Open AccessQuo Vadis Trisakti, Semanggi I and II (TSS) case as a crime against humanity based on International Criminal Law perspective
Author(s) -
Dellvin Sergio,
Asmin Fransiska,
Tiffanny Natania
Publication year - 2022
Publication title -
international journal of research in business and social science
Language(s) - English
Resource type - Journals
ISSN - 2147-4478
DOI - 10.20525/ijrbs.v11i1.1597
Subject(s) - human rights , law , statute , crimes against humanity , humanity , democracy , politics , constitution , political science , sociology , rome statute of the international criminal court , international law , statute of limitations , war crime
The Trisakti Semanggi I and II (TSS) occurred in 1998 and 1999 during the reformation movement towards democracy upholding in Indonesia. Several students and people have been killed and injured in those days. The National Commission on Human Rights (KOMNAS HAM) has investigated the case and concluded that the case has a gross human rights violation aspect. The documents have reached the General Attorney of the Republic of Indonesia. However, there are obstacles faced by the victims and their families, the legal debate on whether the TSS can be classified as a gross violation of human rights or not. The Attorney General stated this doubt in their meeting with the Indonesian House of Representatives. The government's political will has been examined through the Indonesian Constitution in this matter. This article explores the burden of sufficient proof to conclude the gross human rights violation in the TSS case. Under the thorough independent investigation done by KPP HAM, the Trisakti Semanggi I and II (TSS) fulfills the elements of past gross violation of human rights known as a crime against humanity. The TSS case has met elements ruled under the ICTY and ICTR Statute 14, such as Article 7 of the Rome Statute 15. The article will also provide current discourse in a legal argument between national institutions regarding the case and what should be done afterward. The research uses a qualitative method with case studies related to the crimes against humanity at the national and international levels.