Department of Government Studies

Human rights are fundamental rights inherent to every individual, providing legitimacy for security and freedom of expression. According to Article 1, Paragraph 1 of Law No. 39 of 1999 on Human Rights, human rights are defined as a set of rights inherent to the nature and existence of humans as creations of God Almighty. These rights are a divine gift that must be respected, upheld, and protected by the state, law, government, and society to honor and safeguard human dignity.

However, these principles have not been fully realized for the people of Aceh, where gross human rights violations are an inseparable part of their dark history. These violations, which occurred during the pre-Helsinki Agreement conflict era, have left scars of suffering. Numerous investigations by governmental and non-governmental organizations have documented these violations. Yet, efforts to address justice for victims have made little progress.

Despite the enactment of Law No. 26 of 2000 on Human Rights Courts at the national level, its practical application remains inadequate to address gross human rights violations during Aceh's conflict period. One significant example is the era of the Red Net Operation, or Daerah Operasi Militer (DOM), from 1989 to 1998, and the post-DOM period. These periods are marked by war crimes, including torture, forced disappearances, rape, and extrajudicial killings of innocent civilians, painting a grim picture of the failure of Indonesia's human rights enforcement.

Traces of War Crimes in Aceh

Official investigations into human rights violations in Aceh began in July 1998. Various investigative teams and fact-finding missions have collected evidence of hundreds of cases of violations since 1989, pointing to the involvement of security forces.

In 2012, a seminar titled “Revealing the Truth of Human Rights Violations in Aceh” at Malikussaleh University, Lhokseumawe, highlighted multiple investigations, including:

1. July 1998: The Joint Fact-Finding Team of the DPR was formed and, by October 1998, had identified over 6,837 cases of human rights violations from 1989–1998.
2. August 1998: The National Commission on Human Rights (Komnas HAM) conducted an investigation, uncovering evidence of 781 deaths, 163 disappearances, 368 torture cases, and 102 rape cases between 1989 and 1998.
3. July 1999: The Independent Commission for Investigating Violence in Aceh (KIPTKA) was established by presidential decree under President Habibie. It documented over 7,000 cases of violations, including extrajudicial killings, torture, forced disappearances, arbitrary detention, rape, and sexual violence.
4. November 1999: The Attorney General’s Office investigated five cases recommended for trial by KIPTKA, including rape in Pidie (August 1996), torture and forced disappearances at Rumoh Geudong (1997–1998), extrajudicial killings in Idi Cut, East Aceh (February 1999), the massacre at Simpang KKA, North Aceh (May 1999), and the killing of religious leader Tgk. Bantaqiah and followers in Blang Meurandeh, West Aceh (July 1999).

Other incidents, as monitored by Kontras between July and December 1999, include:

• Civilian casualties: 194 civilians were victims of violence by security forces, 22 of whom died, with 172 others sustaining injuries.
• Mysterious killings: At least 290 victims of mysterious killings occurred between October and December 1999, resulting in 239 civilian deaths.
• Arson attacks: Between April and December 1999, 902 buildings were burned, with 80% being schools.
• Kidnappings: Between August and December 1999, 128 individuals (105 civilians) were abducted, many of whom were later found dead.

Subsequent military operations, such as Operation Rajawali in 2001 and the Military Emergency periods in 2003–2004, recorded further human rights violations. However, accountability for these crimes remains elusive.

Hope Through the Helsinki Agreement

The signing of the Helsinki Memorandum of Understanding (MoU) on August 15, 2005, between the Indonesian government and the Free Aceh Movement (GAM) offered a glimmer of hope for truth and justice. The agreement included a commitment to establish the Aceh Truth and Reconciliation Commission (KKR) to address past human rights violations. This was further reinforced in the Aceh Governance Law (UUPA), specifically Articles 229, 230, 259, and 260.

Despite these measures, no significant progress has been made in revealing the truth about human rights violations in Aceh. The hope remains that justice for the victims and survivors, including those who witnessed atrocities like rape and murder of family members, can help heal past wounds and pave the way for a brighter future for the people of Aceh. Serious investigations and accountability are essential to erase the lingering bitterness and resentment and to restore faith in human rights for all.