Key Benefits:
RULING Number 020 /PUU-IV/2006
FOR JUSTICE BASED ON THE DIVINITY OF THE ALMIGHTY
THE CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA
THE EXAMINING, PROSECUTING AND SEVERING OF AFFAIRS constitution at the first and last level, has dropped the termination in case of application
testing of the Republic of Indonesia Law No. 27 of 2004 on
Commission of Truth and Reconciliation of the Act State Basic
Republic of Indonesia Year 1945, submitted by:
1. Drs. Arukat Djaswadi, Office of the Chairman of the Indonesian Community Centre for Community Studies (CSIC) address in Manukan Krajan
IV/23 Mojokerto, East Java;
Next is referred to as --------------- Applicant I;
2. K.H. Ibrahim, Position of the Kediri Kanigoro Foundation, address on Jalan Banjaran I/102 Kediri, Java
East;
Next is referred to as -------------- Applicant II;
3. K.H.M. Yusuf Hasyim, Title Nanny of Pondok Pesantren Tebuireng, address in Pondok Pesantren Tebuireng, Jombang,
East Java;
Next
is referred to as --------------- Applicant III;
4. H. Murwanto S, Office of the Governing Body of the Indonesian Patriot Movement, addresses on Zeni Road VII No. 9 Complex Zeni
Kalibata, South Jakarta;
Next is referred to as -------------- applicant IV;
5. Abdul Mun'im, S. H, Office of Teacher, address in Kerajan Wetan Rt 05 Rw 05 Temuguruh, Sempu District, Banyuwangi,
East Java;
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Next is referred to as --------------- Applicant V;
6. Drs. Moh. Said, Office of Chairman of the Paguyuban Victim of PKI Madiun Awareness, addresses in Takeran Village, Subdistrict
Takeran, Magetan, East Java.
Next is referred to as -------------- Applicant VI;
Based on the Special Power Letter, Dated August 17, 2006
gives the power to:
− Sumali, S.H., MH;
− Deddy Prihambudi, S. H;
− Dr. Eggy Sudjana, S. H;
− Aris Budi Cahyono, S. H;
All is Advocates and Assistant to the Consultation Board and
Legal Assistance (BKBH) University Muhammadiyah Malang selected domicile
law at the Tlogomas Road Office No. 246 (AR Fahrudin Lt 1 Mosque), Telp.
0341-464318 Pswt 193 Malang- 65144 East Java. Both together and
individually;
Next is referred to as ---------------------------------------------------------------------------- THE APPLICANT;
Has read the applicant ' s letter;
Has heard the caption from the applicant;
Has read the written caption of the Republican House of Representatives
Indonesia;
Has heard and read the Government's written caption;
Has heard the witness and the expert asked by the applicant;
has checked open-proof;
SITS THE CASE
Draw that the petitioners have applied
Testing Act No. 27 of 2004 (subsequently called the KKR Act)
against the Constitution of the Republic of Indonesia in 1945
(subsequently called the 1945 Constitution) which accepted in the Court of Justice
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The Constitution of the Republic of Indonesia (subsequently called the Court of Justice) on
on Monday dated September 06, 2006 and was registered on Monday
on September 11, 2006 with the Number 020 /PUU-IV/2006, which have been
corrected and delivered through the Constitutional Court's Kepaniteraan on April 4, 2006;
Draw, that the applicant in his request suggests
things as follows:
BASIC REQUEST
1. Article 24C paragraph (1) of the Basic Law of 1945 reads:
" The Constitutional Court is authorized to judge at first level and
The final verdict is final to test the legislation
against basic law, severing the institutional authority
state whose authority is granted by basic legislation,
severing the dissolution of the political party, and severing of disputes about
election results generic ";
2. Article 28C paragraph (2) of the Basic Law of 1945 reads: " Any
people are entitled to advance itself in the fight for its right
collectively to build a society, nation and country;
3. Article 28D paragraph (1) of the Basic Law of 1945 which reads: "Any
persons are entitled to the recognition, guarantee, protection and legal certainty
the fair and equal treatment before the law";
4. Article 28G Verse (1) The Basic Law of 1945 reads: " Any
people are entitled to personal protection, family, hornness,
dignity, and property under its authority; as well as the right to
a sense of safety and protection from the threat of fear to do or
not doing something that is a birthright ";
5. Article 29 of the paragraph (1) of the Basic Law of 1945 reads: "Country
based on the Almighty God";
6. No MPRS. XXV/MPRS/Year 1966 on the Disbandment of the Party
Communist Indonesia, Statement as a Forbidden Organization All Over
The State Territory of the Republic of Indonesia For the Indonesian Communist Party and
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The prohibition of any activity to propagate or develop
understands or the teachings of Communism/Marxisme/Leninism, Article 2 reads:
"Any activity in Indonesia to disseminate or develop
understand or the teaching of Communism/Marxism/Leninism in all forms
and its manifestation, and the use of all kinds of apparatus and media
for the dissemination or development of such teaching,
prohibited ";
7. Article 107b of the Law No. 27 of 1999 on Crime
Against State Security, which reads: " Whose goods are
against the law in public with oral, written and or through
the media of what pun, expressed a desire to negate or replace
Pancasila as the base of the state that resulted in the onset of the unrest in
society, or inflis loss of property or property loss
convicted with a prison criminal at most 20 (twenty) years ";
8. Article 107d of Law Number 27 of 1999 on Crime
Against State Security, which reads: " Whose goods are
against the law in public with oral, written and or through
media what Either, deploy or develop the teachings
Communism/Marxism-Leninism with the intent of changing or
replacing Pancasila as the basis of the state, convicted of criminal
the longest prison of 20 (twenty) years ";
9. Article 2 of the Law Number 10 of the Year 2004 on the Establishment
Laws of the Law which reads: "Pancasila is
source of all laws";
10. Article 43 of the Aparagraph (1) of the Law No. 26 of 2000 of
the Court of Human Rights, which reads: " Human rights violations
The heavy human being that occurred before the promulring of the legislation
this, checked and disconnected by the Ad Hoc Human Rights Tribunal ";
11. That the provisions set forth in the Act No. 27 of the Year
2004 on the Commission of Truth and Reconciliation, solemnently have
contradictory constitutionally with the provisions of Article 28C Verse (2);
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that, The applicant assessees that the existence of the KKR Act is not urgene and is not objectively, therefore, as not a single law product
mandates for the birth of the KKR Act. Meaning the existence of the Invite-
Invite KKR a quo may exist and may not exist;
That Article 43 Verse (1) Act No. 26 of 2000 on
Human rights justice, supplanted: " Heavy human rights violations are taking place.
prior to the promulgations of this Act, checked and disconnected by
the ad hoc human rights tribunal ". Therefore is unwarranted at all
if there is some people worrying if the KKR Act is in
impeached by the Constitutional Court then no more legal instruments
that available to resolve past severe human rights violations. In
it is said to be clear Law Number 26 of the Year 2000 on
Human Rights Court is used;
That based on objective conviction and rationality against
The KKR Act is more numerous mudeharal rather than maslasees,
and its presence is not mandatory and urgent. The applicant feels that once again the constitutional rights of the applicant as embodied in Article 28C paragraph (2), Article 28D paragraph (1) Section 28G paragraph (1) and Article 29
paragraph (1) of the Constitution of 1945 will potentially be difficult to manifest. optimal;
Next The applicant will prove that the a quo Act will not be able to guarantee its existence the dimensions of legal certainty and taste
justice to all parties ever involved in the event of a social conflict
The politics dyed the action of heavy human rights violations in the past, both as
The perpetrator or as a victim is found in the concept or definition
which is the key word in the KKR Act, namely: Truth,
Reconciliation, and Victim;
That what is meant by The Truth in Section 1 Verse (1) of the KKR Act is "the truth of an event that can
is expressed in respect of the heavy human rights violations
both regarding the victim, place, and time". But unfortunately in
the a quo Act is not found in the sections that explain
the size or norm of truth of an event, whether or not the event
the human rights violation is valid and Objective is actually happening or
just a piece of engineering. Clearly the a quo does not explain
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The procedural proofs and the evidence tools are whether to be used by
KKR and the victims of heavy human rights violations in the past, for
justifying legal standing and claim that it has occurred violation of
human rights against him (victim). Therefore the Validity and effectiveness
the concept and proofing of Truth according to this KKR Act became
subjective and immeasurable. The KKR Act is very difficult
to be embodied aspects of legal certainty (certainty);
That The applicant is the administrator of the Patriot Movement which is one of the components of the society that participates in the General Meeting. Listen
Opinion (RUDP) and dialogue with Pansus bill KKR, ever
relayed a proposal on the concept of truth, the point is that
the disclosure of truth must be subject to consideration: (1)
Tunduk on the law of causation or feasibility, meaning an event
do not just is revealed in a moment alone but in a process
dynamics; (2) Tuning in the logic of mass Psychology means the individual events
not regardless of the event between the larger groups where each-
each include in it; (3) strongly influenced by presumption or opinion
the public in giving error/weight judgment or violations;
(4) Very few cases and completeness and ease or
difficulty getting evidence tool; (5) other factors that may result in
a distortion in the revealed the truth. Unfortunately
The applicant's proposal was ignored by the House; that use of the diction or vocabulary "Reconciliation" as a titel
The KKR Act does not only pose a socio-political issue but
also does not have a pronunciation of the word. It causes a juridical problem. As found in the section
1 Verse (2) reconciliation is "result of a disclosure process
the truth, confession, and forgiveness through the Truth Commission and
Reconciliation in order of order Solve the heavy human rights violations for
The creation of peace and unity of the nation ". According to The applicant the concept or limitation of the understanding of reconciliation used by the Act a
quo really absurd and a historical. The bill a quo
willfully obstruction of history and human rights violations in the
past in such a way that as if the entire event
a severe human rights violation took place. In the past and all the victims.
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Human rights violations are those who are innocent (innocence) or
if it is an organization then the organization is legal.
objectively there is a dark event in the history of Indonesian civilization
which was precisely done by people and or those incorporated in
the organization declared haram to live on earth Indonesia, i.e.
PKI organization, which is clearly affirmed by the provisions of Article 2 Tap MPRS
Number XXV/MPRS/1966 jo Article 107 (b) and (d) Act Number 27
Year 1999 on Crime Against the Security of the State. Therefore,
ada0lah makes sense if it is then called into question: whether they are who
is clearly a member of the PKI and its henchmen and happens to be
victims of heavy human rights violations in the past, including also in the katagori
those who are entitled to reconciliation and even entitled to obtain
restitution and compensation? If the answer is to be allowed, then this is the method
effective to distort the historical fact. Because it could be the old one
considered the villain after reconciliation suddenly becomes a hero and so
anyway. Meanwhile, another excesses of reconciliation facilitated by
The KKR bill and the fearful and frightening applicant was to rise back to the communist movement in Indonesia. This is the bell of resurrection
and the come back of the ideology of Communism/Marxism/Leninism in Indonesia.
If that is to be expected of a historical blur and the efforts of legality
the teaching of Communism/Marxism/Leninism in the Indonesia, then applicant is the frontmost citizen to install to reject
reconciliation;
That according to the applicant, the legal theory should be the concept of Reconciliation and the provisions of the law. The KKR Act
concerns the reconsialiation provisions, listing Exception clau
HAM Ad Hoc. While a posteriori has no demands or vonnis from
a public audience that the Ad Hoc human rights tribunal should have been in
the box. Therefore it is rational if it is then questioned for what
naming new institutions if its existence adds up to the
issue and instead of resolving the issue;
That Article 47 Verse (2) Act Number 26 of 2000 on
Human Rights Court, reads: " Heavy human rights violations occur before
enactment of this Act does not close the possibility < ndonesia 1945.
-Declaring charge materials on the Considerans Section; Section 1 Verse (1);
Section 1 Verse (2); and Section 1 Verse (5) Act Number 27 Year
2004 on the Truth and Reconciliation Commission, do not have
legal power The binding.
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-Please the justice that is fair.
Draw that to strengthen the controls, the applicant has
submitted the evidence of the surat/written in the plea and
additional evidence received in the Court of Justice on the 13th
November 2006. Such evidence by the applicant has been made a seal of the signet
with enough, and in the form of proof of P-1 to the proof P- 12 is:
1. Proof P-1. Photocopy of the Applicant (applicant);
2. Evidence P- 2 Photocopy of the applicant's Identity Card;
3. Evidence P- 3 Fotokopy Basic Law of the Republic of Indonesia Year
1945
4. Proof P- 4 Photocopy Of MPRS Decree No. XXV/MPRS/1966;
5. Evidence P- 5 Photocopy of Law No. 27 of 2004 on
KKR;
6. Evidence P- 6 Photocopy of Law No. 27 of 1999 on
Crimes against State Security;
7. Evidence P- 7 Photocopy Act No. 10 of 2004
about the Formation of the Act of Invundation;
8. Evidence P- 8 Photocopy Act No. 26 of 2000 concerning
Court of Human Rights;
9. Evidence P-9a Photocopy of testimony and message;
Proof P-9b Photocopy Testimony of Land (land) of PG
Ngadirejo by BTI/PKI in Jengkol Kec. Plosoklaten, Kab
Kediri on behalf of H. MOH. Ibrahim.
Proof P-9c Testimony H. Masduqi Moeslim;
Proof of P-9d Testimony regarding the PG-owned Land (Land) Crucibotan.
Ngadirejo by BTI/PKI in Jengkol Subdistrict Plosoklaten
Kediri regency submitted by Setiarsa, SH;
Proof of P-9e Testimony regarding the PG-owned Land (Land) Erobotan.
Ngadirejo by BTI/PKI in Jengkol Subdistrict Plosoklaten
Kediri regency submitted by Basori;
Evidence P-9f The names of the Victims of the Muslims and the People of Humanity
Islam Yang killed by the Barbarians of the PKI Gang in
South Blitar of 1965-1968;
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P-9g Evidence for Victims of Psychological Impact
Torture and Massacres of Muslims and Figures
Muslims By the PKI Horde in South Blitar 1967-
1968 prior to Trisula operation;
Proof P-9h Radical Leftist (s);
10. Proof of p-10 Poster I am proud to be the son of PKI
proof p-10b Photocopy MEMORADUM Forum Victim Coordination
Event ' 65 in the event hearings with
PANSUS bill on KKR. Jakarta 19 November 2003.
11. Evidence of P-11 Copy electronics (VCD) about the koban family's testimony
and the public over the PKI atrocities in some areas in
East Java;
12. Evidence of P-12 Kliping newspaper from the print Media of Kompas Saturday 4
November 2006 Regarding KKR already lost
Momentum;
Draw that in addition to providing oral description at the trial,
government officials as well provide a written description, dated 13
November 2006 at the hearing on Monday 13 November 2006, in
received in the Constitutional Court on Monday 13
November 2006, at the point of the statement as follows;
I. UMUM
Human rights (human rights) is a basic right
attached to human self, which is universal and eternal. Because of that
human rights must be protected, respected, maintained, affirmed and
should not be ignored, reduced or deprived by anyone as well as people as per-
persons as individuals or by the Government.
severe human rights violations (gross violations of human rights)
which includes crimes against humanity and genocide (crimes again
humanity, genocide), which occurred in the pre-enactment of the Invite-
Invite Number 26 Year 2000 about the Court of Human Rights must
re-traced to reveal the truth as well as uphold
justice and form a culture of respect for human rights so that
can be realized a reconciliation in order to achieve unity and unity
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national. The disclosure of the truth also aims for the benefit of the
victims and/or the families of the victims who are his heirs to
obtain compensation, restitution, and/or rehabilitation.
In addition to the tonsils above, the creation of the Law on the Commission
The Truth and Reconciliation are also based on the Determination Of The Assembly
The People's Consultative Number V/MPR/2000 on the Unity Antapan
and the National Unity assigned to forming the Commission
The Truth and National Reconciliation as an extra institution The judicial system
the number of members and criteria is specified in the law.
To browse and disclose human rights violations which
weigh in, need to be done concrete steps by forming the Commission
Truth and Reconciliation pursuant to which mandated by Article 47
Act Number 26 of the Year 2000 on the Court of Rights
Man, which states: Verse (1) " Human rights violations that
the weight that occurred before the enactment of this law did not close
likely The completion is done by the Truth Commission and
Reconciliation "; Verse (2)" The Truth Commission and Reconciliation as
referred to in Verse (1) is formed with the Act ".
In addition to tasked with upholding the truth by revealing
the heavy human rights violations that occurred in the preceding period
enactment of Law No. 26 of 2000 on the Court of Rights
Human Human Rights, The Commission also carries out reconciliation in perspective
mutual interests as a nation. The steps that are taken are
disclosure of truth, error recognition, apology,
peace, law enforcement, amnesty, rehabilitation, or other alternatives that
benefits to uphold unity and unity
The creation of a law on the Truth and Reconciliation Commission
among others is based on consideration as follows:
1. The existence of severe human rights violations (gross violations of
human rights) which includes crimes against humanity and genocide
(crimes againt humanity, genocide) that occurred in the preceding period.
the enactment of Law No. 26 Year 2000 on the Court of Rights
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Human human, which to date has not been accounted for in
tuntas, so that the victim or victim's family is an expert
His claims still have not been given any certainty regarding the background
The occurrence of severe human rights violations against victims.
In addition to not obtaining compensation, restitution, and/or rehabilitation for
the suffering they experienced, the abandonisation of these responsibilities has been
raises discontent, cynicism, apathy, and distrust
the great against a legal institution because the he Constitutional Court of the Republic of Indonesia under the authority
as set forth in Section 24C of the Constitution of the Republic of the Republic
Indonesia 1945, wish to check the applicant ' s request and decide
as follows:
-Granting The Applicant's plea entirely;
-Declaring the Considerans Section; Section 1 Verse (1); Section 1 Verse (2); and
Section 1 Verse (5) UndangUundang Number 27 Year 2004 on Commission
Truth and Reconciliation, conflicting with the Basic Law
State of the Republic of I of course the PKI would no longer want to fail like this, they
created the scenario. That scenario is like a ketoprak that is now in fact
does not apply anymore. It says that this is an internal matter of the force
land, well the scenario was made so that they wash their hands.
The Revolutionary Council would be struck with the revolution board but that is
also failed. It will be able to read if we look at the history that they are
do. Then come in right now after failing that total wash hands,
they wash their hands and then now go into this reconciliation.
− Then sorry but behind that there's a tail, the tail
Compensation if in this way with their persistence it Insya
Allah ten meters from yaumil kiamah will not be completed which will
completing is total peace, from peace talks in
That Malaysia is twice alot once, beyond its alloys but it's finally happening
total peace.
− Then held two negotiations with a six-year gap
very alot, but at the second negotiated total peace.
Expert when reading proceeding there were three laws:
1. The recognition of Cheng Peng, My Side of History
2. Proceeding which was written by Ratana Jaya a Colonel of the army
land it.
3. There was a seminar in Australia and then Cheng Peng opened
the course of the talks and I felt moved.
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− A very clear clue within the day-to-day of the party move it The end
justify the means. The goal is to justify the means. What is the purpose of making it lawful
all the way that according to the most recent document nine clues
regarding the communist party in the PRC. Well it is mentioned there that
the nine is a way of cheating, inciting, criminal society,
spying, robbing, fighting, annihilate, and controlling. It was written
by escapees from mainland China, that in the communist party that
from 1917 to recent times, it was the first of its
lies, twisting facts, falsifying documents, slanderous, squeeze,
cheat, incite, bribe, intimidate, act hard, say rude,
beraci maki, torture, rape, damage, kill and slaughter.
In this case then the one that goes in in history that can't be-
The massacre of 120 million human beings in a 74-year period around the world.
EXPERT PROF. AMINUDDIN KASDI (Expert in History)
− Based on the historical experience it seems to be a communist awakening it
will have a pattern that is not too much different so if 1948
they failed, then they also attempted to remove a trace with
bringing one slander, namely that the Madiun event was caused by
due to a Hatta provocation and already goods of course this is very untrue, even
Hatta even so much as the heart is because carrying out Renville ' s approval
signed by Amir Syarifudin at the time of prime minister,
then Hatta it was also branded or said to be a seller of American sellers
nation and country. This was PKI after the Madiun event could be overgrown
by the end of October, then no more than three months of war broke out
The aggression of the second. All PKI prisoners who had not been tried to be acquitted
and others also then fled and after the recognition of sovereignty
they applied to Hatta, the rehabilitation PKI under
the leader of Joseph and Hatta although at the time he was prime
the 1948 minister was once rebellious but not heartache and based on
government rulings in 1950 Hatta as Prime Minister RIS
rehabilitating PKI. But in 1953, Hatta was sworn in . by
CC PKI in this regard was D.N. Aidit that the Madiun event
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provoked by Hatta and this was then also used again for
eliminating the trace in 1965.
− The Communist Party of Indonesia starts from a unilateral action event at Jengkol is in
the new plantations in the Pare area then also acts of torture to
Hamka against the sinking of the Van Der Wijk which according to my time
it was one character assassination that was not at its place done
by intellectual figures, whether it was Lekra and PKI in the sastrawan
Hamka. Then also after that we went to school in Malang and to coincide
with us in Malang it also happened a number of events that we had to
think critically, so for example the HMI event. So the lawsuit dismissed HMI in
Jember 1963 which was quizsed by CGMI and Utrek later
also the Kanigoro event 13 January 1965 coinciding at the time was
the fasting month and also the unilateral action-action event It was rampant in 1963
until 1965. The rice is according to the Javanese is the Goddess of Sri yang
feeding the Javanese. If the goddess was persecuted, dicabuti then the person-
the person later her life was dicabuti like that and no less than satwal
then a G 30 S/PKI event occurred.
− Which is called JIL (Liberal Islamic Network) that under the pretext of rights
human and democratization then the PKI has the same life rights
with the other, to make the seeds of the split, that is
teaches students, in the 2004 curriculum the existence of a new version of
G 30 S/PKI. The current course coincides with the
competence-based curriculum and the contextual teaching and learning curriculum where
the learning is taken from the sources that original, which
authentically. Because anyone knows that in 1948 the PKI did one
coup and its historical perpetrators still there then also the site of the place
historic also still a lot and how bithereously they were in Soco Village
it was planted in one the well no fewer than 134 bodies and trains
that used to carry the victim there was also still including Kharis's father
Suhud was there, not to mention the one in Guranggareng and not to mention
the loss of seven kiai in Tagelan Madiun on September 17.
− At the time of the public test there are certain groups that indeed
Deny or doubt the involvement of PKI and that G 30 S/PKI is not
46
more of Suharto's engineering. In this case I am in one thing indeed
must defend Suharto but in this case it is different, because on the moon
November 1965 in Salemba's prisoner's house it will be held ceremony
release for those arrested at the Jatinegara bird market two
weeks before that, for their alleged involvement in G 30 S. From the figure
which will be released attended or examined by military oditurates,
Ali Said with Dormawel Ahmad during Nyono's time wrote the name
The original was then handed over to the officer, mak gedebeg. So what
held this was sought and then delivered on Ali Said and
then arrested and interrogated. But at that timerge hole for later
on the day it was raided people in boarding schools it was brought
directly, slaughtered at that time. Muso when it comes, stow in
through Bukitheight as secretary of our representative in one of the countries
east at that time and immediately met with his friend indekost at AMS
Surabaya which became The President. Muso with Bung Karno one indekost at
HOS Cokroaminoto's house at the time. Later said Sukarno, "aarghh,
help dong our revolution!".
− Third >Kembiritan and Pandan were kept together equally. But after that night
/week at 11:00 p.m. with circumstances that were suddenly fulfilled
the raid on our village, heard the voice of the screaming man ready, ready,
ready so suddenly we were shocked, after shock Suddenly from the north.
That's a lot of sente. Mr. haji and I am confused who?
After being asked who? "My own friend from Genteng," but he said something like that.
That's the samurai who played this whole thing. Therefore, Mr. Haji
Muslih (alm) is, half of his hands broke up. So at 11:00 a.m., Mr. Haji runs
that's heading for the village of Kembiritan it at 11:00 to leave until the Kembiritan it
at 05:00 am because of what? Because of the amount of blood out so that the five
meters stop, five meters stop, five meters stop so that up
the kimiritan is at 05:00 a.m., so that finally there is contact link with
the police apparatus at the time That, the lakeness of the PKI group.
-These are the events that I experienced at the time, so that until
now this is the suffering that I experienced luwih nelgoose, iku luwih
nemen, and luwih are concerned. Even if anyway it will be later bounced back I was worried
50
later if the events are repeated again. Therefore what
I delivered this incident with the exact same circumstances and not
there is a bond.
WITNESS H. FIROZ FAUZAN
− For the class of mandatory reporting that is almost a million it is out, C
1,2,3 is also out of about 500 thousand. It's all out before the year
1972, then the B 1, the B2 is around 33, 34 thousand. On the Island of Hunt
about 10 thousand it was already out, the next of which all
had already gone out, until the condemned died out. Home after receiving
from Kopkamtib with R 75, then there was an instruction from Mendagri in 1981
Number 32, how coaching and surveillance against the already
out all. A group A, group B, group C returned to the
where there is a disturbance from the surrounding communities. So this is a proof
that the culturally reconciliation is already well.
-The problem is in the surveillance, the Minister of the Interior exists
Lemhanas, JukTechnically, the number 750 here is the result of the result. The psychotes
of the group B1, B2 that number 34 thousands of it. Eighty percent
hardcore is only 10-20 percent that is softcore, the soft.
− Not just repealed s. Change history.
So what Putmuinah says doesn't have anything to do with Article 60
A G that can be picky, but she's talking about the actual history
This apparatus in the area has to know all. That trashed it was not
relevant again.
− What happened to the historical reverse player. Then arguably they
which he said who might not be involved finally felt for some
this president he felt marginalized, discredited, and misspelled.
As well as demanding to all four former presidents, and one president in
the central Jakarta court.
− Bu Putmuinah is chairman Gerwani Blitar, he told the students
with a version of him where he is innocent, then many activities
his social starts from Kanak Kanak Melati Park, et cetera. She revealed
all and part of omit Putmuinah in front of the children, right Mom
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Putmuinah indeed she was not involved with G 30 S PKI, which involved G 30 S PKI it
only relation to Cakrabirawa and who came to Jakarta in number
not up to two, three, or four thousand. This has been processed through the team
judges as convicts, but we've been contaminated with
inmate G 30 S/PKI that only two, three thousand processed the Mahmilub judge team,
Subversion Military Court, and the court Otherwise. But the one through the team
special kind of the KKR Act now that applies like KKR
used to name the special team it did administrative actions, political action,
and disciplinary action.
− Bu Putmuinah is not engaged in G 30 S/PKI, but he was involved in
the substance of the events of 1965, not a takeover of the army leadership or
kidnapping the general. But the decree read the number-one formation of the council
The revolution was its substance. The government takeover of the country's government
Its substance. He ' s been preparing for the revolution board since the beginning of
September, through both Aidit himself. The relation to the resurrection-
the rise of the PKI was already quite clear of the fundamental threat and the total threat,
but because we were diverted concentration to the international threat of terrorism
and the national threat of separatism. And so the supposed concerns
came up against the fundamental threat, if the Pancasila were on the perforations so
eka sila but recently the MPR hearing was asked to convene every year
turns out to be amendment one, two, three, four clear TAP MPR XXV wants to be revoked.
Draw that the applicant has submitted its conclusions that
received at the Court of Justice on Tuesday 21 November 2006;
Draw that to shorten the statement of the verdict this, then everything
something indicated in the News Event News is considered to have been including
and is an inseparable part of this ruling;
LEGAL CONSIDERATIONS
Draw that the intent and purpose of the application is as
has described it above.
52
A draw that there are three things to be considered by
The court in this case, that is:
1. The Court ' s authority to examine, prosecute and disconnect
pleas are submitted by the applicant;
2. Legal standing (legal standing) the applicant to submit
requests a quo;
3. The subject matter which concerns the constitutionality of laws that
is asked for testing by the petitioners.
Against all three things above, the Court argues as
following:
1. COURT AUTHORITY DRAWS PURSUANT TO ARTICLE 24C PARAGRAPH (1) The Basic Law of the Republic of Indonesia, subsequently called the Constitution of 1945, "Constitutional Court
authorities prosecute at first and last level Its verdict is
the final to test the legislation against the Basic Law, breaking
the dispute over the authority of the state institution is granted by
Basic Law, severing the party dissolution politics, and breaking it about
general election results. " The provisions are republished in Article 10 of the Verse
(1) of the Republic of Indonesia Act 24 of 2003 on the Court
Constitution (Gazette of the Republic of Indonesia in 2003 No. 98,
Additional Gazette) Republic of Indonesia Number 4316, later called
Act MK);
Draw that the applicant's plea is concerningd again eventually. Stitches. So the result of that
I felt a lifetime flaw.
-With this KKR Act later that it occurred to me only
worried that the events of thirty-four years ago repeated again,
What a shock to the children of our grandchildren.
− Events at first there was a meeting in the village, which was attended by party figures
PKI. In the content of the meeting, the contents reconcile among each other
that was not affected by the incident that existed in Jakarta in the meaning of the village
proof and the evidence tools were required by KKR and
victims of heavy human rights violations in the past. Therefore the validity
and the effectiveness of the concept and the proof of truth according to this KKR Act
are subjective and immeasurable, so this KKR Act does not realize
legal certainty (legal certainty);
3) Article 1 of the Number 2 KKR Act reads, " results of a disclosure process
truths, confessations, and forgiveness through the Truth Commission and
Reconciliation in order to resolve the heavy human rights violations for
The creation of peace and Nation union ". According to the applicant the concept
or the understanding of the understanding of the reconciliation used by the KKR Law is really
absurd and ahistoris. The KKR bill has intentionally obstruction of justice
history and events of human rights violations in the past such
as if the entire event of severe human rights violations
occurred in the past and All victims of human rights violations are
The innocent (innocence). The petitioner
strongly suggested that the reconciliation mechanism in this KKR bill could meet
the fairness aspect of all parties and may apply. effective;
4) The Rumusan of the victims in Article 1 of the Number 5 KKR Act reads, " Victim
is an individual person or group of people who are suffering
both physical, mental, or emotional, economic loss, or experience
the abandils, subtraction, or the usurpation of its fundamental rights, as a result of
directly of the heavy human rights violations; including the victim
is also his heir". According to the extension of the legal subject
57
The victims were so potential for distortion and
manipulation of the KKR process itself. The applicant feels aggrieved
His constitutional rights are as affirmed in Article 28C Clause
(2), Article 28D paragraph (1), Article 28G paragraph (1), and Article 29 paragraph (1) of the Constitution
1945.
The applicant wants to assert that in principle the applicant is not
refusing a reconciliation done with honest, fair, and maslased reconciliation
as well as packaged with a mechanism that elegant and fair.
Draw that to strengthen his control, the applicant has
submitted three witnesses and three experts whose captions
have been contained in the Sekara Sit. In the description of the three experts
it is, among other things, that the KKR Law is contrary to
Pancasila and the 1945 Constitution. In addition, the KKR Law is seen as not
resolving the problem, even infliting new injuries because of the arrangement
contained in it was instead oriented towards "the vengeful audit". When all it takes is a total unconditional peace;
A draw that in severing this request needs to see and
pay attention to the case ruling Number 006 /PUU-IV/2006 concerning
the application of the legislation testing which equal to the 1945 Constitution;
Draw that the Court in legal consideration on the ruling
case number 006 /PUU-IV/2006 which has been broken up before this, states
in its pertimation, among others, " that all of these facts and circumstances
causes no legal certainty, either in its normal formula
nor the possibility of performing its norms in the field to achieve the goal
the reconciliation expected. With regard to considerations that have been
described above, the Court argued that the principle and purpose of KKR,
as detailed in Section 2 and Section 3 of the Act a quo, not
may be able to embodied because there is no guarantee of legal certainty
(rechtsonzekerheid). Therefore, the Court judges the law of a quo
overall in opposition to the 1945 Constitution so that it should be stated
does not have a binding legal force. With the fact the KKR bill is not
has the power of the law binding overall, it does not mean
58
The court has closed the resolution of severe human rights violations in the past
through a reconciliation attempt. Many ways can be taken for it, among others
by realizing reconciliation in the form of legal policy (invite-
invite) more similar to that of the UUD and human rights instruments that apply
universal, or by doing reconciliation through political policy in
order rehabilitation and amnesty in general. "
In a draw that amar the Perkara verdict Number 006 /PUU-IV/2006
it reads, " Grants The Applicant's Request; States
of the Republic of Indonesia Act 2004 on the Commission
Truth and Reconciliation are contrary to the Basic Law
The Republic of Indonesia in 1945; Declared the Republic Act
Indonesia Number 27 of 2004 on the Truth and Reconciliation Commission
has no binding legal force; command a loading
This verdict in the Republic ' s State News Indonesia as it should be".
Draw that by the legislation being moted for
tested that the KKR Law has been declared to have no binding legal force
which decision gains the power of the law Still since the end is said in
Pleno hearings are open to the public (vide Article 47 of the MK Act), then the request of the
The applicant loses its object (objectum litis), so that the request of the
The applicant must be declared no Acceptable (niet ontvankelijk verklaard)
because laws deemed to be detrient to its constitutional right
no longer have a binding legal force;
Given Article 47 and Article 51 Verse (1), as well as Article 56 Verse (1) Invite-
Invite the Republic of Indonesia Number 24 Years 2003 on the Constitutional Court
(SHEET STATE OF THE REPUBLIC OF INDONESIA IN 2003 NUMBER 98, ADDITIONAL
SHEET STATE REPUBLIC OF INDONESIA NUMBER 4316);
PROSECUTING
-stated the request for the petitioner could not be accepted (niet ontvankelijk verklaard);
59
It was decided at the Meeting of the Judges attended
by the nine Constitutional Judges on Monday, December 4, 2006, and
spoken in the Plenary Session of the Constitutional Court that was open to
General on this day, Thursday, December 7, 2006, by our Jimly Asshiddiqie
as Chairman of the Members, H.A.S. Natabaya, Soedarsono, Harjono,
H.M. Laica Marzuki, I Dewa Gede Palguna, Abdul Mukthie Fadjar, as well as H.
Achmad Roestandi, Maruarar Siahaan, respectively as Member, with
assisted by Alfius Ngatrin as Paniterand 1965, instead of listing Pancasila
as the primary reference mechanism of truth disclosure and
reconciliation;
2) Article 1 of the RCC Act mentions, " the truth of a events
which may be disclosed with respect to human rights violations
the weight of the victim, place, or time of the time ". However in
The KKR bill is not found in chapters that explain the size or
the norm of truth of an event, whether the event of violation
human rights is valid and objective is actually occurrin Replace as well as attended by
The applicant/Applicant Council, the People's Representative Council or that represents, and
The government or the representative.
CHAIRMAN
TTD.
Jimly Asshiddiqie. MEMBERS
TTD. TTD.
H.A. It's Natabaya. Harjono.
TTD. TTD.
Soedarsono. H. M Laica Marzuki.
TTD. TTD.
Abdul Mukthie Fadjar. I'm the God of Gede Palguna.
TTD. TTD.
H. Achmad Roestandi. Maruarar Siahaan.
PANITERA REPLACEMENT
TTD.
60
Alfius Ngatrin.
