2) Jakarta Six want ‘imprecise, unclear and incomplete’ charges thrown out of court
3) TPNPB Victoria Headquarters admit being responsible for the military ambush at Papua-PNG Border
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1) Judge objects to Jakarta Six treason defendant wearing penis gourd in court
CNN Indonesia – January 7, 2020
Tabuni and Mulait wearing penis gourds at Central Jakarta District Court – January 6, 2020 (CNN)
Jakarta – Papuan activists Anes Dano Tabuni has insisted that he will wear a penis gourd (koteka) during court hearings on charges of treason and criminal conspiracy at the Central Jakarta District Court on Monday January 6.
Earlier the judge conveyed his objections because Tabuni and another Papuan defendant, Ambrosius Mulait, were wearing penis gourds. The other four defendants meanwhile who were also undergoing trial on the same charges wore white shirts.
The traditional Papuan clothing worn by Tabuni and Mulait only covered their private parts while their chests were left bare with white writing reading “Monkey Usir Papua” (Kick the Papuan Monkeys Out) – referring to racist chants by mob outside a Papuan student dormitory in Surabaya in August last year.
“The judge asks us to wear trousers. You can leave the top half bare but don’t wear a kotekaagain at the next hearing because of the court’s rules he said”, said Tabuni following the court hearing.
Tabuni however said they he would continue wearing a penis gourd because it represents a part of Papuan culture. He said he wants to show that the penis gourd represents an aspect the Papuan identity which must be allowed to be displayed.
“I must show that the Papuan people are like this and we will resolve problems no matter how big they are, we will resolve them culturally. So I must wear a koteka. I show more respect for the hearing when I wear a koteka”, he said.
Tabuni said that he was concerned that if he stopped wearing the penis gourd it would ostracise other Papuan people. Because of this therefore, he declared that he would continue to wear the penis gourd during the next hearings.
“Even though the judge and the prosecutor asked me to wear trousers, our parents before us never wore trousers, right. They used to wear the koteka and live like this. So we are showing our culture”, said Tabuni.
Earlier the prosecutor charged the six Papua activists, namely Surya Anta, Charles Kossay, Anes Dano Tabuni, Isay Wenda, Ambrosius Mulait and Arina Lokbere with makar (treason, subversion, rebellion) and criminal conspiracy.
In the first indictment, the six Papua activists are charged with violating Article 106 in conjunction with Article 55 Paragraph (1) of the Criminal Code (KUHP) or makar.
In the second indictment meanwhile, the six are charged under Article 110 Paragraph (1) of the KUHP on criminal conspiracy for flying the Morning Star independence flag during a protest action in front of the State Palace on August 28 last year. (psp/ain)
[Translated by James Balowski. The original title of the article was “Hakim Keberatan Terdakwa Pakai Koteka di Ruang Sidang”.]
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2) Jakarta Six want ‘imprecise, unclear and incomplete’ charges thrown out of court
CNN Indonesia – January 6, 2020
Jakarta – The legal team representing Surya Anta Ginting and three other Papua defendants charged with treason and criminal conspiracy submitted a demurrer (eksepsi) or note of objection against the public prosecutor’s indictment during a hearing at the Central Jakarta District Court on Monday January 6.
In the demurrer, the legal team said that the prosecutor’s charges were imprecise, unclear and incomplete because they failed to explain the meaning of makar (treason, subversion, rebellion) which Anta and his colleagues are being charged with.
“There was not one sentence in the indictment which explains the meaning of makar or a benchmark of [what constitutes] an act of makar, so this has created confusion on the part of the defendants, their lawyers and the public over the prosecutor’s charges”, lawyer Tigor Hutapea said in reading out the demurrer.
According to Hutapea, the prosecutor should also include Article 87 of the Criminal Procedural Code (KUHAP) which states that the benchmark for an act of makar is when there is concrete intent prior to the act being committed. In the incitement however, the prosecutor failed to explain this.
“Thus we request that the panel of judges declare that the public prosecutor’s indictment be thrown out for the sake of the law because it does not include the stipulations included in Article 87 of the KUHAP”, he said.
The legal team also said that the indictment was legally flawed because the prosecutor failed to explain what physical attack or aanslag took place during the criminal act of makar.
Referring to explanations by several criminal law experts, makar as used in the KUHP is defined by the Dutch term aanslag which means an attack against the government.
But in the indictment, said Hutapea, the prosecutor did not explain what physical attack took place which is one of the elements of Article 106 of the KUHP.
“The public prosecutor did not explain what physical attack took place when the defendants held the protest action on August 28, 2019. Yet the element of an attack is an essential component under Article 106 of the KUHP”, he said.
In addition to this, the prosecutor also failed to explain what actions by Anta and his colleagues can be construed as criminal conspiracy. Hutapea said that the prosecutor just copied and attached all of the descriptions on the charge of makar without explaining the actions which constitute an act criminal conspiracy.
“The public prosecutor was unable to explain the act of criminal conspiracy so it can be said that the indictment is imprecise, unclear and incomplete”, said Hutapea.
Hutapea added that the prosecutor’s indictment also ignored the real facts and was not based on an investigation process which met all of the requirements. Because of this therefore, he asked the panel of judges to throw the charges out and grant the demurrer presented by the defendants.
“We also ask that the panel of judges to halt the examination of the case and order that the 1st defendant Paulus Surya Anta Ginting, the 2nd defendant Charles Kossay, the 3rd defendant Ambrosius Mulait Als Ambo and the 4th defendant Isay Wenda be released from detention”, he said.
Earlier the prosecution charged Anta, Kossay, Mulait and Wenda, along with Dano Tabuni and Arina Lokbere are to be tried separately, with treason and criminal conspiracy.
In the first indictment, the six Papua activists are charged with violating Article 106 in conjunction with Article 55 Paragraph (1) of the Criminal Code (KUHP) or makar.
In the second indictment meanwhile, the six are charged under Article 110 Paragraph (1) of the KUHP on criminal conspiracy for flying the Morning Star independence flag during a protest action in front of the State Palace on August 28 last year. (psp/bmw)
[Translated by James Balowski. The original title of the article was “Jaksa Tak Jelaskan Arti Makar, Surya Anta Cs Ajukan Eksepsi”.]
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3) TPNPB Victoria Headquarters admit being responsible for the military ambush at Papua-PNG Border
Published 1 day ago on 6 January 2020
By Admin1
Jayapura, Jubi – Spokesperson for the West Papua National Liberation Army and Free Papua Movement (TPNPB-OPM), Sebby Sembom, said the organisation’s Victoria Headquarters under Orelek Jikwanak is responsible for the ambush and shooting against the Indonesian soldiers at the Indonesian and PNG Border. The attack which took place at Bewani Baru, Keerom District, Papua, occurred on Monday noon (30/12/2019).
In the press release received by Jubi on Monday evening (30/12/2019), Sembom stated, “We need to clarify that the TPNPB-OPM of the Victoria Headquarters led by Major Jikwanak is responsible for the shooting in Bewani, not by Jefferson Pagawak as addressed in many Indonesian media.”
According to him, the armed ambush against the Indonesian soldiers who were taking logistic supplies at Kali Asin Post in Yeti Village of Arso Timur Sub-district, Keerom District, was part of the national military strategy of free West Papua.
“Therefore, TPNPB officially states that the national warfare for West Papua liberation would apply to all West Papuan territories, from Sorong to Merauke and Samarai,” he said.
Further, he said this confrontation should occur because OPM and its military wing TPNPB have been and are fighting to get a full right of independence from the Indonesian Government.
“To start a war and an ambush at the Indonesian military post, those who were fully responsible are entire TPNPB leaders in all territories of the Land of Papua,” he said.
In the meantime, Colonel Infantry Binsar Parluhutan Sianipar, the resort military commandant of Praja Wira Yakti/172, said a soldier died because of the bullet hit his chest and went through his back.
A group of ten soldiers was attacked and shot from the height when taking logistic supplies at Kali Asin Post.
“We are not sure whether any members of the resurgent group are wounded because they came from the summit. They (who attacked) were four. They had about three or four weapons,” said Colonel Sianipar. (*)
Reporter: Arjuna Pademme
Editor: Pipit Maizier
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