A group of civil society representatives has urged Indonesia’s Supreme Court to invoke universal jurisdiction to prosecute those involved in the alleged genocide of Palestinians in Gaza by Israel.
Calls for Prosecution Based on Indonesian Law
Human rights activist Fatia Maulidiyanti stated that Indonesia’s Criminal Code (KUHP) provides the legal basis to enforce extraterritorial and universal jurisdiction over major international crimes, such as genocide. “The Supreme Court has the authority in the enforcement of universal jurisdiction, provided by the KUHP that entered into force this year, to prosecute human rights violations, including genocide and crimes against humanity,” Maulidiyanti said at the Supreme Court complex on Thursday.
The calls to the Supreme Court are based on Israel’s continued attacks on Palestinian territories, even after a ceasefire was established. Specifically, the repeated attacks on the Indonesian Hospital in North Gaza – which has endured 41 assaults, including drone strikes and encirclement – were cited as an example of a case Indonesia could pursue for accountability.
Hope for a Precedent
Maulidiyanti expressed hope that the Supreme Court will claim the universal jurisdiction principle and participate in efforts to end the alleged genocide against Palestinians. “This will be a good precedent, when Indonesia respects peace, human rights principles, justice, and accountability in law enforcement that prioritize human rights,” she remarked.
Representatives making the appeal included constitutional law expert Feri Amsari from Andalas University, public figure Wanda Hamidah, and musician Eka Annash of “The Brandals.”
Supreme Court Response
Anang Supriatna, head of the Supreme Court’s legal information center, said the court would need to collaborate with other government agencies, such as the Foreign Ministry and the Human Rights Ministry. “We could not enforce it alone since we must be in line with the position of the Indonesian government. We will assess the suggestion first, including its relevance to the new KUHP,” he said, adding that he would follow up with his superior.
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