Makam empat siswa korban penembakan Paniai berdarah yang terjadi 8 Desember 2014 di Lapangan Karel Gobay, Enarotali, Kabupaten Paniai. – ist
Jayapura, Jubi – Director of Institute of Human rights Study and Advocacy Papua (ELSHAM Papua) Rev. M Adadikam said the results of the investigation into the Bloody Paniai alleged human rights violation announced by the Attorney General’s Office (AGO) did not give a sense of justice for the victims and their families.
Adadikam said the AGO was unfair in investigating the case as it was influenced by the Indonesian government’s political interests, which were under international pressure to solve human rights cases.
“The results issued by the Attorney General’s Office do not give a sense of justice for the victims and their families who have been waiting patiently for the state to reveal the perpetrators,” Adadikam said in a written statement on Thursday, April 14, 2022.
The Bloody Paniai occurred in Enarotali, the capital of Paniai Regency, Papua Province, on December 8, 2014, when the people protested against the alleged abuse of seven children by the security forces. According to Amnesty International Indonesia’s report titled “Suda, Kasih Tinggal Dia Mati – Murder and Impunity in Papua” published in 2018, the security forces opened fire on a crowd of protesters using live ammunition, killing four people. At least 11 other people were injured by gunfire or bayonets. A number of residents have testified to the National Commission on Human Rights (Komnas HAM) that they saw a police officer shoot a protester at close range, even after the victim fell to the ground.
The investigation into the Bloody Paniai case was carried out by the Komnas HAM but the results were rejected several times by the AGO and returned to the Komnas HAM. Finally, on April 1, 2022, the AGO announced that an Indonesian Military (TNI) soldier with the initial IS was named a suspect in the case.
Adadikam said his party regretted the AGO’s decision to name a retired TNI as the only suspect in the case. “We conclude that the Indonesian government has absolutely no good intentions to resolve cases of gross human rights violations in Indonesia, particularly cases that occurred in Papua,” he said.
Adadikam said the legal process carried out by the AGO in the Bloody Paniai case was similar to the Bloody Abepura’s. The Bloody Abepura case was heard at the Ad Hoc Court of Serious Human Rights Violations of Abepura in Makassar in 2007, and the defendants were acquitted.
“The judge acquitted the two main defendants, and granted them the restoration of good names, even the State granted them a promotion. The victims were labeled as separatists. Every citizen has the right to justice and legal certainty, especially in cases of murder using weapons, but the State has failed to fulfill their rights,” he said.
Adadikam said that the handling of the Bloody Paniai case by the AGO showed that the legal process in Indonesia is highly biased by the Indonesian government’s political interests. As a result, political considerations became dominant in the legal process of the case.
“We were [initially] optimistic, there was great hope that the legal process of the Paniai case would be the opening door for many resolutions to cases of past serious human rights violations in Indonesia. But again, we see that politics dominates law, justice and truth in this country,” said Adadikam.
Adadikam assessed that the naming of suspects in the Paniai case was rushed due to pressure from the international community on the Indonesian government to solve various cases of violence by security forces in Papua. “The Indonesian government has been keeping its hands clean and trying to free itself from the responsibility to bring in perpetrators of serious human rights violations in Indonesia,” he said.
On April 1, Head of the Attorney General’s Legal Information Center Ketut Sumedana stated that IS was named a suspect in the Bloody Paniai case. “The team of Investigating Prosecutors at the Directorate of Serious Human Rights Violations at the Deputy Attorney General for Special Crimes at the Attorney General’s Office have named one suspect, namely IS,” said Ketut Sumedana, as quoted by Jubitv.id. (*)
Jayapura, Jubi – Amnesty International Indonesia Executive Director Usman Hamid said the determination of the Papua Expansion Bill as an Initiative Bill by the House of Representatives on Tuesday, April 12, 2022, showed a decline in democracy in Indonesia.
He regretted that the bill was drafted without involving the Papuan people. According to Usman, Article 76 of Law No. 21/2001 on Papua Special Autonomy (Otsus) said that the division of the province could only be carried out with approval from the Papuan People’s Assembly (MRP) as the cultural representation of the Papuan Indigenous People. However, the government and the House unilaterally changed the rules by enacting Law No. 2/2021 on the Second Amendment to Otsus Law. The new Otsus Law grants the government and the House the authority to expand Papua Province without having to get MRP approval first.
“Indeed there is the new Papua Special Autonomy Law, which does not require MRP approval in the division of provinces. However, the amendment to the Otsus Law was not based on Article 77 of the previous Otsus Law, namely through the proposal of the Papuan people,” said Usman on Thursday.
The new Otsus Law itself is currently being challenged by the MRP at the Constitutional Court as it was drafted without the involvement of the MRP. Despite that, the House made three bills for the expansion of Papua based on the new Otsus Law.
Usman suspected a trend of re-centralization to retract regional autonomy. He said that the tendency to reduce regional autonomy and increase the authority of the central government, or re-centralization, was also seen in Law No. 11/2020 on Job Creation.
To prevent the re-centralization from continuing, Usman said, the deliberation of the three Papua Expansion Bills should be stopped or postponed. Moreover, the Papua expansion plan has received a widespread rejection from the Papuan people who have protested in various regions.
“The government should at least respect the MRP as the cultural representation of the Papuan Indigenous People, whose authority is to ensure the protection of the Indigenous Papuans,” he said.
Usman also reminded the government and the House that the new Papua Special Autonomy Law was currently under a judicial review at the Constitutional Court upon the MRP’s request. According to him, the House should postpone the deliberation of the Papua Expansion Bill until the Constitutional Court makes a decision regarding the new Otsus Law.
“If the government and the House continue the deliberation, it will only make the public even more suspicious. Is the Papua expansion really for Indigenous Papuans? Is it for the welfare of the community, or is it just for business interests? Moreover, the Papua expansion plan is contrary to the government’s moratorium policy on regional expansion,” said Usman.
Chairman of the MRP Timotius Murib said that of the 29 regencies and cities in Papua, eight regions had already protested against the expansion plan initiated by the central government.
“The central government has clearly violated the constitutional rights of the Papuan people. Therefore, the MRP firmly rejects the expansion of Papua,” said Murib. (*)
Jakarta, Jubi TV– Coordinating Minister For Political, Legal, And Security Affairs Mahfud MD Received The Papuan People’s Assembly (MRP) And Amnesty International Indonesia At This Office On Friday, April 15, 2022.
Present At The Meeting Were MRP Chair Timotius Murib, MRP Deputy Chair Yoel Luiz Mulait, Special Staff To MRP Chair Onias Wenda, And Amnesty International Indonesia Executive Director Usman Hamid.
MRP Conveyed Several Issues To Mahfud MD, Including The Concern Of New Mining In The Wabu Block After The Freeport Contract Extension.
Mahfud Denied There Was Any New Mining In The Wabu Block. “Mining Has Only Been Carried Out By BUMD (Region-Owned Enterprises) And BUMN (State-Owned Enterprises) While Still Paying Attention To The Rights And Welfare Of The Community And Indigenous Peoples. Until Now, There Is No New Mining Business Permit (IUP),” Mahfud Wrote On His Official Instagram Account @Mohmahfudmd.
“The MRP On This Occasion Also Submitted A Letter Of Aspiration To President [Joko Widodo], Which I Have Accepted And Will Convey To The President,” Mahfud Added.
Other Than Conveying Aspirations Related To Mining In Papua, The MRP Regretted The Steps Taken By Commission II Of The House To Push For The Expansion Of The Papua Province.
“The Legislative Body Of The House Quickly Approved Three New Autonomous Regions Bills On April 6, 2022. Less Than A Week Later, On April 12, The Bills Were Approved By The Plenary Meeting Of The House To Become The House’s Initiative Bill, Namely The Bill On The Establishment Of The South Papua Province, The Bill On The Establishment Of The Central Papua Province, And The Bill On The Establishment Of The Central Mountains Province. This Is Very Rushed And Not Participatory,” Said Yoel Luiz Mulait.
“Therefore, the MRP requests that the entire implementation of the second revision of the Special Autonomy Law, especially the plan for the expansion and formation of new autonomous regions in Papua, be postponed until there is a final decision from the Constitutional Court examining the judicial review of the new Papua Special Autonomy Law,” Yoel added.
Meanwhile, Usman appreciated Mahfud’s explanation that the government would pay attention to the rights and welfare of indigenous peoples before mining gold. “Mahfud also said that the government would pay attention to the recommendations from Amnesty’s study on the gold mine plan in the Wabu Block, Intan Jaya. The findings from our research have also been discussed in the meeting between Mahfud MD, the Minister of SOEs, the Minister of Investment, and the President,” he said.
Many Papuans are worried that the formation of new autonomous regions will be followed by the deployment of more troops, the establishment of new territorial military units, along with the formation of regional police in the new provinces. On March 21, Amnesty International Indonesia launched a report titled “The Gold Hunt: Wabu Block Mining Plans Risk Aggravating Human Rights Violations in Papua.” In this report, Amnesty documented an alarming increase in security forces in the area since 2019, from two to 17 military posts.
Amnesty also noted there were at least 12 allegations of unlawful killings involving security forces, including increased restrictions on freedom of movement, beatings, and arrests that were often experienced by the indigenous Papuans. Residents of Intan Jaya told Amnesty that they used the proposed mining area to cultivate crops, hunt animals, and collect wood.
“By ignoring the needs, wishes, and traditions of the indigenous Papuans, the development of the Wabu Block risks exacerbating the already deteriorating human rights situation in Papua,” said Usman. Therefore, Usman hopes, the government’s plan to form new autonomous regions in Papua will take into account the implications of politics, law, security, and the human rights situation in Papua. (*)
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