Tuesday, June 20, 2023

1) Papua Police chief offers negotiation for release of Susi Air pilot


2) Workers complain of unfair dismissal at PT Tandan Sawita Papua, seek legal aid   

3) Calls for consistent implementation of Otsus: Indigenous Papuans in legislative seats 



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1) Papua Police chief offers negotiation for release of Susi Air pilot 
News Desk - Susi Air Pilot Hostage-Taking 
20 June 2023

Jayapura, Jubi – Papua Police chief Insp. Gen. Mathius Fakhiri announced that his office is willing to provide a platform for negotiations with the West Papua National Liberation Army (TPNPB) led by Egianus Kogoya, in order to secure the release of Susi Air pilot Philips Mark Mehrtens. Fakhiri made this statement in Jayapura City, Papua, on Saturday, June 17, 2023.

“We are always prepared to engage in negotiations. If anyone believes they can communicate effectively, the security forces will ensure their safety to facilitate communication. However, there is a time limit imposed as well,” he said.

According to Fakhiri, the joint team is currently focusing their search efforts for the pilot in the Nduga Regency area of the Mountainous Papua.

“We have taken progressive measures from the initial stages to the final stage. I have also met with various parties, including religious and community leaders, to facilitate negotiations with the Egianus Kogoya group,” he explained.

When asked about the deadline mentioned in the video regarding the pilot’s situation, Fakhiri stated that they would carefully consider it before taking any law enforcement actions.

“We do not want our actions to have fatal consequences for the pilot. We have identified the pilot’s location and will convene a special meeting to expedite our actions within the remaining time,” he added.

The rescue operation for Mehrtens is being carried out by the Indonesian Military (TNI) and the National Police after the TPNPB took Mehrtens, a New Zealand national, as a hostage on February 7, 2023. After the pilot landed an aircraft at Paro Airstrip, the TPNPB took him and set fire to the plane.


Fakhiri emphasized that anyone who actively support the Egianus Kogoya group will face legal consequences. “I will not tolerate any further games. I have issued a warning but they continue to disregard it. Those who provide financial support to TPNPB and engage in criminal activities will be prosecuted,” he concluded. (*)

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2) Workers complain of unfair dismissal at PT Tandan Sawita Papua, seek legal aid   
News Desk - Dismissal Of 12 Workers Of PT Tandan Sawita Papua 
20 June 2023

Jayapura, Jubi – Workers from PT Tandan Sawita Papua in Keerom Regency, East Arso District, have filed complaints with the Papua Legal Aid Institute (LBH Papua) after being laid off. The workers allege that they were fired without any prior warning or adequate compensation.

Yosep Langoday, deputy of the All Indonesian Labor Union (SBSI) in Keerom District, revealed that these workers had served at Tandan Sawita ranging from three to eleven years. The laid off workers include Agustinus Doko, Hendrikus Tua, Brunosius Yohanes, Beneditus Budi and his wife Maria Mega Mode, Inocentius Toke Wane, Germanus Meda and his wife Marsela Wonga, Krispianus Meze, Daniel Lokobal, and his wife Marlince Doga.

Langoday explained that the case originated when Elina Endoi, a plantation worker at the company died after being bitten by a snake on May 5, 2023. The company management had initially promised to assist in sending Elina’s body to her hometown in Manggarai, East Nusa Tenggara Province. However, Elina’s family found the provided coffin to be inadequate, as it only reached her knees. Angered by this, the family brought the coffin back to the company’s office in Amiyu Village, which led to a confrontation causing damage to the office premises.


Following the incident, PT Tandan Sawita Papua reported it to the Keerom Police on May 6. On May 30, the Keerom Police called in 30 witnesses for questioning, leading to the detention of 11 individuals. However, their detention was later suspended with the assistance of Payubuhan Flobamora Keerom.

On June 15, a meeting took place between Yudi Harsono, the HCCS Manager of PT Tandan Sawita Papua, and Yosep Langoday, accompanied by three other workers. During the meeting, an agreement was reached wherein PT Tandan Sawita Papua would withdraw the police report filed on May 6, 2023.

Under point b of the agreement, the workers expressed their willingness to be terminated alongside their wives. Point c stated that the dismissed workers would vacate the housing (barracks) within 3 x 24 hours.

The following day, on June 16, PT Tandan Sawita Papua sent termination letters to nine workers and three workers’ wives who were also employed by the company. Yosep Langoday criticized the dismissals as inappropriate since they were not preceded by warning letters.


“The proper procedure is to issue a warning letter first. That is the responsible approach the company should have taken. Direct termination is not justified,” he said.

Langoday sought legal assistance from LBH Papua and the NGO Gempur Papua, feeling that his labor rights were violated and justice was not served. He believed that he was being treated as a criminal due to his role as a labor union leader, as he was detained at the Keerom Police Station.

According to Langoday, the company provided varying compensation amounts at the Keerom Police Station on June 16. Workers with a tenure of up to three years received Rp 3 million, while those who worked for more than three years were given Rp 6 million. However, Langoday argued that this compensation does not align with Government Regulation No. 35/2021, which addresses fixed-term employment agreements, outsourcing, working and rest time, and employment termination. He questioned the basis for the Rp 6 million compensation amount.

One of the workers, Marsela Wonga, shared that she was summoned by the company manager to sign the termination letter. However, Wonga refused, asserting that she was not involved in the office vandalism incident.

“I want to return to work, but the company would not care. Now, I don’t know where to live,” she expressed.

Another worker, Daniel Lokobal, disclosed that he had been employed by PT Tandan Sawita Papua since 2013. He had opted for casual daily labor status to avoid complex administrative procedures. When he was terminated on June 16, he received only Rp 6 million for his entire tenure since 2013.

Lokobal now faces uncertainty in finding new employment and is temporarily residing in Arso 6. “Until now, we have been living in the company-provided barracks,” he informed Jubi.


LBH Papua director Emanuel Gobay said that the dismissals conducted by PT Tandan Sawita Papua were invalid. He emphasized that the agreement letter created on June 15 held no validity and could not serve as the basis for laying off these workers.

Gobay stated that the conditions for a valid agreement are outlined in Article 1320 of the Civil Code. According to this article, an agreement is considered valid if it is based on the consent of the parties involved, their legal capacity to enter into an agreement, a clearly defined subject matter, and a lawful cause.

“We observe the fact that these workers were criminalized, despite not committing any crimes. The company unilaterally accused them and coerced them into signing termination letters by using the threat of a police report. Such an agreement contradicts the principles of a valid agreement as recognized in Article 1320 of the Civil Code,” Gobay explained.

Gobay further argued that the layoffs were not in line with the Principles of Employment Development stated in Law No. 13/2003 on Manpower. He emphasized that companies have an obligation to take measures to prevent layoffs from occurring.

“The proper procedure would involve issuing warning letters. In this case, no warning letters were given. Instead, direct terminations took place. This demonstrates a lack of respect from the company towards employees who have dedicated years of service,” he remarked.

Gobay announced that they would report this matter to the Keerom Manpower Office, as it pertains to an issue of industrial relations. He highlighted that the incident originated from a work accident, but the workers were not professionally handled, leading to their frustration.

Gobay believed that the situation should have been managed by the company’s Human Resources department instead of involving the police. “We will file a complaint with the Keerom Manpower Office,” he stated.

Yudhi Harsono, the Papua Region HCCS Manager of PT Tanda Sawita Papua, could not provide information due to illness. “I am currently sick. I will provide information when I am feeling better,” Yudhi stated via a WhatsApp call on June 19. (*)

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3) Calls for consistent implementation of Otsus: Indigenous Papuans in legislative seats   
News Desk - Indigenous Papuans 
20 June 2023

Merauke, Jubi – Komarudin Watubun, a member of the House of Representatives’ Commission II, expressed that the recruitment of Indigenous Papuans for government positions in the new provinces within Papua has not adhered to the requirements and provisions stated in the Papua Special Autonomy (Otsus) Law.

The law stipulates that 80 percent of these positions should be filled by Indigenous Papuans, while the remaining 20 percent be allocated to non-Papuans.

“The purpose of Otsus is to establish affirmative action and protect the rights of Indigenous Papuans. However, the implementation of this special autonomy has been inconsistent over the past two decades since its enactment,” Watubun said during an interview in Merauke on Friday, June 16, 2023.

According to him, the implementation of the law is not intended to be discriminatory but rather a decision by the state to protect and improve the well-being of indigenous Papuans.

He expressed his concern about the excuses made for not carrying out the recruitment of Indigenous Papuans in government positions, citing the lack of readiness in terms of human resources. He stressed that special attention, planning, and design are necessary to consistently achieve the target of 80 percent representation over time.

Watubun pointed out that the four new provinces in Papua, namely South Papua, Central Papua, Mountainous Papua, and Southwest Papua, have not fully implemented the recruitment of Indigenous Papuans for specific positions in the new government, despite the clear requirement of 80 percent indigenous representation and 20 percent non-Papuan representation.

He lamented that no one has achieved the 80 percent implementation so far, expressing disappointment. To address this, he proposed the development of a comprehensive roadmap that involves gathering indigenous Papuans at various education levels to establish a clear plan.


He suggested that the governments in the four new autonomous regions create a grand design or roadmap for the recruitment of Indigenous Papuan as State Civil Apparatus (ASN). He recommended setting a target within the next five to ten years to ensure that Indigenous Papuans occupy positions in the government, thereby fulfilling the mandate of the Special Autonomy Law.

To ensure the future benefits of Otsus, it is crucial to take the matter seriously. Watubun emphasized that Otsus is not a mere amusement but a substantial solution to address the issue at hand. Failing to carry out the goals seriously will lead to demands from the people.

To achieve the target of 80 percent representation, Watubun stated that the regional government should encourage Indigenous Papuan State Civil Apparatus to participate in leadership education and training programs. This will enable them to meet the necessary requirements in terms of rank and position within the next two to three years.

He stressed the importance of providing training for human resources if the current capacity is insufficient. The plan for the next two to three years should focus on developing eligible individuals who can occupy positions in accordance with rank and class standards, including the role of regional secretary and other positions.

Watabu also highlighted that the recruitment of indigenous Papuans should not be limited to civil servants. It should also be implemented in the cultural institution of the Papuan People’s Assembly (MRP) and in the appointment of members of the provincial and district/city House of Representatives (DPR) in a proportional manner.

He emphasized the need for anthropological mapping of the existing tribes within the MRP to ensure fair representation, preventing any one or two tribes from exerting control over others. The distribution of seats should reflect the diversity of tribes so that all tribes feel represented. It is essential to avoid the oppression of minority tribes by the majority, as it is not permissible.

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