Ruth Sitepu is an Indonesian citizen who disappeared in Malaysia, with her whereabouts last known on 30 November 2016.
The final report of a public inquiry conducted by Suhakam, the national human rights institution in Malaysia, stated that Ruth’s disappearance is a case of enforced disappearance, under Article 2 of the International Convention on the Protection of All Persons from Enforced Disappearances.
Suhakam found acquiescence of Malaysian state agents in Ruth’s disappearance and a refusal to acknowledge her disappearance by the Royal Malaysia Police.
However, three years since Suhakam’s final report on the public inquiry was released on 15 April 2022, there has not been any clarity on Ruth’s status and condition.
The Commission for the Disappeared and Victims of Violence (KontraS) and Ruth’s family highlight the absence of state responsibility on behalf of the government of Malaysia and the absence of active actions on behalf of the government of Indonesia in encouraging the said responsibility.
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Recently, on 5 November 2025, the Kuala Lumpur High Court granted two civil lawsuits filed separately by the wives of Amri Che Mat and Pastor Raymond Koh, two other victims of enforced disappearance who were reported missing since late 2016 and early 2017.
In its verdict, the court ruled that the government of Malaysia and the Malaysian police are accountable for the enforced disappearance cases of Amri and Koh.
Therefore, the court ordered the government and the police to reopen the investigation and the search for the two victims.
The court also ordered the government to pay monetary compensation per day to each victim’s family as a form of redress for the damages caused by the disappearances, starting from the day the victims disappeared until the government can provide clarity on the victims’ status and whereabouts.
This compensation mechanism is in accordance with international customary law, which has been done by various states, such as Chile and Brazil, for the victim families of enforced disappearances.
Although these follow-up actions in the form of reinvestigation and compensation started from civil lawsuits filed by the families, this court ruling should serve as a precedent for follow-up actions in the case of Ruth’s enforced disappearance.
Moreover, through its public inquiry, Suhakam found the relationships between the cases of Amri, Koh, Joshua Hilmy and Ruth. This indicates that state accountability in the cases of Amri and Koh should be done as well in Ruth’s case.
In accordance with transitional justice principles, the state must do truth-seeking especially in cases of enforced disappearances. The truth-seeking principle was first acknowledged by the international community as one of the settlement mechanisms of enforced disappearances cases, where the location of the victims is not known by the family or the public.
The government of Indonesia must take active and concrete measures to encourage the government of Malaysia in truth-seeking and the settlement of the enforced disappearance of Ruth, an Indonesian citizen.
Although Suhakam’s finding stated that the acquiescence of and refusal to acknowledge Ruth’s enforced disappearance by Malaysian state agents, the government of Indonesia still bears a duty to protect Ruth under Article 18 paragraph (1) and Article 21 Law Number 37 of Year 1999 on Foreign Affairs.
Furthermore, Indonesia also has a derivative regulation, that is, the Regulations of the Ministry of Foreign Affairs Number 5 of Year 2018 on the Protection of Indonesian Citizens Abroad, which in its consideration stated that the protection of Indonesian citizens abroad is done by considering the general principle of good governance.
In this case, the protection of Ruth Sitepu, an Indonesian citizen, within the case of enforced disappearance, is guaranteed by Article 28I, paragraph (4) of the 1945 Constitution. Additionally, the government of Indonesia’s efforts in encouraging accountability from the government of Malaysia in Ruth’s enforced disappearance is acknowledged by the passive nationality principle in international jurisdiction.
“Our family hopes that the government of Indonesia will seriously engage in the search for our sister, Sister Ruth. Because we still and always hope that we can meet our sister again,” said Iman Setiawan, Ruth’s younger brother.
Therefore, we demand that:
- The government of Malaysia carry out truth-seeking and the search for Ruth’s whereabouts
- The government of Malaysia provide reparations to Ruth’s family for the damages caused by the disappearance
- The government of Indonesia actively encourage the government of Malaysia to work towards the settlement of Ruth’s enforced disappearance case in accordance with the passive nationality principle in international jurisdiction
– Commission for the Disappeared and Victims of Violence (KontraS), Indonesia
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