Tuesday, February 18, 2020

1) Legal counsel Warinussy: We refute the prosecutor’s indictment and will submit an exception


2) Sayang Mandabayan charged with treason, legal counsellor applying an exception
3) Paniai Shootings; Setara Institute Calls for Human Rights Court
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1) Legal counsel Warinussy: We refute the prosecutor’s indictment and will submit an exception
Published 1 day ago on 17 February 2020
 By Admin1


Three students Erik Aliknoe, Pende Mirin and Yunus Aliknoe were preparing to attend the indictment reading trial by the prosecutor at the Manokwari District Court. -Jubi/Hans Arnold Kapisa
Manokwari, Jubi – The legal counsel of three students who respectively arrested following the anti-racism protest in Manokwari on 3 September 2019 said he is ready to submit an exception against the public prosecutor’s indictment in the inaugural trial session held at the Manokwari District Court on Thursday (13/2/2020).
The three students took to the court after their involvement as orators and negotiators in a rally to protest the racism against Papuans at Gunung Salju Amban, Manokwari, on 3 September 2019, which attended by hundreds of protestors.
In the indictment, the prosecutor declared that the three defendants had said provocatives and resistance words against the police who were on duty securing the demonstration.
As the results of their provocative words, the protest mob had moved to fight the police by throwing water mineral bottles and stones to the police, causing injuries to the police.
Meanwhile, Yan Christian Warinussy as the legal counsel team chief said his clients Erik Aliknoe, Pende Mirin and Yunus Aliknoe had not been able to accept the prosecutor’s indictment. Regarding this, his team will submit an exception in the next hearing session.
“We ask for a week to study the indictment as well as to prepare an exception,” said Warinussy.
On the other hand, Benoni A Kombado in the indictment stated that the three defendants had violated the public speech as regulated in article 106 of the Criminal Code in conjunction with article 55 paragraph 1 to 1e of the Criminal Code.
On the request by the legal counsel of the three defendants, the Chair Judge Sonny L.B. Loemurry suspended the trial and said it would be resumed on Thursday, 20 February 2020 with the agenda of hearing the exception by the legal counsel on the prosecutor’s indictment. (*)
 
Reporter: Hans Kapisa
Editor: Pipit Maizier
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2) Sayang Mandabayan charged with treason, legal counsellor applying an exception
Published 1 day ago on 17 February 2020
By Admin1
Manokwari, Jubi – The Public Prosecutor of the Manokwari District Attorney accused Sayang Mandabayan with treason article 106 in conjunction with article 53 of the Indonesian Criminal Code in the indictment reading at the Manokwari District Court on Thursday (13/02/2020).
In the indictment, the public prosecutor from the Manowari District Attorney General Benoni A. Kambado indicted the defendant Sayang Mandabayan participating as an orator in the anti-racism protest in Sorong City on 19 August 2019 which ended in chaos.

Furthermore, he appointed that with the same intention, the defendant left for Manokwari on 3 September 2019 to attend the similar protest on the same day. However, the police and airport security officers arrested her and seized her luggage at Rendani Airport, Manokwari.
The public prosecutor also mentioned in the indictment that, with her own initiative, Mandabayan had prepared 1,496 miniatures of morning star flag made by paper and stick, 4 pieces of white t-shirts with monkey images and 3 reams of printed song lyrics ‘Dari Ombak Besar’ and ‘Hai Tanahku Papua’.

Meanwhile, Mandabayan’s legal counsel Metuzalak Awom said he would file an objection against the indictment, given that the location of the trial and the place of detention against his clients are under the jurisdiction of Manokwari.
“We will submit an exception because of the facts mentioned in the indictment were not match with the locus (place) of the incident,” he told Jubi on Thursday (13/2/2020) in Manokwari.
Furthermore, he considered there was an attempt of criminalisation against his client by connecting the incident in Sorong with the arrest of Mandabayan at Rendani Manokwari Airport.
“Whether it would be accepted or not, our exception would clearly be an early indication to the prosecutor’s indictment before we are going into the substantive matter,” he said.
In the meantime, the panel judges chair Faisal Kossah approved the request of Mandabayan’s attorney to conduct an exception.
“We suspend the hearing until next week on 20 February 2020 with the agenda of hearing the exception by the legal counsellor on the prosecutor’s indictment,” concluded Faisal. (*)
 
Reporter: Hans Kapisa
Editor: Pipit Maizier

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3) Paniai Shootings; Setara Institute Calls for Human Rights Court
Translator: Ricky Mohammad Nugraha   
Editor: Laila Afifa 
18 February 2020 21:36 WIB



TEMPO.COJakarta - Setara Institute demanded President Joko “Jokowi” Widodo establish a human rights court in regards to the Paniai shootings in Papua, following in the firm stand by the National Commission on Human Rights (Komnas HAM). 
The human rights group also arbitrarily deemed the incident a major human rights violation, and that Komnas HAM’s report was a product of law enforcement and must be followed up by the Attorney General’s Office. 
“Corresponding to Law No.26/2000, the Attorney General’s Office must conduct an investigation parallel to [the report]. President Jokowi must establish a court of human rights,” said Setara Institute chairperson Hendardi in a written statement on Tuesday, February 18.

The conclusion of the Komnas HAM plenary was based on an investigation by an ad hoc team that looked into the Paniai shootings based on Law No.26/2000 regarding human rights court. The team had worked on the case since 2015 and ended in 2020.
According to Hendardi, the Paniai incident needs to be solved through a fair trial which would test President Jokowi in solving human rights violations under his administration.
This case also denies the statement of Coordinating Minister for Political, Legal, and Security Affairs, Mahfud Md, suggesting that there is no major human rights violation during Jokowi administration.
FIKRI ARIGI
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