JULY 2011
Contributor: Muhammad Ikram Nur Fuady - ALSA LC Universitas Hasanuddin
A. Introduction
Chinese Ethnic groups (also called China) in Indonesia is one of the
ethnic in Indonesia. Usually they call themselves by the term Tenglang
(Hokkien[1]), Tengnang (Tiochiu), or Thongnyin
(Hakka). In Mandarin they called Tangren (Hanzi: 唐人, “Tang people”).
This is consistent with the fact that the Chinese-Indonesian majority
originated from southern China who refer to themselves as the Tang,
while northern Chinese people refer to themselves as Han (Hanzi: 汉人,
pinyin: hanren, “Han people”[2]).
After the riots in May 1998 when the revelation of the Suharto
regime, there are many violations that occur upon the ethnic Chineese.
At that time the state of Indonesia is experiencing financial crisis and
on 14-15 May 1998 with the riot quickly turned into a pogrom targeting
properties and businesses owned by ethnic Chinese (Chinese Indonesian),
which was made into a scapegoat .. Many stores put signs like “Whose
native” (“Owned by a native Indonesian (s)”) or “Pro Reformasi”
(“Pro-reform”). If not, the shops owned by ethnic Chinese were looted
and burned. There are also dozens of documented accounts of ethnic
Chinese women were raped.
U.S. State Department noted in its report: “After
the riots, gang allegations of mass rape of ethnic Chinese women into
the international headlines lines, forcing the government to establish a
fact-finding team to investigate the riots and rapes. The team found
that elements of Indonesia’s special military forces (Kopassus) have
been involved in the riots, some of which deliberately provoked. The UN
Human Rights Council to visit Indonesia is also verified 66 rape victims
who come forward, the majority of whom were Sino-Indonesian, and
various other acts of violence against women.”
In a climate of fear, many ethnic Chinese, who make up about 3-5% of
Indonesia’s population, fled abroad. In consequence, the fact-finding
team from the Asian Legal Resource Centre stated that the military has
played a role in the violence.
More than 1,500 people were killed and more than 468 (168 victims in Jakarta alone) was gang raped in a mass riot.
More than 1,500 people were killed and more than 468 (168 victims in Jakarta alone) was gang raped in a mass riot.
There is the possibility of death 5000. Rape cases are
under reported as the Criminal Code will only consider the penetration
of the male sexual organ as rape. Rape by other objects with sharp or
blunt objects are not regulated in the Criminal Code article on rape
Also, according to the Indonesian Criminal Code, a rape victim to
provide witnesses and evidence, in May 1998 that rape victims are very
traumatized and unable to present evidence because the crime occurred
more than a decade ago.
B. Legal Background
Learning from experience that occurred after 14-15 May 1998 riots
against ethnic Chinese settlement required an effective and quick.
Indonesia is a country of law and democracy are, of course, love peace.
Totally reject such thing as racial discrimination, ethnic, tribal, and
religious.
Therefore, it takes strong action on the part of government that can be realized through:
1. Legislative Action
1. Legislative Action
In this case, the Indonesian state executive bodies, namely the DPR
(House of Representatives) should be able to prevent a similar
occurrence in ethnic Chinese. “Given the ethnic Chinese is also an
Indonesian citizen who legally have the same degree in the eyes of the
law.” [3] To that end, the House had to support all backup
all the elements that can trigger the break. Namely by pouring into the
Act expressly that in Article 2 of Law No. 12 Year 2006 on Citizenship
of the Republic of Indonesia. [4] which states that “The
citizen of Indonesia is the Indonesian people and the indigenous people
of other nations authorized by law as citizens. “So, in Act there must
be no element of discrimination or exclusion in the life of a nation.
Including in the Penal Code and the process of punishment.
2. Executive Action
Government as the executive body in the country should seriously
consider the problems facing society, especially issues of social
inequality. In reality, minorities received little attention from the
government, particularly ethnic Chinese. Like, there are some schools
which only accept people of Java and vice versa, there are schools which
only accept people of Chinese ethnicity. There should be balance and
there is no exception. And this is certainly bear a striking social
inequalities. Which affects the stability of the life of the country of
Indonesia.
As is known, as the minority ethnic Chinese in Indonesia also have an
important role in the process of nation development. “We confess as a
nation of unity in diversity, therefore the government should be more
assertive in carrying out its policy again to be more touching all
levels of society by way of further improving the performance of Komnas
HAM and also its implementation in society”.[5]
3. Judicative Action
The judiciary and law enforcement agencies play an important role in
providing support to solve the social problem. It is absolutely
necessary to ensure that all Indonesian citizens were equal before the
law as mandated by the 1945 Constitution. Empowerment of the judiciary
and law enforcement agencies must demonstrate its commitment to efforts
to combat disunity which usually happen and that must be treated
immediately. Must also realize that the functioning of protection of
human rights commissions including Chinese people. Certainty of law
including the “predictability of the enforcement of law.” This is
important because of society as a principal, through state institutions
that can create unity as a nation of justice and Indonesia because of
“wealth” for the prosperity of the nation-state in this case the
majority of minorities together.
Conclusion
This is the dilemma of the democratic process that is very
heartbreaking to minorities. Constitution in this country so easily
deflected his commentary. If the last limit is called the constitution
could still be deflected and may be ignored, and especially the last
line of defense togetherness can be a very pluralistic nation like
Indonesia?
If the level of decision-making are the things that are public
domain, then the majority of fair procedure in implement. But if the
procedure was applied to give another meaning to the life nation and a
new interpretation of ideology, then that violated the constitution and
in turn eliminate the feeling of together as one nation.
If the level of decision-making are the things that are public
domain, then the majority of fair procedure in implement. But if the
procedure was applied to give another meaning to the life nation and a
new interpretation of ideology, then that violated the constitution and
in turn eliminate the feeling of together as one nation.
Therefore, the necessary firmness[6] and courage of the
state institutions to sanction violators of human rights in Indonesia,
be it the executive, legislative, and judicial branches. Due to the
cooperation between the three institutions would create a near-perfect
results. Which of course must be based on ideology Pancasila and the
1945 constitution. Particularly Act. 39 Year 1999 on Human Rights and
article 2 of Law No. 12 of 2006 on citizens.
And so, there will be no longer the social gap between the minorities
and the majority both in terms of race, ethnicity, culture, ethnicity,
and religion in Indonesia.
Footnote:
1 Sumiati Wijaya, Kaum Tionghoa di Indonesia, Bina Cipta, Bandung, 1982, Page:35.
2 Sumiati Wijaya, Kaum Tionghoa di Indonesia, Bina Cipta, Bandung, 1982, Page:35.
3 Albert Biewer “Social Inequality,” March 14, 2005. Page:20.
4 UU no. 12 tahun 2006
6 Ajahya Herman, Hidup sebagai Kaum Minoritas, PT. Raja Grafindo Persada, Jakarta, 2006, Page.70
D. Bibliography
Sumiati Wijaya, Kaum Tionghoa di Indonesia, Bina Cipta, Bandung, 1982, Page:35
www.wikipedia.com, keyword : tionghoa etnich
www.komnasham.go.id
Ajahya Herman, Hidup sebagai Kaum Minoritas, PT. Raja Grafindo Persada, Jakarta, 2006, Page.70.
Albert Biewer “Social Inequality,” March 14, 2005. Page:20.
UU No.39 Tahun 1999 dan UU No. 12 Tahun 200
