Attorney General Takes Legal Efforts To State Administrative Court Decision Stating That The Attorney General Is Against The Law

Attorney General ST Burhanuddin / right (DOK. ANTARA)

JAKARTA - The Attorney General's Office (AGO) considers the decision of the Jakarta State Administrative Court (PTUN) to be incorrect about the Attorney General being declared against the law because he said that the Semanggi I and Semanggi II incidents were not serious human rights violations.

"On the decision of the Jakarta State Administrative Court, the team of state attorneys as the defendant's attorney highly respects the TUN Court's decision, but because the verdict is deemed inappropriate," said Head of the AGO's Legal Information Center, Hari Setiyono, to reporters, Wednesday, November 4.

Later, the AGO will take legal action related to this decision. But the AGO team will first review the decision.

This is in accordance with the provisions of articles 122 and 131 of Law Number 5 of 1986 concerning Administrative Courts as last amended by Law Number 51 of 2009.

"The team of state attorneys as the defendant's attorney will first study the contents of the verdict and will definitely take legal action," he said.

Previously, the Jakarta State Administrative Court (PTUN) stated that Attorney General ST Burhanuddin had lost the lawsuit in court. The Attorney General is called against the law because he said the Semanggi I and Semanggi II incidents were not serious human rights violations.

This is referred to in the lawsuit decision filed by Sumarsih, the mother of one of the victims of the 1998 tragedy. Sumarsih as the plaintiff and the Attorney General as the defendant. This means that the PTUN Jakarta won Sumarsih's lawsuit.

"On trial, it states that the defendants 'exceptions are not accepted. The main case is that the plaintiffs' claim is completely granted," said Chief Judge Andi Muh Ali Rahman, who was seen on the official website of the Supreme Court Decision Directory, Wednesday, November 4.

The PTUN judge stated Burhanuddin's remarks at the Working Meeting between Commission III of the DPR and the Attorney General on January 16, 2020, which stated that Semanggi I and Semanggi II incidents were not serious human rights violations, were acts against the law by government bodies and / or officials.

In addition, it also requires the Attorney General to make a statement regarding the handling of alleged serious human rights violations in Semanggi I and II according to the actual situation. In addition, the judge also sentenced the defendant to pay a court fee of Rp. 285,000.

This problem started when ST Burhanuddin held a DPR working meeting last January. During the meeting he mentioned that the shooting cases of students known as Semanggi I and II 1998 were not serious human rights violations.

"The Semanggi I incident, Semanggi II, resulted in the results of the DPR RI Plenary Meeting which stated that the incident was not a serious human rights violation," said Burhanuddin.

However, Burhanuddin did not explain further when the DPR plenary meeting he meant to be held. The reason for the incomplete handling of gross human rights is the incomplete files compiled by Komnas HAM investigators.

"The cause of the incompleteness of the file is due to several things, namely the investigator only fulfills some of the results of the investigation, there is insufficient evidence that the research result is unable to clearly identify the alleged perpetrator of the violation," he explained.