professor Juwana asserts that the government can simply reject any decision produced by the tribunal. “However, those who established the tribunal in the first place with the intention of making recommendations to the government in order to resolve the 1965 issue are also well aware of this fact,” he added.
According to Juwana, “This matter should not be settled overseas. We understand the burden of history and we shall not forget. However we should not allow this tribunal and events that happened in the past to sow the seeds of disunity in our nation.”
“There’s no need to find out who was ultimately responsible, as this will lead to never-ending controversy. The point is that we do not want some kind of civil war emerging in Indonesia,” the professor explained.
Professor Juwana also regrets the fact that the Dutch Government has been willing to host the 1965 Tribunal. “The Dutch government should be more sensitive, as this tribunal will create suspicion within Indonesian society,” Juwana explained.
Further, Professor Juwana also questioned why the Westerling Slaughter that took place in Makassar is not being covered by the tribunal and wonders whether the Dutch government has a hidden agenda.
“If it becomes necessary, then the Dutch government may simply shut down the tribunal. It is not necessary to wait for a recommendation,” explained Mr. Juwana by telephone.
The professor believes that such a move may become essential in order to maintain good relations between Indonesia and the Netherlands. “There are bigger interests at stake here,” stated Juwana. “Many will not accept issues relating to the PKI being questioned once more,” explained the professor. “The government would definitely be in the wrong if it complied with such a tribunal, as it is being held abroad and is basically just a moot court,” the professor added.
Prof. Sunaryati Hartono, when also asked for an opinion during a discussion held at the Agency for National Law Development, stated, “I believe that this is embarrassing for the nation.” Hartono further added that the instigators of the tribunal should not have brought this history to the international stage.
“This country is just like a family. We do not dishonor our family. This is like my husband marrying another woman, and spreading the ignominy to my neighbors. It is embarrassing,” stated the professor who works for the Faculty of Law at Bandung’s Padjajaran University.
(sp)
Ari Pramuditya, Tri Yuanita Indriani
The International People's Tribunal Logo. Image by: 1965tribunal.org
Vice President Jusuf Kalla, has made a statement regarding the International People’s Tribunal 1965 (“1965 Tribunal”), which is currently being held in Nieuw Kerk in The Hague. Kalla has asserted that Indonesian government does not need to make any official comment regarding the 1965 Tribunal.
“This is not a real court. If it was a real court, then the process would take years,” explained the Vice President at his Palace in Jakarta on Wednesday.
According the Vice President, if the international community wants to seriously investigate the 1965 incident, then it should also investigate other crimes which were carried out by a number of western countries during various twentieth century wars.
“If this is what western countries want, then we will also make a similar court here. More citizens were killed during war time,” stated the Vice President.
Regarding the testimonies which have already been delivered by a number of Indonesian citizens at the 1965 Tribunal, the Vice President has asserted that the government could also provide a similar testimony relating to the victims that were murdered by foreign powers in Indonesia during the colonial era.
Previously, the Vice President has asserted that the government does not need to apologize for the 1965 massacres. Indeed it is Kalla’s belief that Indonesian army generals were the real victims, in line with propaganda disseminated during the New Order era of President Suharto.
“Do not forget that the events of 1965 started with the killing of our generals. Why should we apologize when the ones who were killed were our generals?” stated the Vice President.
Disunity
Lawmaker Arsul Sani (Commission III), has also weighed in, stating that he deplores the 1965 Tribunal. In his opinion, reopening the events of 1965 to public scrutiny is not a wise decision.
“It is my belief that addressing the sensitive issues surrounding the G30S incident is not a wise move,” Mr. Sani said in a statement made in Jakarta on Wednesday, 11 November 2015.
Lawmaker Sani believes that if the tribunal ends up placing blame on the shoulders of the Indonesian government or particular group, then this would sow the seeds of disunity in the country. He suggested that the implementers of the 1965 Tribunal should have considered the benefits and disadvantages of such a move before bringing this matter to the international stage.
“It is my opinion that the government does not need to react to the efforts of the 1965 Tribunal in The Hague,” Sani stated firmly.
According to Mr. Sani, if the tribunal ultimately produces a verdict that requires the Indonesian government to apologize, then a majority of the people will reject the decision. However Sani also made clear that he believes that the government needs to be more focused and show more seriousness regarding alleged human-rights violations in the past.
“While the international spotlight is being trained on us, the government needs to explain that the events that occurred in the wake of the G30s incident represented a chain of cause and effect, and can even be traced back to the PKI rebellion that took place in Madiun,” he explained.
The International People's Tribunal on Crimes Against Humanity in Indonesia in 1965 was held in The Hague from Tuesday until Friday (10-13 November 2015).
Reza Muharram, a tribunal committee member has stated that the tribunal was being held in order to prove the occurrence of, “genocide during the period 1965 to 1966,” which has never been recognized by the Indonesian state.
According to Mr. Muharram, seven judges are presiding over the tribunal, and Muharram affirmed that various scholars, human-rights activists and legal practitioners, including former judges at the International Criminal Tribunal for the former Yugoslavia, are participating in the proceedings.
These judges, according to Mr. Muharram, are examining evidence which encompasses information provided by 16 witnesses regarding the events of 1965, as well as data that has been compiled by a number of Indonesian and foreign researchers.
In total, nine indictments are being examined by judges, and relate to incidents of mass murder, forced disappearance, torture, and sexual violence in the wake of the events of 30 September 1965.
Mr. Muharram explained that the tribunal can ultimately produce no legally binding decision, as only the Indonesian state can assume responsibility for these historic events. Moreover, no lawsuits will be targeted at certain individuals or organizations.
Moot Court
Hikmahanto Juwana, Professor of International Law at the University of Indonesia’s Faculty of Law has stated that the 1965 tribunal was no different from a moot court and had no legal basis.
“There is no such thing as a people’s tribunal. This tribunal is a purely non-legal initiative,” the Professor told hukumonline.
Professor Juwana asserts that the government can simply reject any decision produced by the tribunal. “However, those who established the tribunal in the first place with the intention of making recommendations to the government in order to resolve the 1965 issue are also well aware of this fact,” he added.
According to Juwana, “This matter should not be settled overseas. We understand the burden of history and we shall not forget. However we should not allow this tribunal and events that happened in the past to sow the seeds of disunity in our nation.”
“There’s no need to find out who was ultimately responsible, as this will lead to never-ending controversy. The point is that we do not want some kind of civil war emerging in Indonesia,” the professor explained.
Professor Juwana also regrets the fact that the Dutch Government has been willing to host the 1965 Tribunal. “The Dutch government should be more sensitive, as this tribunal will create suspicion within Indonesian society,” Juwana explained.
Further, Professor Juwana also questioned why the Westerling Slaughter that took place in Makassar is not being covered by the tribunal and wonders whether the Dutch government has a hidden agenda.
“If it becomes necessary, then the Dutch government may simply shut down the tribunal. It is not necessary to wait for a recommendation,” explained Mr. Juwana by telephone.
The professor believes that such a move may become essential in order to maintain good relations between Indonesia and the Netherlands. “There are bigger interests at stake here,” stated Juwana. “Many will not accept issues relating to the PKI being questioned once more,” explained the professor. “The government would definitely be in the wrong if it complied with such a tribunal, as it is being held abroad and is basically just a moot court,” the professor added.
Prof. Sunaryati Hartono, when also asked for an opinion during a discussion held at the Agency for National Law Development, stated, “I believe that this is embarrassing for the nation.” Hartono further added that the instigators of the tribunal should not have brought this history to the international stage.
“This country is just like a family. We do not dishonor our family. This is like my husband marrying another woman, and spreading the ignominy to my neighbors. It is embarrassing,” stated the professor who works for the Faculty of Law at Bandung’s Padjajaran University.
(sp)