Brief description:
(Source: ICTJ - KontraS 2011)
On 12 September 1984 Indonesian security forces opened fire on civilian protesters at the Jakarta port of Tanjung Priok. (…) [They] indiscriminately shot at civilians, killing dozens. Fifteen were forcibly disappeared, 98 tortured, 96 arbitrarily arrested and detained and 58 experienced unfair judicial processes.
Time: 12 September 1984
Location: Jalan Yos Sudarso, Tanjung Priok, Jakarta Utara
Rights violated:
- Right to life
- Right not to be tortured
- Right not to be disappeared
- Right not to be illegally arrested
- Right to fair trial
Victims
Killings:
- dozens (KontraS 2001 [1]);
- 24 according to KPP HAM (Special investigation team of Komnas HAM)[2]
- 40 according to Gen L.B. Moerdani [3]
- According to later KontraS investigations: 14 victims by shooting, 9 victims as result of fire, 1 victim as result of torture·
Torture:
- 93 person, of whom one died as a result, in different locations:
- RSPAD
- Kodim 0502 Jakarta Utara,
- Laksusda Jaya Kramat V,
- Mapondam Guntur,
- Ruman Tahanan Militer Cimanggis,
- LP Salemba
- LP Cipinang·
Disappearances:
- 15 persons including some who have been identified after exhumation;
- Enforced disappearances that took place until three months after 12 September 1984.
- Those who had been buried, were clearly enforced disappearances because their relatives had not been informed, and the burial had taken place at night.
Arbitrary detention:
- o According to Prosecutor-General 200 persons, of whom 170 have been brought to court;
- o According to KontraS investigation: 96 perons
- o They were arrested in a period of three months following 12 September 1984 in places like Jakarta, Garut, Tasikmalaya and Ujung Pandang (Makassar)
- o They were detained in illegal detention centres such as RSPAD, Kodim 0502 Jakarta Utara, Laksusda Jaya Kramat V, Mapondam Guntur, Ruman Tahanan Militer Cimanggis, being military and not civil detention centres.
Unfair trial:
- 170 persons[4]
Chain of events:(ICTJ – KontraS 2011):
A few days earlier [before 12 September 1984] a dispute over anti-government sermons delivered in a local mosque resulted in several arrests and a soldier allegedly desecrating a mosque. (…) Following the events [of 12 September 1984] victims were branded enemies of the state and the government claimed the shooting was a justified response to the protest.
Investigations:
A Komnas HAM inquiry that was established to investigate 23 suspects led to Ad Hoc Human Rights Trials.
Allegedly responsible:
The report of KPP[5] identifies three categories of responsibility of these human rights violations in Tanjung Priok:
- those in the executive role (Satuan Arhanud) who used excessive force,
- those responsible for the operational Command at the level of Kodim and Polres;
- and, third the commanders who should have stopped the violations.
From the Unit Arhanud, Satuan Arhanud Tanjung Priok :
1. Serda Sutrisno Mascung
2. Pratu Yajit
3. Prada Siswoyo
4. Prada Asrori
5. Prada Kartijo
6. Prada Zulfata
7. Prada Muhson
8. Prada Abdul Halim
9. Prada Sofyan Hadi
10. Prada Parnu
11. Prada Winarko
12. Prada Idrus
13. Prada Sumitro
14. Prada Prayogi
From the level of Kodim Jakarta Utara :
15. Letkol. RA. Butar-Butar, Dandim Jakarta Utara
16. Kapten Sriyanto, Pasi II Ops. Kodim Jakarta Utara
From the level of Kodam V Jaya :
17. Mayjen TNI Try Soetrisno, Pangdam V Jaya
18. Kol. CPM Pranowo, Kapomdam V Jaya
19. Kapten Auha Kusin, BA, Rohisdam V Jaya
20. Kapten Mattaoni, BA, Rohisdam V Jaya
From the level of Head Quarters of the Army, Mabes TNI AD :
21. Brigjen TNI Dr. Soemardi, Kepala RSPAD Gatot Soebroto
22. Mayor TNI Darminto, Bagpam RSPAD GATOT SOEBROTO
From the Head Quarters of the Armed Forces, Mabes ABRI :
23. Jenderal TNI L. Benny Moerdani, Panglima ABRI / Pangkopkamtib
Judicial proceedings:(ICTJ – KontraS 2011):
Fourteen active and retired military officials were put on trial in 2001, at a special Ad Hoc Human Rights Court. Twelve were convicted and the Supreme Court later acquitted all of them on appeal.After the court acquitted artillery Capt. Sutrisno Mascung, in 2006 the Supreme Court refused the prosecutor’s request to overturn the decision, arguing that the actions were not human rights violations (because the victims were armed) and the case should have been heard in a regular court, not an ad hoc human rights court.[6]
As in other such cases, prosecutors failed to consider those responsible for planning the action, drafted weak indictments, and failed to ensure protection of witnesses or victims. Outside the court process, defendants offered payments to victims and witnesses, many of whom then withdrew their testimony or retracted their statements.[7]
Rehabilitation:
The human rights court ordered the state to pay 1.15 billion rupiah (then approximately $110,000) to family members of 13 victims, citing the need to consider victims who have not accepted an out of court settlement paid by the perpetrator. However, when the appeals court overturned the initial conviction, the initial court order to pay compensation was never implemented. In February 2007, the victims went to the Central Jakarta court to demand the compensation. In rejecting their requests, the judge said the decision on compensation was cancelled when the Supreme Court rejected the appeal on February 28, 2006.[8]
See also: Setelah 27 Tahun Kasus Tanjung Priok Belum Juga Tuntas | Radio Nederland Wereldomroep | Diterbitkan : 13 September 2011 - 5:03pm | Oleh Aboeprijadi Santoso (Foto KontraS)
Footnotes:
[1] Source: Investigation KontraS: Sakralisasi Ideologi Memakan Korban, Sebuah laporan investigasi kasus Tanjung Priok, KontraS, April 2001.
[2]Source: KPP HAM: Ringkasan Eksekutif Laporan Tim Tindak Lanjut Hasil Komisi Penyelidik dan Pemeriksaan Pelanggaran Hak Asasi Manusai di Tanjung Priok (KP3T); 11 Oktober 2000. Click here to read the whole report.
[3] Source: A.M. Fatwa, Demi Sebuah rezim, Gramedia, Jakarta, 2000, p. 250
[4] Source: Merdeka, 21 November 1984: 170 Tersangka Kasus Priok akan diadili.
[5] See note 2 above
[6] Thoso Priharnowo, “MA: Perkara Mascung Bukan Pelanggaran HAM” [Supreme Court: Mascung case not human rights violation], TEMPO Interaktif, March 1, 2006, http://www.tempo.co.id/hg/nasional/2006/03/01/brk,20060301-74649,id.html.
[7] J. Fabian Junge, Kesempatan yang Hilang, Janji yang tak Terpenuhi: Pengadilan HAM Ad Hoc untuk Kejahatan di Tanjung Priok 1984 [Lost opportunity, promise not kept: Ad Hoc Human Rights Court for Tanjung Priok 1984], KontraS and Watch Indonesia! (2008), 22.
[8] Kartika Candra “Pengadilan Tolak Kompensasi Korban Tragedi Priok” [Court denies compensation to victims of the Priok tragedy], TEMPO Interaktif, February 28, 2007, http://www.tempointeraktif.com/hg/nasional/2007/02/28/brk,20070228-94446,id.html .
