The Indonesian government on Thursday threatened to deploy the army to remove supporters of the Papua governor who have gathered outside his house to stop his potential arrest as a suspect in a bribery case.
Hundreds of residents in the restive province in Indonesia’s far east, who have rallied in recent days in support of Gov. Lukas Enembe, say the Corruption Eradication Commission (KPK) has targeted him with trumped-up charges.
“If they are under the influence of Lukas Enembe, the TNI [the Indonesian Armed Forces] may need to be deployed if necessary. What else can we do?” Presidential Chief of Staff Moeldoko told reporters in Jakarta.
Enembe had failed to answer two summonses from the KPK in connection with a case in which he is charged with accepting 1 billion rupiah (U.S. $65,798) in bribes tied to a government project, according to Mohammad Mahfud MD, the coordinating minister for political, legal and security affairs.
Enembe’s lawyers said he did not answer the summonses because he had been ill, adding the governor had had strokes, and heart and kidney problems. Moeldoko said Enembe should respect the legal process instead of mobilizing his supporters to obstruct the investigation.
On Wednesday, President Joko “Jokowi” Widodo urged Enembe to “respect [the] summons and the legal process at the KPK” after Enembe failed to show up for questioning for a second time.
“This is a purely legal issue, not political. Anyone must be held accountable before the law. There are no exceptions,” Moeldoko said.
One of Enembe’s attorneys, Stefanus Roy Rening, said Tuesday that charges against his client were politically motivated. He added that his client had rejected a candidate for vice governor proposed by two close aides of Jokowi after his deputy died last year.
A spokesman for Enembe did not immediately respond to a request for comment. KPK spokesman Ali Fikri said investigators would again summon Enembe for questioning. “We hope that the suspect will cooperate,” Ali said.
Ali said if Enembe was ill as claimed by his lawyer, he still could still come to Jakarta and undergo medical checks with supervision from the Indonesian Medical Association.
Separately, the Financial Transaction Reports and Analysis Center (PPATK) said it had frozen 71 billion rupiah (U.S. $ 4.7 million) in Enembe’s bank accounts after it found that U.S. $55 million had been transferred through overseas casinos in a suspected money laundering scheme.
Enembe’s lawyers have dismissed the accusations as fabricated.
“The public statements by Mahfud MD and the PPATK chairman are tantamount to defamation against Governor Lukas Enembe and are hoaxes,” Enembe’s legal team said in a statement Monday.
Last week, thousands of people took to the streets of the provincial capital Jayapura in a show of support for Enembe.
Papua has been the scene of a separatist insurgency since the mainly Melanesian region was incorporated into Indonesia in a United Nations-administered ballot in the late 1960s.
Only about 1,000 people voted in a 1969 U.N.-sponsored referendum, which locals and activists said was a sham. But the United Nations accepted the result, essentially endorsing Jakarta’s rule.
Human rights groups have accused Indonesian authorities of intimidation, arbitrary arrests, torture, extra-judicial killings and mass forced displacement in Papua.
‘An inappropriate threat’
Moeldoko’s statement was not well thought out and could fuel hostilities against Jakarta among Papuans, according to Ujang Komarudin, a lecturer in political science from Indonesia’s Al Azhar University.
“Moeldoko did not consider his statements carefully. It was an inappropriate threat,” Ujang told BenarNews.
“Although I think deploying troops is unlikely, it can increase negative perceptions of the government. Relations between Papua and the government can become increasingly uncomfortable,” he said.
Another analyst criticized Moeldoko’s “poor” communication.
“The [statement] about deploying troops may be spontaneous, but it is a bit excessive because it is vulnerable to politicization,” Wasisto Raharjo Jati, a political analyst at the National Research and Innovation Agency (BRIN), told BenarNews.
In addition, officials shouldn’t have been commenting publicly on Enembe’s case, said Adnan Topan Husodo, an activist with NGO Indonesia Corruption Watch.
“Now it’s getting more chaotic because some members of the elite in Jakarta have waded into the legal matter, resulting in strong reactions in Papua,” he told BenarNews.
Sacred Heart Archbishop Petrus Canisius Mandagi of Merauke in Indonesia’s South Papua province says he has personally invited Pope Francis to visit his archdiocese, calling him “the voice of peace.”
The 73-year-old prelate arrived in Jakarta on Sept. 28 after visiting Rome last week along with several Indonesian members of the St. John Paul II Foundation, a Catholic apostolate proclaiming the Good News about life and family through education and formation, for their international meeting.
Speaking to UCA News on Sept. 29, Archbishop Mandagi said he had a chance to meet with Pope Francis during a weekly general audience at St. Peter’s Square on Sept. 21.
“It was not long, only about one or two minutes. As an Indonesian bishop from the Papua region, however, I used the chance to deliver my personal invitation for the pope to visit Indonesia in general and Merauke in South Papua province in particular,” he said.
“The Catholic Church must raise voices for peace. And the pope continues to speak about love, forgiveness and tenderness.”
Archbishop Mandagi, who served as bishop of Amboina diocese in the conflict-scarred Maluku province since 1994 before he was appointed to Merauke in November 2020, asserted that the Church must not stay silent.
“The Catholic Church must be in the front line, meaning that the voice of peace must be raised without having to get involved in practical politics. So, my focus is to bring peace to the Papua region where there has been much violence in relation to the independence movement,” he said.
Even though South Papua almost never faced violence, he believed that a visit by Pope Francis to his archdiocese will affect the four other provinces in the Papua region.
“I do not want to be egoistic. At least there is a bishop in the Papua region who continues to raise voices for peace,” he said.
It was Archbishop Mandagi’s second invitation to Pope Francis. Last year, he called on the Indonesian Bishops’ Conference (KWI) to invite the pope to visit his archdiocese in order to help foster peace in the restive easternmost region.
KWI executive secretary Father Paulus Christian Siswantoko said all Indonesian Catholics have long waited for a visit by Pope Francis.
“But such a visit should be managed by the state in cooperation with KWI. In this case, Religious Affairs Minister Yaqut Cholil Qoumas had delivered an official invitation for Pope Francis to visit Indonesia,” he told UCA News.
The minister delivered President Joko Widodo’s invitation to the pope to visit Indonesia during an audience at the Vatican on June 8.
Thomas Kimko, a parishioner from Redeemer Church in Merauke district, welcomed the prelate’s personal invitation to Pope Francis.
“I believe there will be a huge impact on the peace effort in the Papua region. Pope Francis is a figure whom all religious followers admire,” he said.
There are five provinces in the Papua region – Papua, North Papua, Central Papua, Central Mountainous Papua and South Papua. Some areas have endured a bloody insurgency waged by the West Papua National Liberation Army and Free Papua Movement since its annexation by Indonesia in the 1960s after the end of Dutch colonial rule. Thousands have been killed and tens of thousands displaced in the conflict.
From 2010 to March this year, the Papua region recorded 348 acts of violence, according to a study by Gadjah Mada University in Yogyakarta. At least 464 people including 320 civilians were killed and 1,654 people, mostly civilians, were wounded.
An Indonesian human rights court has begun a trial to determine whether a former army commander is guilty of crimes against humanity in West Papua. This represents an opportunity to ensure that the rights of West Papuans are protected from state violence and racial discrimination.
The trial, in Indonesia’s rarely used human rights court, began on 21 September 2022. However, the trial is not being held in West Papua, where the events took place, but in Makassar, a city over 1,400km away, on the island of Sulawesi. This presents a barrier for witnesses and the families of the victims to attend the trial.
Indonesia’s human rights court was established under Law No. 26 in 2000. Under this legislation, the court has the “duty and authority” to examine and decide cases of gross human rights violations, specifically genocide and crimes against humanity. Since its inception, however, the court has rarely been used.
Isak Sattu, a retired Major in the Indonesian military, is charged with crimes against humanity. On 8 December 2014, in Paniai Regency, West Papua, the Indonesian military fired on a crowd of approximately 800 protesters for up to seven minutes in the town of Enarotali, resulting in the deaths of five people, including four teenagers, Simon Degei, Otianus Gobai, Alfius Youw and Yuilian Yeimo. The gunfire also wounded between 17 and 21 others. The initial protest was in response to an attack by Indonesian authorities on Yulian Yeimo on 7 December 2014. Before the gunshots, it was reported to be a peaceful protest in the town square of Enarotali in front of the Indonesian military command office.
The prosecutor of the trial released a statement outlining the charges against Sattu, arguing that the troops under his command “committed serious human rights violations by inaugurating a wide and systematic attack” and that “the defendant did not take appropriate and necessary actions within the scope of his power to prevent or stop the crimes.”
If convicted, Sattu would face up to 25 years in prison.
After the killings, President Joko Widodo promised to conduct an investigation into the events. However, the Indonesian military, who undertook the investigation, denied that troops fired on protesters and instead, without evidence, blamed West Papuan independence fighters.
While the motivation for the timing of the trial is unclear, it has been welcomed by independence and human rights activists as a positive step in bringing Indonesian authorities to justice for crimes committed against West Papuans. Still, others are skeptical. Many witnesses and family members of the victims are questioning why only one suspect has been brought to trial, and some are even refusing to attend the hearing altogether. They believe that the Indonesian judicial system is stacked against them.
Indonesia’s justice system lacks the transparency and independence to adequately hold offenders to account. This is because the system divides military and civilian jurisdiction for alleged crimes. Under the 1997 Military Tribunal Law, soldiers on trial must appear before a military tribunal, often resulting in the military resisting or preventing investigations and prosecutions.
This points to a larger problem in the treatment of West Papuans under Indonesian rule.
The Indonesian military has been documented committing numerous cases of human rights abuses in West Papua, including torture and extrajudicial killings. West Papuans continue to experience excessive use of force and racist violence from the military and police, limiting their access to the justice system. Indonesian authorities frequently arrest, detain, and prosecute West Papuan protesters. These crimes are almost never prosecuted, let alone investigated.
Between July and August 2022, Indonesian authorities used excessive force, water canons and batons, and racially abused protesters peacefully opposing the Papuan Special Autonomy Law. On 16 August 2022, police fired on protesters in Yahukimo Regency, injuring one, with water cannons and beatings reported on the same day at another protest in Jayapura. Amnesty International reports that authorities used discriminatory, excessive force in response to these protests.
Under international law, it is legal for authorities to use intentional lethal use of firearms only when it is necessary to protect life and only after all other measures are exhausted.
The protests in West Papua are organized for legitimate concerns with racism, state violence, and autonomy. These protests are overwhelmingly peaceful. It is vital, then, that West Papuans are treated as per the guidelines of fundamental human rights under international and domestic law.
West Papuans have a right to freedom of assembly and association under articles 21 and 22 of the International Covenant on Civil and Political Rights and article 8 (1)(a) of the International Covenant on Economic, Social and Cultural Rights. Furthermore, the right to freedom of assembly and expression is guaranteed under the Indonesian Constitution and article 24 (1) of Law No. 39 of 1999 on Human Rights.
The Indonesian government, which is a signatory to the above conventions, needs to adhere to its obligations and respect the human rights of its citizens. This includes allowing peaceful protests and ending the arrest, detention, and abuse of protesters. The use of force by authorities, and any resulting injuries or fatalities, should be punished according to Indonesian law without fear or favour.
The government also needs to protect West Papuans from racially motivated attacks and discrimination from authorities, including the military, police, and judges. Indonesia prohibits discrimination on the basis of race or ethnicity in civil, political, economic, social, and cultural life under Law No. 40 of 2008. The government, therefore, needs to adhere to its own legislation and ensure that the rights of West Papuans are protected under law.
Finally, the government should open West Papua to international human rights monitors and organizations to allow for investigations of past and current abuses. This will increase transparency in a remote region, where authorities continue to act with impunity.
While the trial of Isak Sattu offers hope to West Papuans that justice might be served for prior crimes, it equally represents the fundamental problems West Papuans face in accessing justice and enjoying their human rights.
After years of discrimination and state violence, West Papuans no longer trust the judicial system. This will only be rectified if the Indonesian government respects the human rights of all its citizens, including West Papuans, as per international and domestic law. Only then will West Papuans receive the justice they deserve.
Jayapura, Jubi – A number of Papua Legislative Council members visited the Coordinating Ministry for Political, Legal and Security Affairs in Jakarta on Tuesday, September 27, 2022. The lawmakers explained the use of Papua’s Special Autonomy Fund to the Ministry’s Assistant Deputy I, Brig. Gen. Danu Prionggo.
Lawmaker John NR Gobai said that during the meeting, his party clarified several reports regarding the amount of Papua’s Special Autonomy Fund disbursement, as well as Minister Mahfud MD’s statement regarding wide corruption in Papua.
Gobai told Jubi via WhatsApp on Tuesday, Special Regional Regulation (Perdasus) No. 25/2013 and Perdasus No. 4/2019 stipulated that 80 percent of the Special Autonomy Fund received by the Papua Provincial Government was directly distributed to regency and city administrations in Papua. The remaining 20 percent is managed by the Papua Provincial Government to finance five joint affairs related to Papua Special Autonomy.
Gobai also mentioned the Village Fund, which since 2015 has been sent directly to local governments. According to him, the Ministry of Villages, Disadvantaged Regions and Transmigration can directly check the management of the Village Fund by the local governments.
Further, Gobai explained that the Additional Infrastructure Fund had been used for the construction of roads, bridges, and various other infrastructures. He said regional funds that have entered the Papua Provincial Budget would be transferred according to the specific account code to each regional office to carry out development and public services.
Gobai questioned the government’s statement that hundreds of billions of Papua Special Autonomy Funds were misused. “It is wrong to call the funds misused in hundreds of billions of rupiah,” said Gobai.
Gobai asked the central government through the Coordinating Ministry for Political, Legal and Security Affairs to improve the control system on the use of the Special Autonomy Fund. “In the regions, there are Treasury Claims and Claims for Compensation, as well as the Inspectorate, Supreme Audit Agency, and Regional People’s Representative Council. We should not blame each other because the government is a system,” said Gobai.
Mahfud made this statement amid the polemic over the alleged gratuity of Rp 1 billion received by Papua Governor Lukas Enembe, which was currently being investigated by the Corruption Eradication Commission KPK.
“The funds issued by the government during the Papua Special Autonomy amounted to Rp 1,000 trillion, and to no avail. The Papuan people remained poor. We cannot accept this. The State has been spending money but the people are still poor. Since Lukas Enembe took office, more than Rp 500 trillion has been disbursed. And yet, the Papuans are still poor,” Mahfud said in Malang, East Java, on September 23, 2022.
After this statement, various media reported Special Autonomy Fund of Rp 1,000 trillion had been corrupted worth Rp 1,000 trillion.
However, data compiled by Jubi shows that the total value of the Papua Special Autonomy Fund received by the Papua Provincial Government from 2002 to 2022 amounted to Rp 104,636 trillion. Meanwhile, the total value of the Papua Provincial Budget from 2002 to 2022 reached Rp 173,210 trillion.
On September 25, 2022, Special Staff of the Minister of Finance for Strategic Communication Yustinus Prastowo said on his Twitter account that Rp 1,092 trillion of state funds had been disbursed for local governments in Papua and West Papua Provinces from 2002 to 2022.
Prastowo further said the Additional Infrastructure Fund for Papua and West Papua from 2002 to 2022 was Rp138,65 trillion. In addition, there is the Transfer to Regions and Village Funds (TKDD) to Papua and West Papua from 2002 to 2022 of Rp 702,30 trillion. There is also the Ministry and Agency Expenditure to Papua and West Papua from 2002 to 2022 of Rp 251,29 trillion, managed by the central government through relevant ministries and agencies. (*)
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