COMMENTARY: By Yamin Kogoya
Papuan protesters from seven customary regions this week stormed the Mako Brimob police headquarters in Kota Raja, Jayapura, accusing the KPK and police of “criminalising” local Governor Lukas Enembe.
The protest on Monday was organised in response to the Komisi Pemberantasan Korupsi (KPK) Corruption Eradication Commission’s attempt to investigate corruption allegations against Governor Lukas Enembe.
This time, Enembe is suspected of receiving gratification of Rp 1 miliar (NZ$112,000).
These accusations are not the first time that the KPK has attempted to criminalise Lukas Enembe, the Governor of Papua. The KPK has tried this before.
The representative of the Papuan people at the rally stated that KPK failed to follow the correct legal procedures in executing this investigation.
KPK should avoid inflaming the Papuan conflict, as the Papuan people have so far followed Jakarta’s controversial decisions — decisions that are contrary to the wishes of the Papuan people, a representative stated at the rally.
For instance, Jakarta’s insistence on the creation of new provinces from the existing two (Papua and West Papua) has been strongly rejected by most Papuans.
Remained silent
The spokespeople for the protesters warned KPK that they had remained silent because Governor Enembe was able to maintain a calm among the community. However, if the governor continues to be criminalised, Papuans from all seven customary regions will revolt.
The KPK has named Governor Enembe as a suspect in the corruption of his personal funds.
“This is ‘funny’,” protesters said. “One billion rupiahs [NZ$112,000] of his own money used for medical treatment were alleged to be corrupt. This is strange. We will raise that amount, from the streets and give it to KPK.
“Remember that,” speakers said.
Stefanus Roy Renning, the coordinator of Governor Enembe’s Legal Council Team, said the case the governor was accused of (1 billion Rupiah) is actually, the governor’s personal funds sent to his account for medical treatment in May 2020.
Therefore, if you refer to this [KPK’s behaviour] as criminalisation, then yes, it is criminalisation.
This is due to the fact that the suspect’s status was premature and not in line with the criminal code, and that the governor himself has not been questioned as a witness in the alleged case.
Questioned as witness
Renning said that for a suspect to be determined, there must be two pieces of evidence and he or she must be questioned as a witness.
Benyamin Gurik, chair of the Indonesian Youth National Committee (KNPI), expressed apprehension about the allegations, saying it amounted to the criminalisation of Papuan public figures, which may contribute to conflict and division in the region.
“Jakarta should reward him for all of the good things he’s done for the province and country, not criminalise him,” said Gurik.
Otniel Deda, chair of the Tabi Indigenous group, urged the KPK to act more professionally.
He suspects that the KPK’s actions were sponsored by “certain parties” intent on shattering the reputation of the Papuan leader.
The governor himself has his own suspicions as to who is behind the corruption accusations against him.
He suspects KPK and the police force are among the highest institutions in the country being used to serve political games that are being played behind his back.
Purely a political move
According to Dr Sofyan Yoman, president of the Fellowship of West Papuan Baptist Churches (PGBWP), the attempted criminalisation of Governor Enembe is a purely political move geared toward dictating the 2024 election outcome, not a matter of law.
Dr Yoman explained that other parties in Indonesia are uncomfortable and lack confidence in entering the Papua provincial political process in 2024.
There have been those who have seen, observed, and felt that the existence of Lukas Enembe is a threat and an obstacle for other political parties seeking the position of number one in Papua.
To break the stronghold of Governor Enembe, who is also the chair of the Democratic Party of the Papuan province, there is no other way than to use KPK to criminalise him.
In a statement to Dr Yoman on Wednesday, Governor Enembe said:
Dr Yoman met the governor and his wife at Governor Enembe’s Koya residence, where he was informed of the following by Yulce W. Enembe:
“The KPK is just anybody,” the governor stated. “The KPK’s actions were purely political, not legal. KPK has become a medium for PDIP political parties. Considering that the Head of BIN, the Minister of Home Affairs, and the KPK descend from one institution — the police — these kinds of actions are not surprising to me.
“I am being politically criminalised”, said the governor. “Part of a pattern of psychological and physical threats and intimidation I have faced for some time”
“I am not a criminal or a thief,” the governor said.
Singapore health travel
The governor’s overseas travels for medical treatment in Singapore have been halted [barred] by the Directorate General of Immigration based on a prevention request from the KPK.
This appears to be a punitive measure taken by the country’s highest office to further punish the governor, preventing him from receiving regular medical care in Singapore.
Media outlets in Indonesia and Papua have been dominated by stories about the governor’s name linked to the word “corruption”, creating a space for hidden forces to assert their narratives to determine the fate of not only the governor, but West Papua, and Indonesia.
West Papua is a region in which whoever controls the information distributed to the rest of the world, controls the narrative. It is a region where the Indonesian government and the Papuan people have fought for years over the flawed manner in which West Papua was incorporated into Indonesia in the 1960s.
When news of a criminalised Papuan public figure such as Governor Enembe comes to the surface, it is often conveniently used as a means of demoralising popular Papuan leaders who are trusted and loved by their people.
It has been proven again and again over the past decade that Jakarta would have to deal with the revolt of hundreds of thousands of Papuans if they sought to disturb or displace Governor Enembe.
Ultimately, these kinds of nuanced incidents are often created and used to distract Papuans from focusing on the real issue. The issue of Papuan sovereignty is what matters most — the state of Papua, as Jakarta is forcing Papuans to surrender to Indonesian powers that seek to transform Papua and West Papua into Indonesia’s dream.
Papuan dream turned nightmare
Tragically, the Indonesian dream for West Papua have turned into nightmares for the people of Papua, recently claiming the lives of four Indigenous Papuans from the Mimika region, whose bodies were mutilated by Indonesian soldiers.
In recent weeks, this tragic story has been featured in international headlines, something that Jakarta wishes to keep out of the global spotlight.
The UN acting High Commissioner for Human Rights Nada Al-Nashif raised West Papua in her statement during the 51st session of the Human Rights Council on Monday — the day that Governor Enembe was summoned to police in Kota Raja.
Despite Jakarta’s attempts to spin news about West Papua as domestic Indonesian sovereignty issues, the West Papua story will persist as an unresolved international issue.
Governor Enembe (known as Chief Nataka) his family, and many Papuan figures like them have fallen victim to this protracted war between two sovereign states — Papua and Indonesia.
Some of the prominent figures in the past were not only caught in Jakarta’s traps but lost their lives too. In the period between 2020 and 2021, 16 Papuan leaders who served the Indonesian government are estimated to have died, ranging in their 40s through to their 60s.
Papuans have lost the following leaders in 2021 alone:
Klemen Tinal, Vice-Governor of Papua province under Governor Enembe, who died on May 21.
Pieter Kalakmabin, Vice-Regent of the Star Mountain regency, died on October 28.
Abock Busup, Regent of Yahukimo regency (age 44), was found dead in his hotel room in Jakarta on October 3.
Demianus Ijie, a member of Indonesia’s House of Representatives, died on July 23.
Alex Hesegem, who served as Vice-Governor of Papua from 2006-2011, died on June 20.
Demas P. Mandacan, a 45-year-old Regent from the Manokwari regency, died on April 20.
The Timika regency (home of the famous Freeport mine) lost a member of local Parliament Robby Omaleng, on April 22.
In 2020, Papuans lost the following prominent figures: Herman Hasaribab; Letnan Jendral,a high-ranking Indigenous Papuan serving in the Indonesian Armed Forces, who died on December 14; Arkelaus Asso, a member of Parliament from Papua, died on October 15; another young Regent from Boven Digoel regency, Benediktus Tambonop (age 44), died on January 13; Habel Melkias Suwae, who served twice as Regent of Jayapura, the capital of Papua, died on September 3; Paskalis Kocu, Regent of Maybrat, died on August 25; on February 10, Sendius Wonda, the head of the Biro of the secretary of the Papua provincial government, died; on September 9, Demas Tokoro, a member of the Papuan People’s Assembly for the protection of Papuan customary rights, died; and on November 15, Yairus Gwijangge, the brave and courageous Regent of the Nduga regency (the area where most locals were displaced by the ongoing war between the West National Liberation Army and Indonesian security forces), died in Jakarta.
These Indigenous Papuan leaders’ deaths cannot be determined, due to the fact that the institutions responsible for investigating these tragic deaths, such as the legal and justice systems and the police forces, are either perpetrators or accomplices in these tragedies themselves.
Dwindling survival for Papuans
This does not mean Jakarta is to blame for every single death, but its rule provides an overarching framework where the chances of Papuans surviving are dwindling.
This is a modern-day settler colonial project being undertaken under the watchful eye of international community and institutions like the UN. This type of colonisation is considered the worst of all types by scholars.
It is only their grieving families and the unknown forces behind their deaths that know what really happened to them.
The region for the past 60 years has been a crime scene, yet hardly any of these crimes have been investigated and/or prosecuted.
Given the threats, intimidation, and illness Governor Enembe has endured, it is indeed a miracle he has survived.
A big part of that miracle can be attributed to his people, the Papuans who put their lives on the line to protect him whenever Jakarta has tried to harass him.
This week, KPK tried to criminalise the governor and Papuans warned Jakarta – “don’t you try it”.
Yamin Kogoya is a West Papuan academic who has a Master of Applied Anthropology and Participatory Development from the Australian National University and who contributes to Asia Pacific Report. From the Lani tribe in the Papuan Highlands, he is currently living in Brisbane, Queensland, Australia.
Jayapura, Jubi – The families of the victims of the Bloody Paniai human rights violations assessed that the trial of the case at the Makassar Human Rights Court was no more than a publicity stunt by the State.
Rights activist Yones Douw, an advocate for the victims’ families, in a written statement received by Jubi on Thursday, September 15, 2022, said that the victims’ families, survivors and witnesses of the incident refused to attend or testify at the Makassar Human Rights Court this month.
Yones Douw is an advocate for Yosep Degei, Yosep You, Obet Gobai and Herman Yeimo. They are the parents of the four students shot dead by security forces on December 8, 2014, namely Simeon Degei, Pius You, Apinus Oktopia Gobai and Yulius Yeimo. Douw also represents Yermias Kayame, one of the 21 survivors of the Bloody Paniai tragedy.
Douw said the shooting that killed four people and injured 21 people in Enarotali, the capital of Paniai Regency, was a gross human rights violation involving four Indonesian Military (TNI) and Police units. The victims’ families and survivors were disappointed that only one defendant would be tried at the Makassar Human Rights Court.
“The families of victims, witnesses, advocate I and II state to President Joko Widodo, the High Commissioner of the UN Human Rights Council, the Attorney General’s Office, the Papuan Council of Churches, the National Commission on Human Rights [Komnas HAM], the panel of judges of the Makassar Human Rights Court, all national and international human rights institutions, journalists, and religious and Church leaders wherever they are, that we will not attend the Bloody Paniai gross human rights violation trial in Makassar because the suspect being tried is only one retired officer,” said Douw.
Douw assessed that the trial process did not match the facts on the ground. “Indonesia is protecting the perpetrators of the Bloody Paniai gross human rights violation, there is impunity,” said Douw.
Douw emphasized that the families of victims and survivors will not give power of attorney to anyone to represent them to testify at the Makassar Human Rights Court. If there were parties who became witnesses in the trial, Douw said it must have been the trickery of the State and TNI.
“We think the Bloody Paniai trial is just a publicity stunt. It will not resolve the case. In fact, the Court tried the perpetrators according to the wishes of the Indonesian Government, not according to the facts on the ground,” said Douw.
Douw urged President Joko Widodo to conduct a good and true trial for the Bloody Paniai case. “Conduct a good trial that respects us, the families of the victims, or we Papuans, because we are also God’s people,” said Douw.
Amnesty International Indonesia’s report “Suda, Kasih Tinggal Dia Mati – Murder and Impunity in Papua” published in 2018 says that the Bloody Paniai occurred when hundreds of Papuans protested near the local military and police headquarters in Enarotali, as a response to the alleged beating of 11 Papuan children by military personnel on December 7, 2014.
When protesters began throwing rocks and wood around the buildings, security forces fired live ammunition at the crowd, killing four people. At least 11 others were injured by gunfire or bayonets. A number of residents have testified to Komnas HAM that they saw police officers shoot protesters at close range, even after the victim had fallen to the ground.
However, on April 16, 2022, head of the Attorney General’s Office’s Legal Information Center Ketut Sumedana announced that his party handed over only one suspect to be tried at the Makassar Human Rights Court. “The trial of suspect IS in the case of alleged gross human rights violation in the 2014 Bloody Paniai incident will be held at the Makassar Human Rights Court,” Sumedana said at the time.
Head of the Impunity Monitoring Division of the Commission for Missing Persons and Victims of Violence (KontraS) Tioria Pretty assessed that the legal process of the Bloody Paniai case by the AGO was odd as neither the commander nor the field perpetrators were brought to court. Tioria said it was even worse than the legal process of the Bloody Abepura case.
“We consider the legal process in the Bloody Paniai case to be even worse than the legal process in three other cases of human rights violations that have been tried at the Human Rights Court, namely the Bloody Abepura, Tanjung Priok and East Timor cases. Even when the three of them also already showed odd legal process,” Tioria said on July 22, 2022.
Tioria said the ad hoc human rights courts for the Bloody Abepura, Tanjung Priok, and East Timor cases failed to provide justice for the victims and their families. For example, two defendants in the Bloody Abepura case, Brig. Gen. Johny Wainal Usman and Sr. Comr. Daud Sihombing were acquitted by the Makassar Human Rights Court for the Bloody Abepura case on September 8 and 9, 2005.
Meanwhile in the Bloody Paniai trial, IS, a retired TNI officer, became the sole suspect in the case. Tioria questioned IS’s capacity at the time of the shooting. “What exactly was his capacity at the time of the incident? There are other perpetrators that must be brought to court,” Tioria said. (*)
Rights activists including a Catholic priest have supported a crackdown against officials accused of corruption in Indonesia’s Christian-majority Papua province while critics termed the purge politically motivated.
Over the past week, the Corruption Eradication Commission (KPK) of Indonesia has arrested three high-ranking government officials including a governor in the easternmost province.
In the latest case, Papua governor Lukas Enembe was detained on Sept. 14. Enembe, who served the post since 2013, is accused of receiving bribes and gratuities in the procurement of goods and services sourced from the Papua province budget.
On Sept. 8, the commission named two district heads – Eltinus Omaleng of Mimika and Ham Pagawak of Central Mamberamo – as suspects in corruption and bribery cases.
"I fully support the commission's steps, considering that so far Papua has often been mentioned as a breeding ground for corrupt practices, but this is the first time the government has shown a firm stance," said Father Bernard Baru, chairman of the Justice and Peace Commission of the Augustinian Order in Papua.
Father Baru said that the KPK should not just finish its duties by naming the corrupt officials.
Emanuel Gobay, a Catholic and chairman of the Papua Legal Aid Institute, said that the three cases do not necessarily describe the overall corruption scenario in Papua.
Therefore, he called for “investigations of corruption cases to be carried out in all regencies and cities in Papua.”
Meanwhile, some residents in Papua alleged the anti-corruption crackdown was a politically charged move, linking it to pro-independence aspirations in the eastern tip of the region.
Local media reported that Enembe's supporters staged protests in the provincial capital of Jayapura against his arrest, calling it a case of political vendetta.
However, Father Baru said, while the alleged corruption had preliminary evidence, the KPK's move "should have been supported."
“These officials are indigenous Papuans and their actions certainly have an impact on their fellow Papuans. It is the Papuan people themselves who are victims of their alleged crimes," he said.
Activist Gobay said that in order to reduce suspicion from Papuans, the KPK needed to provide a full explanation regarding the reasons for the detention of the suspects.
At a press conference in Jakarta, Alexander Marwata, KPK’s deputy chairman emphasized that they had not yet criminalized Enembe and other officials.
"We carry out law enforcement, of course, based on the adequacy of evidence, through the clarification of witnesses and also documents, so that we believe that a criminal process has taken place,” he said.
He also asked for the support of the Papuan people in the legal process against the suspects in Papua and mentioned that trillions of rupiah from the central government have been channeled into Special Autonomy funds for the welfare of the Papuan people.
"If the corrupt practice continues, we are worried that the government's efforts to improve the welfare of the Papuan people will not materialize," he said.
Since the implementation of the special autonomy policy for the provinces of Papua and West Papua in 2002, the government has disbursed funds worth 138.65 trillion rupiah until last year.
However, according to the Integrity Assessment Survey by the KPK last year on government performance, the two provinces in Papua had the lowest index and were categorized as very vulnerable to corruption, which was 64, below the national average of 72.
Indonesia was ranked 96th out of a total of 180 countries in the global Corruption Perceptions Index 2021 by anti-graft watchdog Transparency International.
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