By Usman Hamid
The end of military-backed autocratic rule on May 20, 1998, opened the way for greater respect for human rights in Indonesia. How far has the human rights agenda in the country progressed as the reform era (Reformasi) marks its 20th anniversary?
Reformasi has seen significant reforms in terms of politics and civil liberties as well as the separation of the army and the police, but, practically, human rights are still under threat in the country. Violations continue to take place in new forms.
The birth of Reformasi did not necessarily address human rights violations that took place during the military rule of Suharto. High ranking government officials and military generals remain above the law. Reformasi takes impunity for granted and former military generals, including some who are still on duty and who must be brought to justice for past human rights violations, still hold strategic positions in governments of post-Suharto regime.
Suharto’s successor BJ Habibie, a nonmilitary figure but seen as very close to Suharto, started the reform era by releasing all political prisoners and prisoners of conscience, allowing people to establish many political parties to contest in the general elections in 1999. However, he did not attempt to seek justice for the past abuses by the military.As of today, there have been five administrations since Reformasi was born. Each of them had a human rights agenda but unfortunately their work remained unfinished.
The next president, Abdurrahman “Gus Dur” Wahid, another nonmilitary figure, moved forward with his progressive human rights agenda: separating the police and the military and establishing the law on Human Rights Court in order to be able to try serious human rights violations in the past such as mass killings in Tanjung Priok 1984. Unfortunately, his human rights agenda was stalled after he was later impeached due to a highly questionable graft accusation.
Despite the Gus Dur government’s move to amend the constitution to better define articles on human rights, the military, which still had political influence in the parliament, managed to insert an article endorsing the legal principle of nonretroactive law enforcement, in a move to prevent future administrations from punishing the military for its past human rights violations — especially the killings of around 500,000 accused communist supporters in 1965, around 200,000 people in East Timor from 1975 and 1999, thousands of people in Aceh between 1989 and 1993 and hundreds of people in Papua since the 1980s. This was where Reformasi also officially gave birth to impunity.
Gus Dur limited the power of the military in his government but the latter regained its power under the rule of his successor, Megawati Sukarnoputri, also a political but nonmilitary figure. Megawati in 2003 took a more repressive approach in responding to independence movement in Aceh and Papua by bringing more soldiers to the two contested regions and restricting access for journalists and human rights defenders.
The regime of Susilo Bambang Yudhoyono (SBY), Megawati’s successor, was seen as the return of the military to the presidency, due to his status a military general from the Suharto’s era. After 10 years of ruling the country, SBY failed to live up to his promises to solve past human rights cases and the 2004 murder of human rights defender Munir Said Thalib, which implicated senior officials in the State Intelligence Agency (BIN).
After SBY, Indonesians returned the presidency to nonmilitary leadership by electing Joko “Jokowi” Widodo, a former mayor and businessman, as the country’s seventh president. Jokowi made a big promise to solve past human rights violations that cheered human rights defenders and family members of victims.
However, as he is being challenged by a political opposition power led by a strong former military general Prabowo Subianto, a former son-in-law of Suharto, Jokowi finally resorted to pragmatism. The president has embraced former police and military generals to serve in his government and Cabinet in what many see as a bid to contain Prabowo’s opposition leadership. Some of the ten former military generals, including Wiranto and Hendropriyono, who are members of Jokowi’s inner circle and Cabinet, were allegedly implicated in human rights violations cases such as the killings in East Timor.
Reformasi has failed on human rights in Indonesia because despite status of the government, whether military or not, former police and military generals implicated in past human rights violations have continued to hold power in the past 20 years.
As a result, human rights are still at risk in Indonesia despite people enjoying greater civil liberty and political participation.
Security forces in Papua, the restive and eastern most region of Indonesia, frequently apply unnecessary force when dealing with peaceful demonstrations that usually end up with extrajudicial killings. After East Timor, now Timor-Leste, became an independent country through a referendum in 1999 and Aceh secured a peace agreement with the central government in 2005 to end its struggle for independence, Papua is the only region in Indonesia today that still has both armed and peaceful independence movements, making the province the country’s hotbed for human rights violations in what security forces called ‘fighting against separatists.’
In the past 20 years, although Indonesia no longer had violent conflicts both in Maluku and Central Sulawesi, the country still saw ethnic and religious tensions and violence, resulting from divisive and scapegoating politics by the elites. Draconian laws have been readopted to restrict civil liberties and activism deemed as anti-Pancasila, separatist, or communist. Also, minority groups such as Ahmadiyah, Syiah, Christians, followers of native faiths, human rights defenders, journalists, as well as LGBT people frequently suffer discrimination and attacks from both state and nonstate actors without any serious efforts to bring those suspected of criminal responsibility to justice.
This culture of impunity goes back to the fact that none of the administrations from 1998 to 2018 managed to bring to justice those responsible for killing students in Trisakti University in Jakarta and in the Semanggi Tragedy, as well as the disappearance of students who fought for Reformasi in 1998. It is clear that Reformasi still has an unpaid debt to the killed and disappeared students who fought to defend the reform movement.
Published on The Diplomat on May 21, 2018