*Prosecuting Burmese Perpetrators of Serious Human Rights Violations in Jakarta*
Indonesia’s Constitutional Court Holds First Hearing into Law 26 of 2000 concerning the Human Rights Court
Jakarta 26 September 2022: The Constitutional Court in Jakarta has held its first hearing into whether the law governing the Human Rights Court can be changed, allowing a case to be brought in Indonesia against perpetrators of atrocity crimes in Myanmar.
Salai Za Uk Ling, Deputy Executive Director of the Chin Human Rights Organisation said “more and more states are permitting universal jurisdiction cases such as the Rohingya genocide case in Argentina and the case in Turkey against the Myanmar junta. This is a golden opportunity for Indonesia to position itself at the leading edge of positive change.”
The Indonesian constitution upholds the universal protection of rights, asserting that “everyone has the right to recognition, guarantee, protection, fair legal certainty, and equal treatment before the law. [Article 28D paragraph (1) of the 1945 Constitution].
The 1945 Constitution protects human rights regardless of citizenship status.
On September 7, 2022, a group leading figures submitted an application to the Court to remove the phrase “by an Indonesian citizen” from Article 5 of Law Number 26 of 2000 concerning the Human Rights Court. This stipulates “the human rights court is also authorized to examine and decide cases of gross human rights violations outside the territory of Indonesia, which are committed by Indonesian citizens.”
According to the petitioners, Article 5 clearly violates the universality of the 1945 Constitution. It also limits Indonesia’s role in realizing world peace and upholding the rule of law, as the Constitution stipulates.
The Constitutional Court Session was attended by Marzuki Darusman (Petitioner I) and Sasmito, Chairman of Aliansi Jurnalis Independen, AJI, (Petitioner III) along with 17 Attorneys for the Petitioners.
The Preliminary Examination was broadcast live on the Constitutional Court’s Youtube channel: Sidang Perkara Nomor 89/PUU-XX/2022. Senin, 26 September 2022. – YouTube
The next hearing by the Constitutional Court on this petition will be held on 11 October.
The legal team for the petitioners included the Human Rights Universality Team (U-HAM), THEMIS Indonesia Law Firm; LBH-PP Muhammadiyah; LBH-Pers on behalf of the Petitioners: Marzuki Darusman, Busyro Muqoddas, and AJI-Indonesia.
For further information please contact:
Ibn Syamsu, Themis Indonesia (082228682201)
Gufroni, LBH-PP Muhammadiyah ( 085714158130)
Ade Wahyudin, LBH Press (085773238190)