The people of Indonesia has had great expectation that being a
democratically elected President you will lead this nation to enter a New Era.
We would like to use this occasion to remind you of that expectation which was also
expressed by the Action Committee for the Release of Political Prisoners (KAP T/N)
in a statement of congratulations dated October 20, 1999 which read: "We hope that by your
being elected as the 4th President of Indonesian you will seriously lead this nation into
the New Era in the social, national and political life, where all people of this pluralistic
(tribes, ethnicities, religions and beliefs) society of ours may live in peace, harmony
and reconciliation, where law and human rights are respected and observed, where democracy
is exercised".
The trust and respect given to you by the people serve at the same time
as a heavy and difficult burden and responsibility, especially because for 34 years our
national dignity and morality have been destroyed by the Suharto and Habibie New Order
regime. We are fully aware, though that it needs time to overcome the burden and to carry
out the responsibility. Yet quick steps must be taken because time runs fast. So that our
nation can step forward in full confidence that we will be able to restore our self respect
and dignity amids international community. One of the important homeworks in this respect is
the agenda of national reconciliation, for which, to our opinion, solution to the problem
of political prisoners must be taken as a priority. What we mean by solution to the problem
of political prisoners is not merely releasing the prisoners from jail. More important point
here is the restoration of their dignity and identity as Indonesian citizens who have equal
rights and obligations in their Motherland. Civil and political rights of all ex political
prisoners must be restored. Their properties which were unlawfully plundered must be
compensated. In short, we deeply appreciate it that under your leadership our pride as a
civilized nation could be rehabilitated. And those who created hostilities and social
conflicts must be tried. Serious attention must be paid to the enforcement of supremacy of law.
Now we are in October 2000 which means that you have held the position of Indonesian 4th
President for one year. There have been some changes in the socio-political life in this
country. The most significant change is freedom of expression which has become almost beyond
(moral and ethical) norms. For example, you are slandered all out from all corners, both
reasonable and out of common sense slanders, which in Suharto's era it would just a taboo.
Gates of prisoners would be opened wide, not only for slanderers but also for those considered
slanderers.
With this letter we would like to raise 2 points which we hope you will
respond to them seriously. Actually these points are not new because they have been included
in our previous statement, and we have also taken them up frequently in different fora.
First, finalizing the solution to problems of political prisoners. We hope you are not in the
same opinion of certain people, including some State officials and politicians who think that
the problem of political prisoners is already closed because all political prisoners have
been released. Well, the release from jail is an important steps. However, to our opinion,
further steps to heal the historical wound are far more important if we really regard national
reconciliation an important matter, not merely a rhetoric. Important steps to be taken in
this regard include:
- Total and indiscriminative rehabilitation of civil and political rights of ex political
prisoners, particularly those of the 1965 case. They were powerless victims of Suharto's
regime.
- Rehabilitation of their property rights, including and in particular pension right
because pension money is a private savings by the people themselves, and veteran rights
because it serves as an authentic evidence of their historical involvement in the struggle
for national independence.
- Clarification of all political cases of the New Order regime. Some cases like Tanjung
Priok and July 27, 1996 cases are being processed for clarification at the pressure of
groups of the concerned victims. It is this transition Government that should take initiatives
for the clarification of all political cases of the New Order.
- "Renaturalization" of political victims of the New order regime who were forced to stay
abroad for more than 30 years as stateless people or those who had to take other citizenship
to maintain a normal living.
Rehabilitation and "renaturalization" of political victims of the New Order regime
is hindered by the unseriousness if the Government to handle the case. The Government seems
reluctant to issue legal instruments (Presidential Degree on Regulation) by which to settle
the problem. The Minister of Justice and Human Rights seems bored of our demands repeatedly
addressed to him. The demand to revoke discriminative and stigmatizing laws like Decree
No. 25/1966, Ministerial Instruction No. 32/1981, etc has not been responded to by the
Government.
We demand you to give instructions to your aides, the Justice and Human Rights Minister,
the Home Affairs Minister and others to seriously look into this matter.
Second, enforcement of supremacy of law. The above points belong to political and
legal matters which can be handled only if the Government has political will and takes
political decision.
Law enforcement is essentially important for the restoration of our national image and
dignity, and at the same time it will rehabilitate the image of the Government before the
Indonesian people and the international community as well.
Law must be enforced indiscriminatively. Just like all people are equal before God, all
people are also equal before the law.
But the present legal process against former President Suharto, his family and cronies seems
to be so exclusive, although it is transparently evident and has been proved at the court
that Suharto and Hutomo "Tommy" Mandala Putra have committed serious corruptions
which have inflicted a great loss upon the State, billions of rupiah, so they should undergo
imprisonment. The judge and the prosecutor should be able to get Suharto present at the court.
Tommy Suharto should be taken to the Cipinang prison immediately following the punishment of
the Supreme Court.
Street judgement which frequently occurs in the society by burning down or beating to death
a street suspected thief is an expression of people's distrust to our law enforcement
institutions. Tommy Suharto on the other hand who has been lawfully proved to be a giant
thief, and has been punished by the court remains at large. He even filed an appeal for
presidential clemency.
It would be an extremely disgracing humiliation against Indonesian people, Indonesian Government,
and Indonesian law itself if you granted clemency to Tommy Suharto. That is why, for the sake
of the sense of justice of the people and for the enforcement of law we demand that you
reject Tommy Suharto's appeal for clemency.
We suggest you, Mr. President, to take firm decision for law enforcement in this country for
democratization of this country. You may set up a committee or commission with membership
taken from NGOs which have proved their deep integrity and concern to law and human rights
enforcement, to assist you. We propose this option because we see that one of the most
serious obstacles in the process of democratization and law enforcement in this country
today lays at the bureaucracy itself where more than 90% of them represent the New Order
bureaucracy which are trying hard to return the status quo regime to power.