Jayapura, Jubi – Gustaf R Kawer, a member of the Civil Society Coalition for the Upholding of Law and Human Rights, expressed his concern over the ruling made by the Surabaya High Military Court III regarding the Mimika murder and mutilation case. In a written statement released on Tuesday, May 30, 2023, Kawer said that the verdict, which reduced the sentence of Maj. Inf Helmanto Fransiskus Dakhi, has deeply affected the victim’s family’s sense of justice.
Kawer strongly criticized the verdict, stating that it provided a lenient punishment. Originally sentenced to life imprisonment, Dakhi’s sentence was now reduced to 15 years.
Maj. Inf Helmanto Fransiskus Dakhi was one of the six soldiers from the Raider 20/Ima Jaya Keramo Infantry Brigade who stood as defendants in the murder and mutilation of four Nduga residents. The incident took place in Settlement Unit 1, Mimika Baru District, Mimika Regency on August 22, 2022. The victims were Arnold Lokbere, Irian Nirigi, Lemaniel Nirigi, and Atis Tini.
The appeal made by Dakhi was heard on April 12, 2023. The verdict overturned the previous decision made on January 24. The Panel of Appellate Judges determined that Dakkhi was only proven guilty of participating in murder as part of a joint criminal act with the intention of facilitating the unlawful possession of goods. Consequently, Dakhi’s sentence was reduced to 15 years in prison.
Kawer, who is the legal representative of the victims’ families, reminded that the previous decision had taken several aggravating factors into consideration regarding the defendant. These factors included the trauma experienced by the families of the victims and the local community as a result of the murder and mutilation, the strain it placed on the relationship between the Indonesian Military (TNI) and the Papuan people, and the damage inflicted upon the TNI’s reputation in the community. The murder and mutilation were also described as sadistic, inhumane, and a violation of human rights.
“We support the previous verdict of January 24 as it aligns with the gravity of Helmanto Dakhi’s actions. Upon closer examination, Helmanto Dakhi played a crucial role, which was proven by the evidence presented during the trial, and thus, he deserves the same punishment as the other perpetrators,” said Kawer.
He highlighted the concept of command responsibility in the realms of the military and human rights violations. According to this concept, individuals in positions of authority or command can be held legally accountable if they fail to prevent or punish the unlawful actions committed by their subordinates. Kawer argued that Maj. Inf Helmanto Fransiskus Dakhi falls under the scope of command responsibility.
“It is certainly applicable to Helmanto Dakhi as the unit’s leader who failed to exercise effective control over his subordinates, leading to severe violations. In this case, he was not only uninvolved in the mutilation and disposal process, but he was actively engaged from the initial planning stage. We strongly denounce the latest verdict which reduced Helmanto Dakhi’s sentence,” Kawer said, urging the Military Oditur to appeal to the Supreme Court. (*)
TEMPO.CO, Jakarta - The Indonesian government asked for an additional 10 percent stake from US-based gold and copper miner Freeport Indonesia as a condition of its operating permit extension. Coordinating Minister for Maritime Affairs and Investment Luhut Binsar Pandjaitan and Freeport president director Tony Wenas have spoken up about the demand.
Luhut did not give a clear answer when asked about the additional stake. He said the negotiation is underway.
“I think it’s still ongoing. I am having a negotiation,” he said shortly when met by reporters at Jakarta Mulia Hotel on Tuesday, May 30, 2023.
Tony Wenas, meanwhile, said that he will comply with government directives. “I have not yet [received an extended contract], we’ll just follow it. We welcome this matter because there are a lot of resources, it's unfortunate if it's not continued,” Tony said in Jakarta on Tuesday.
However, when asked about the additional 10% stake, he was reluctant to explain further.
Freeport reportedly applied for an extension of its operating permit in Indonesia which currently runs until 2041. The government through the Energy and Mineral Resources Ministry is discussing the matter, particularly considering additional revenue and benefits for the state.
One of the conditions requested is that Freeport Indonesia must agree to sell an additional 10% stake to the government. That way, Indonesia’s shareholding will increase to 61 percent.
Investment Minister and Head of the Investment Coordinating Board (BKPM) Bahlil Lahadalia disclosed the requirement as the US company’s revenue is getting better.
Throughout 2022, state revenue from Freeport including taxes, dividends, and non-tax state revenue reached US$3.32 billion. In 2023, it is estimated to hit US$3.76 billion.
“If Freeport doesn't want to give [more stake], I'm ready to be evaluated as a minister. Ten percent must come at a low cost, I don't want to ask for the current valuation,” Bahlil said on Friday, April 28, 2023.
AMELIA RAHIMA SARI | ANTARA
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