Jakarta anti-graft court on Thursday sentenced a former agriculture minister to 10 years in prison for extortion and misuse of public funds, raising questions again about outgoing President Joko “Jokowi” Widodo’s commitment to fight corruption.
Syahrul Yasin Limpo, 69, became the sixth cabinet minister in Jokowi’s two presidential terms to be embroiled in corruption allegations.
Presiding Judge Rianto Adam Pontoh said Syahrul had extorted more than 44 billion rupiah (U.S. $2.75 million) between 2020 and 2023, using the money to buy cars and jewelry, to pay for beauty treatments and family parties or to provide gifts to others.
“The defendant Syahrul Yasin Limpo has been proven legally and convincingly, according to the law, guilty of committing the crime of corruption jointly and continuously,” Rianto ruled.
Court documents said the ex-minister threatened to dismiss his subordinates if they refused to comply with his demand for 20% of the ministry’s budgeted funds, which he used for personal, family and colleagues’ interests.
The judge said the ex-minister had extorted the money through two of his subordinates, Kasdi Subagyono, his secretary general; and Muhammad Hatta, director of the Agricultural Equipment and Machinery directorate. The judge sentenced them to four years each, as well.
While prosecutors had requested a 12-year prison term, the judge issued a more lenient sentence, noting that Syahrul returned some of the money. He also noted the former minister had made a positive contribution in handling the national food crisis during the COVID-19 pandemic.
Former cabinet minister Syahrul Yasin Limpo (left) looks at supporters during his sentencing in a Jakarta courtroom, July 11, 2024. [Eko Siswono Toyudho/BenarNews]
Syahrul’s lawyer Djamaludidin Koedoeboen said his client had not decided if he would appeal the ruling. The Corruption Eradication Commission (KPK) had named Syahrul as an extortion suspect on Oct. 11, 2023.
After the sentencing, Syahrul apologized to his family, the community and his colleagues in the NasDem Party.
At the start of Syahrul’s trial in February, prosecutor Taufiq Ibnugroho said the former minister appointed trusted people to collect money from his subordinates.
When presenting his case on July 5, Syahrul tearfully claimed to not be very wealthy.
“I am one of the poorest ministers,” he said.
Syahrul’s assets total about 20 billion rupiah (U.S. $1.24 million), according to the government’s state officials wealth report (LHKPN).
Indonesia Corruption Watch researcher Kurnia Ramadhana said he hoped the KPK would continue to develop the case against Syahrul by summoning his family.
“The KPK needs to conduct further investigations. The witness’s statement in the trial that said Syahrul’s family also enjoyed the proceeds of corruption must be taken seriously,” Kurnia told BenarNews.
The case took a bizarre turn in November 2023 when the then-KPK chief, Firli Bahuri, was suspended – and then fired a month later – after being suspected of demanding bribes from Syahrul in exchange for leniency in the graft case against him.
Firli, a former police general, has also been named a suspect in an extortion case by the Jakarta police.
The nation’s physicians say proposal will prove expensive and undermine local expertise, but government says situation is critical.
Tria Dianti 2024.07.19 Jakarta
Doctors and medical personnel at work in the respiratory disease department, which treats patients suffering from illnesses caused by air pollution, at Persahabatan Hospital in Jakarta, Aug. 24, 2023.
[Bay Ismoyo/AFP]
A government plan to alleviate a critical doctor shortage by hiring foreign ones is facing a backlash from critics who say it will undermine local expertise, cause communication issues and drain funds that could be used to enhance education and training at home.
The government has said the shortage needs an immediate solution.
Indonesia has 160,000 practicing doctors but needs 275,000, according to its Health Ministry.
And most doctors in the sprawling archipelago of nearly 280 million people are concentrated on the densely populated islands of Java and Bali.
However, not everyone trusts those numbers.
The issue of foreign hires has become so contentious in the medical community that the rector of Airlangga University, a state institution, fired the dean of the faculty of medicine, Budi Santoso, in the first week of July after he criticized the government plan for foreign hires.
That dismissal was reversed less than a week later after a fusillade of protests from his colleagues on the faculty and the wider medical community. Many faculty members at Budi’s university threatened to strike if he was not reinstated.
Budi had argued that Indonesia’s schools produce doctors of international caliber.
Indonesia’s health minister said this month the issue of allowing foreign doctors to practice in Indonesia had been settled with the passage of the health law last year.
“There should be no more debate. Legally, the Indonesian people’s representatives and the government have agreed,” said Health Minister Budi Gunadi Sadikin, although he did not specify where the government plans to hire doctors from.
“If some members of the public disagree, it’s like saying ‘I don’t agree with the election results,’ even though it’s already been decided.”
The World Health Organization (WHO) recommends a standard of one doctor for every 1,000 people. Indonesia falls significantly short of this benchmark, with a ratio of about 0.47 doctors per 1,000 people, according to government data.
Dr. Irman Pahlepi, left, checks screens monitoring COVID-19 patients at the Dr. Suyoto General Hospital in Jakarta, July 29, 2021. [Tatan Syuflana/AP]
At a recent parliamentary hearing, the health minister said that heart disease and strokes caused the deaths of 250,000 and more than 300,000 Indonesians every year, respectively. He attributed these fatalities to limited access to healthcare, including a scarcity of specialists.
He said that increasing the medical workforce in Indonesia could potentially reduce the number of deaths from heart disease to 150,000.
“This is not a competition between foreign and local doctors. They are [sought] here because we want to prevent the 250,000 deaths from heart disease,” the minister said.
Any worries about cultural or communication gaps have been addressed in the health law, government officials say.
Foreign doctors must pass a competence evaluation and undergo an adaptation process at a local health facility, the law stipulates. Those foreign doctors with at least five years of experience outside their countries, or who are widely recognized experts in their fields, would be exempt from these requirements.
But one Indonesian who goes by the name @Ikhmart- on X, formerly Twitter, wrote on the platform about the perils of language barriers.
“One key to successful diagnosis and therapy is the patient’s history, known as anamnesis. Imagine if a foreign doctor treats patients who only speak local languages; the likelihood of misdiagnosis and incorrect treatment increases,” @Ikhmart- wrote.
“Even local doctors sometimes struggle to communicate with local communities.”
‘What about financing?’
The chairman of the Indonesian International Association of Doctors and Health Scientists questioned the feasibility of recruiting thousands of foreign doctors.
Iqbal Mochtar said foreign doctors typically seek better salaries than what physicians make in Indonesian public hospitals.
In the United States, a cardiologist typically earns $40,000-$60,000 monthly, enough to pay 3-4 Indonesian cardiologists, he said.
“Hiring foreign doctors is not cost-effective. If they’re paid Indonesian rates, it’s unlikely high-quality doctors will come,” he said.
He also said the government’s claim of a massive doctor shortage needs to be investigated.
“A thorough mapping is needed to determine the actual need: general practitioners or specialists, in which regions, what specialties, how many doctors, and who will pay their salaries?” Mochtar said.
Dr. Feni Fitriani Taufik (left), a lung specialist, inspects a patient for respiratory issues, at Persahabatan Hospital in Jakarta, Aug. 21, 2023. [Bay Ismoyo/AFP]
The head of the country’s main medical association concurred.
Mohammad Adib Khumaidi, of the Indonesian Medical Association, called for transparent national regulations and a comprehensive analysis of doctor distribution.
“The problem now is that 70% of doctors are concentrated in Java and other major cities. The capacity for specialist services is also uneven,” Khumaidi said during an online discussion on July 9.
“And what about financing? Should the government pay for it? If so, there are still many local specialists whose livelihoods need to be considered.”
Khumaidi said many local doctors were willing to serve across Indonesia, provided there are clear career paths, welfare, incentives, and security.
“Rest assured, Indonesian doctors are no less competent than foreign ones,” he noted.
Aside from addressing the shortage of medical personnel, the move is also seen as a step to prevent affluent Indonesians from seeking treatment overseas.
The Indonesian government estimates that Indonesians spend between 100-150 trillion rupiah (U.S. $7-9 billion) annually on medical treatment and services overseas. Some reports estimate that 600,000 to 1 million Indonesians seek medical treatment abroad.
‘Ticking time bomb’
Meanwhile an academic said Indonesia needs more doctors as its population ages.
Ascobat Gani, a public health professor at the University of Indonesia, said the current senior population of 29 million is projected to rise to 42 million by 2029 and 68 million by 2045.
“This exponential growth will undoubtedly require neurologists, neurosurgeons, and rheumatologists. Compared to our current production [of graduating doctors], we will not be able to keep up,” he told BenarNews.
This could create a dangerous situation, Gani warned.
“We can no longer contain this and must innovate. It’s a ticking time bomb,” he said.
Ascobat doesn’t believe foreign doctors would encroach on the job market for local doctors, because Indonesia is vast in size and diverse.
“Our production capacity has never met the rapid increase in demand. The easiest solution might be to import doctors from countries like India,” he said.
“For a long-term solution, the government needs to empower and increase the number of medical faculties. But this process is not easy and takes a long time.”
“I have to yell out to the world. Because if I do not, we are weakening. The indigenous will be wiped out”, says one West Papuan highlander fighting for independence.
“I have to yell out to the world. Because if I do not, we are weakening. The indigenous will be wiped out”, says one West Papuan highlander fighting for independence (ABC News In-depth,2020). The Papua conflict has been ongoing for far too long. According to Lembaga Ilmu Pengetahuan Indonesia (LIPI) (2011), it all started in 1969 when, under the New York Agreement on Papua, the Dutch agreed to transfer Papua or Dutch New Guinea to Indonesia subject to a referendum. It was argued that the 1969 Act of Free Choice (AFC) or Penentuan Pendapat Rakyat (Pepera) had indicated foul play that was done by the Indonesian government, violating the “one man, one vote” content of the agreement. This then created a sort of discontentment among the Papuans and the Indonesian government. It all started as a protest for a redo. However, rather than being resolved, the conflict only grew from there.
Human rights violations committed by the Indonesian government and state security forces towards the Papuans, and especially the West Papuans, aren’t getting the scrutiny they deserve. The Categories of violations include the right to life, the right to freedom of expression, and the right not to be tortured. Even now, in a notable-aware society, the list of controversial cases is not ending. In 2022, the list of human rights violations in Papua increased from the years before. Most cases are related to the suppression of freedom of expression and the rejection of oil palm plantations. Civilian casualties were more than 300 people, including women and children! Worse, 34 of these horrific cases involve the authorities and state officials, and even 4 are armed conflicts involving the military and the Tentara Pembebasan Nasional Papua Barat-Organisasi Papua Merdeka (TPNPB). (Laia, 2023)
It doesn’t stop there. Recently, #AllEyesOnPapua has been trending throughout all social media platforms as a nod to the #AllEyesOnRafah campaign. The Papua campaign brings awareness to the tribal forests by clear-cutting inside oil palm concessions. The four companies in Boven Digoel and Sorong are planning to overlap and destroy indigenous tribes’ land by establishing an area twice the size of Indonesia’s capital, Jakarta, plantations. This is indeed an act of cruelty! What’s even crueler is that the concessions form a project called the Tanah Merah mega plantation, which sits on an immense block of primary rainforest twice the size of New York City. This project is run by several companies owned by unknown investors, hiding behind anonymously held firms in the Middle East. This means foreigners. Foreigners with corporate secrecy, which Indonesia’s corrupted bureaucracy played a part in. Yayasan Penguatan Partisipasi, Inisiatif, dan Kemitraan Masyarakat Sipil Indonesia (YAPPIKA) stated that the Papuans consider the government and state authorities to be supportive of capital owners and foreign companies, compared to the indigenous and native Papuans(Gradiyanto, 2021). They argue using production being controlled by said foreigners. The question Papuans wished the government would answer is, “Where should we go?”. (Jong, 2024)
Even in their own homes, they are unsafe and unsatisfied. Papuan political and economic unrest has arisen due to controversy over social infrastructure development. This writer argues that the failure of development programs, especially in the fields of education, health, and community empowerment in Papua, creates dissatisfaction with the Indonesian government. Even as essential as access to markets is limited, thereby limiting the development of agricultural products (Raweyai, 2001). Furthermore, more than 244.000 children at the Sekolah Dasar level, more than 224.000 at the Sekolah Menengah Pertama level, and more than 151 thousand at the Sekolah Menengah Atas level did not attend school, and the shortage of more than 20 thousand teachers throughout Papua (Hutasoit, 2023) are educational issues that need addressing. Unsurprisingly, Papua is the poorest province in Indonesia, with a low human development index (Pahlevi, 2023).
And as an Indonesian writer, it is profoundly saddening to witness such complex atrocities happening in the nation. It’s saddening to witness a fellow Indonesian feel exploited and say, “I feel like all they want from us is our riches, our land. But not us” (ABC News In-depth, 2020). The Papuans felt they were victims of injustice and wished for independence from Indonesia. Their wish is then fought by themselves, forming the Organisasi Papua Merdeka (OPM) or the Free Papua Movement. The Tentara Nasional Indonesia (TNI) returned to using OPM as an umbrella name for the terrorist separatist and armed criminal groups of Papua. According to the Kepala Pusat Penerangan TNI Mayor Jenderal Nugraha Gumilar, the change of terms is for society to be made aware that the OPM are soldiers and combatants who have the right to become victims in armed conflict (Yunus, 2024). It must be highlighted that, indeed, the OPM is not a peaceful or non-violent movement. In 2023, OPM formally stated that it was responsible for the burning of school buildings and shooting down planes in Bintang Mountains, Papua (BBC, 2023).
Some argue that the Papua conflict is a problem of violence, terrorism, separatism, or even criminals. However, if this is merely a problem of violence, this only means a problem of intentional use of physical force or power against another person that either results in injury, death, or psychological harm (UNHRC, n.d.). And if it is merely a problem of violence, what differentiates it from the acts of violence done in other areas? In Yogyakarta, there are many cases of violence done by a group of Klitih (Nurhadi, 2021). As the state’s capital, Jakarta has seen quite a lot of violence. And so, this writer does not think of the Papua conflict as a problem of violence.
This writer believes that the root problem of the Papua conflict is inequity and injustice. Therefore, this policy brief aims to eliminate violence and bring justice and equity. Peace does not mean no disputes, but at least with peace, long overdue justice is finally served. A few efforts have been made to resolve the Papua conflict and build the pathway to peace, one of which is through the making of Undang-Undang Otonomi Khusus Papua dan Pembentukan Daerah Otonom Baru (DOB) as a state law:
“This law regulates the addition and amendment of several articles in Law Number 21 of 2001 as amended by Law Number 35 of 2008. The authority of Papua Province includes authority in all fields of government, except for authority in the fields of foreign policy, defense and security, monetary and fiscal, religion, and justice as well as certain authorities in other fields determined in accordance with the provisions of laws and regulations. The regional government of Papua Province consists of the Regional Government of Papua Province and the Papuan People’s Representative Council (DPRP). The DPRP consists of members elected in general elections and appointed from the indigenous Papuan element.” (BPK, 2021)
However, this is not enough. This writer argues that through recent cases, it is evident that the conflict has not been resolved and has not calmed, even with the policy of special autonomy. Therefore, through this policy brief, this writer would like to propose recommendations to the Indonesian government to transform or resolve the Papua conflict.
Since the beginning, Sukarno’s policy regarding Papua has been clear, namely, incorporating the territory into Indonesian territory, as with the adjacent former Dutch lands. This then creates a bond between people, known as nationalism. According to Britannica (2019), nationalism is an ideology based on the premise that the individual’s loyalty and devotion to the nation-state surpass other individual or group interests. In simple terms, nationalism means an individual’s love for a particular nation-state. However, nationalism could not be the only answer to such a complex conflict. Nationalism only works if Papua is treated in equity as the other areas of the nation. Nationalism only works if Papuans are considered part of the nation, not only Papuan land but also Papuan people!
The Papua conflict is cultural as much as it is political. Therefore, this writer urges the government to carry out a dialogue. To do so, the primary stakeholders need to be identified. Rather than hold a regular discussion between two parties, this writer believes that by involving experts who can provide comparative examples or options of solutions. As the involved parties are the Indonesian government and Papua as a province, the two are unable to think clearly and objectively, thus unable to think outside the box. It would be better if the two invited professionals could present new ideas with tangible evidence in a dialogue. For example, ask a professional and expert in land disputes to provide a menu of solutions by saying, “Oh, in Mexico, they divide the land into two!” or “In Japan, they made skyscrapers to move the indigenous!”. Given a menu of solutions, the two parties can choose from a selection. This writer also believes it would be ideal if the state or government here works as a participant rather than a facilitator, which means there needs to be another independent dialogue facilitator to ensure objectivity and fairness in the discussion.
For all human rights violations and cases of violence that occur between the TNI, OPM, and even Papuans, perpetrators must go through all the processes of law in conflict resolution. And official supervision from the Indonesian government must be maintained to prevent repetition.
These approaches must be done continuously and, indeed, until solutions by Papuan needs are met. As it is understood, the root cause of the conflict is inequity, so to truly resolve the dispute, Papuan problems need to be treated and paid the same as the other Indonesian provinces. Even so, Papuan issues are not one for all. The mountains of Papua must have conditions that are different from those of the coastal Papua, so various problems must be addressed. Hence, this writer recommends that the Indonesian government change its standards, especially in making state laws. Instead of equality, highlighting equity is much more critical. Asymmetrical standards and regulations customized to each area of the nation will make everyone feel involved. That is when true nationalism takes place.
The Papua conflict is complex, involving almost every aspect of life, including culture. Cases of human rights violations, indigenous people’s eviction, and inequity pushed the Papuans to fight for freedom, thus creating the Organisasi Papua Merdeka. To transform and resolve the conflict between the Papuan organization and the Indonesian government, this writer recommends a well-structured dialogue, prevention of repetition, and a fight for equity rather than merely continuing the special autonomy policy.
A nation without nationalism is merely a territory with people. However, nationalism could only work if a nation truly treats all of its people and territory in equity.
Jasmine Naurah
Sabrina Jasmine Naurah Sabrina is undergoing her undergraduate studies at Universitas Gadjah Mada. Jasmine is a lifelong learner of global politics and international relations. She is incredibly passionate about film and literature. She is, therefore, dedicated to further exploring and expressing opinions through writing. —————————————————————
The “Permanent Peoples’ Tribunal on State and Environmental Violence in West Papua” took place last month at Queen Mary University of London.
A panel of tribunal experts heard evidence from numerous international NGOs and local civil society organisations as well as testimonies from individuals who have witnessed human rights violations and environmental destruction.
The Tribunal stated that the Indonesian state has forcibly taken Indigenous Papuan lands through racial discrimination, leading to cultural loss and violent repression, including unlawful detention, extrajudicial killings, displacement, and environmental degradation. It urged the international community, particularly the UN, to respond urgently to the situation in Papua.
The Permanent Peoples’ Tribunal (PPT) is a public opinion tribunal based on the Universal Declaration of the Rights of Peoples (Algiers, 1976) and on all the instruments of international law; the various chapters of the PPT have sought to struggle against impunity and to promote respect for human rights, access to justice and the re-appropriation of the human rights instruments; the PPT is able to adjudicate flagrant, systemic and systematic violations of the rights of peoples;
It combined legal scholars, right-defending NGOs, and West Papuans in exile, with eye-witnesses from West Papua connecting via online calls. These tribunals examine international law, but cannot enforce their judgement. The Indonesian state is accused of the following,
The Indonesian state is accused of taking the ancestral land of the Indigenous Papuan people against their will, employing racial discrimination which leads to the loss of culture, traditions and Indigenous knowledge, erases their history and subsumes them into the Indonesian national narrative.
The Indonesian state is accused of violent repression, including unlawful detention, extra-judicial killing, and population displacement in West Papua as a means of furthering industrial development.
The Indonesian state is accused of organised environmental degradation, including the destruction of eco-systems, contamination of land, the poisoning of rivers and their tributaries and of providing the permits, concessions and legal structure of non-compliance for national and foreign companies to invest in West Papua in a way that encourages environmental degradation.
The Indonesian state is accused of colluding with national and foreign companies to cause environmental degradation, population displacement and sustain violent repression in West Papua.
The panel of experts comprised of Teresa Almeida Cravo (Portugal), Donna Andrews (South Africa), Daniel Feierstein (Argentina), Marina Forti (Italy), Larry Lohmann (UK), Nello Rossi (Italy), and Solomon Yeo (Solomon Islands), according to the website of Queen Mary University of London,
The territory of West Papua refers to the Western half of the island of New Guinea, partitioned as a result of European colonial settlement. West Papuans, an Indigenous Melanesian people, have been engaged in a struggle for their right to self-determination since colonisation by the Netherlands in 1898.
Responding to the final statement of the Permanent Peoples’ Tribunal on Papua in London, Amnesty International Indonesia’s executive director Usman Hamid said:
“The final statement truly mirrors the deteriorating developments in Papua. Their historic findings signal the depth of human rights violations and environmental destruction in the region.
“The tribunal is a great start to paving the way to justice in Papua and we hope that it serves as an opportunity for the international community to stand in solidarity with the people of Papua, to acknowledge their suffering and to support their fight for human rights.
“The Indonesian authorities have continuously failed to end the conflict that keeps claiming more civilian lives in the region. It is therefore essential for authorities to evaluate its military operations and business activities by corporate actors to ensure the recovery and the protection of human rights in Papua.
“This arduous path of justice for Papuans must end. It is high time for the international community to call on the Indonesian authorities to end the long-established violence.”
Responding to the shooting of Yan Christian Warinussy, a senior lawyer and human rights defender in the province of West Papua, Amnesty International Indonesia’s executive director Usman Hamid said:
“This heinous act is not only a violation of Yan Christian Warinussy’s right to bodily integrity but also an alarming attack on the principles of justice and human rights in Papua.
“Yan Christian Warinussy has long been a steadfast defender of human rights in Papua, tirelessly working to ensure justice and equality for all. His advocacy has been instrumental in bringing to light numerous human rights violations and in providing legal assistance to those most vulnerable.
“This attack is a reprehensible attempt to silence a courageous voice and to instil fear in those who fight for justice.
“We call on the authorities to promptly conduct an effective, thorough and impartial investigation into this attack and to bring the perpetrators to justice in fair trials.
“The government must take immediate and decisive action to protect human rights defenders and to ensure that perpetrators who have committed such acts of violence are brought to justice.”
Background
Yan Christian Warinussy, a senior lawyer and human rights activist in Papua, was shot by an unidentified person in Manokwari, West Papua province on Wednesday 17 July.
According to his driver, cited by some local media, the shooting occurred after Warinussy had just withdrawn money from an ATM kiosk on the roadside. Previously he attended a corruption trial involving some local state auditors at the Manokwari anti-corruption court.
He survived and was taken to hospital to get medical treatment. The doctor managed to remove an air rifle bullet projectile from his chest. Local police said they were investigating and attempting to find the suspected shooter.
Warinussy is known as a lawyer and human rights defender in Papua because of his dedication to advocating for the rights of the Papuan people. He leads the Research Institute for Legal Aid Assessment and Development (LP3BH) in Manokwari.
He has received various national and international awards for his human rights work, including the John Humphrey Freedom Award in 2005. This award recognized his efforts in exposing gross human rights violations in West Papua and defending the rights of the marginalized, despite facing repeated intimidation and threats. (*)
Jayapura – Zakarias Talaty, the sole judge at the Jayapura District Court, has rejected a pretrial motion on behalf of senior Papuan journalist Victor Mambor against an Order to Stop Investigation (SP3) issued by the North Jayapura Sectoral Police (Polsek) on the grounds that the SP3 was legitimate due to the lack of witnesses who saw the bomb attack on Mambor’s home in March 2023.
Papua Human Rights Lawyers Association (PAHAM Papua) Director Gustaf R. Kawer said that the Papua Regional Police should take the Molotov bomb terror attack seriously by involving the Detachment 88 counter-terrorism unit.
“Not ‘trivialising’ it by allowing the investigators at the Polsek level to handle such a serious case, because the quality of investigators and the minimal equipment has an impacted on the conclusion that there was a lack of witnesses who saw the incident”, Kawer said as quoted in a press release received by Jubi on Tuesday July 9.
Kawer said that the bomb attack against Victor Mambor is a serious matter, because it is categorised as a special criminal offense regulated under the Anti-Terrorism Law and the Law on Firearms and Ammunition Owners.
“The police must take it seriously, because it involves the safety of people and the general public”, he said.
The lack of seriousness by the police in handling the case through to the issuance of the SP3, he continued, was repeated by Judge Talapatty in rejecting the pretrial motion without considering the documentary evidence and witnesses that were presented by the plaintiff.
Under the criminal law process, the party authorised to conduct investigations and criminal investigations, to find evidence in a crime is the police, who are given a mandate under the Police Law and the Criminal Procedural Code (KUHAP), not the victim or person who reports a crime, the victim’s family or third parties such as non-government organisations (NGOs).
“It’s very strange if the burden of proof is placed on the victim or reporter [of the crime]”, said Kawer.
According to Kawer, the pretrial ruling will clearly set a bad precedent for solving cases of terror against journalists, never mind with a Molotov bomb attack which had a serious impact on the victim and the general public.
The attack was carried out in the city of Jayapura, an area which in terms of uncovering the case should be very easy to do if the police work “supernaturally”.
“This case is certainly a mystery for senior journalists Victor Mambor who is the victim and the general public, how are these cases going to be uncovered if the police and judges treat it as ‘trivial’? The general public and press people, of course need police and judges ‘who work supernaturally’ so that in the future terror bombs like this can be uncovered”, he said.
[Translated by James Balowski. Abridged slightly due to repetition. The original title of the article was “Praperadilan SP3 Ditolak, PAHAM Papua: Ini Perkara Serius”.]
One of the school rooms that was burned in Okbab – Jubi/Dok Warga
Jayapura, Jubi – The West Papua National Liberation Army (TPNPB) from the XXXV Bintang Timur Regional Defense Command (Kodap), Pegunungan Bintang, has reportedly burned down the Okbab Junior High School and Senior High School buildings as well as teachers’ housing in Okbab District, Pegunungan Bintang Regency, Papua Pegunungan Province, on Saturday (13/7/2024).
TPNPB spokesperson, Sebby Sambom, confirmed that the KOMNAS TPNPB headquarters had received an official report from the TPNPB Commander of Kodap XXXV Bintang Timur, Brigadier General Ananias Ati Mimin, and his troops. They conveyed this information on Sunday (14/7/2024) that all junior high school, senior high school buildings, and teachers’ housing in Borban Village, Okbab District, Pegunungan Bintang Regency, had been burned down on Saturday, July 13, 2024.
“TPNPB Kodap XXXV Bintang Timur has announced to the President of Indonesia since December 5, 2021 that they will burn down all school buildings in our operational area,” said Sambom.
Sebby Sambom stated that the Indonesian version of education in Papua is destroying the cultural, historical, and ideological values of the Papuan people who fought for independence from Indonesia. According to him, students are forced to memorize the Constitution of the Republic of Indonesia and Indonesian heroes, which he considers an attempt to make the young generation of Papua stupid.
“It’s time for schools to be burned, government buildings to be burned. It’s time for Papuans to think about fighting for Papuan independence. Later, after independence, we will build better schools, hospitals, and government buildings in West Papua,” he said
Smoke was seen rising from the junior high and high school buildings and teachers’ housing in Borban village, Okbab district, Pegunungan Bintang regency, Papua Pegunungan province on Saturday (13/7/2024). Jubi/Doc Warga.
Sambom also appealed to all students and college students throughout Indonesia to return to Papua and fight for Papuan independence. He added that after independence, all students and college students will be sent abroad to pursue better education using Papua’s own state funds.
Meanwhile, the Head of the Cartenz 2024 Peace Operation, Brigadier General Faizal Ramadhani, confirmed that the Armed Group had acted up again by burning down a school building and an elementary school office in Borban Village, Okbab District, Pegunungan Bintang Regency, on Friday (12/7/2024).
“We deeply regret this incident. This action not only harms children and teachers, but also damages the future of our young generation,” he said.
Brigadier General Faizal emphasized that the burning of this school was an extraordinary crime that must be dealt with firmly. Security forces will continue to make maximum efforts to arrest and punish the perpetrators of this crime.
In line with this statement, the Head of the Public Relations Task Force for the Cartenz-2024 Peace Operation, Senior Commissioner Bayu Suseno also strongly condemned the actions of the Armed Group. He stated that the burning of schools by the KKB was very inhumane and could not be tolerated.
“We will tighten security in conflict-prone areas and try to provide a sense of security to the community. We will not allow such heinous acts to destroy the enthusiasm of Papuan children to learn,” he said.
The burning of schools by the TPNPB adds to the long list of violence carried out by the group, which continues to disturb the community and disrupt security stability in Papua. The government and security forces continue to strive to overcome this security disturbance and restore conditions in the affected areas so that the community can return to their activities in peace.
“The community is expected to remain vigilant and report any suspicious activity to the authorities,” said Senior Commissioner Bayu Suseno.
One of the residents of Okbab District who witnessed the incident in Borban Village reported that the fire at the Okbab Junior High School and Senior High School buildings and the teachers’ housing was allegedly carried out by the TPNPB Kodap XXXV Bintang Timur group at 10:15 a.m. Papua time. This incident resulted in seven junior high school classes, six teachers’ houses, and three rooms at the Okbab Senior High School burning down.
“It is true that the junior high school, senior high school, and teachers’ housing burned down. “In SMA Negeri 1 Okbab there were 3 classrooms, the SMA Negeri Okbab office, 4 buildings burned down, textbooks burned down, and various other important documents,” said the resident when confirmed by Jubi. (*)
Children of Kago village participating in the “Smart Papua” study activity organized by officers of the Indonesian Armed Forces (TNI’s) Raider Infantry Battalion 323/Buaya Putih Kostrad task force stationed at the Koper Post in Puncak District, Central Papua, Saturday (July 13, 2024). ANTARA/HO-Koops Habema/nbl.
July 14, 2024 18:40 GMT+700 Bandung, West Java (ANTARA) – The Indonesian Armed Forces (TNI) has organized a “Smart Papua” study activity for primary school children of Kago village, in Puncak District, Central Papua while maintaining security in the region.
The community service was organized by officers of the TNI’s Raider Infantry Battalion 323/Buaya Putih Kostrad task force, operating under the command of the Habema Operational Command, stationed at the Koper Post in the village.
“The initiative of the 323 Task Force to organize the Smart Papua program at Koper Post reflects TNI’s commitment to providing basic needs, primarily education service for school-age children, to accelerate the development in Papua,” TNI’s Habema operational commander, Brigadier General Lucky Avianto, said in a press statement issued on Sunday.
Koper Post commander, First Lieutenant Anggun, personally invited primary school children in Kago village to take part in the activity organized by his unit on Saturday (July 13).
He noted the local children’s enthusiasm to flock to the activity, which he felt thankful for.
Apart from teaching school lessons, the TNI officers also taught children about respecting parents and their peers, as well as reminding them about the importance of ethics in a community.
Meanwhile, a local student, Lukas Tinal said he is happy to attend the learning activity by the TNI. “Thank you, ‘Uncle Soldier’. We enjoyed studying at the Kostrad 323 post. God bless you,” he remarked.
TNI’s humane approach in Papua is consistent with Presidential Instruction No. 9 of 2020 on the Acceleration of Welfare Development in Papua, which mandates the military to engage with local figures and strategic groups to promote regional development.
It also aligns with the soft power strategy devised by TNI commander General Agus Subiyanto to address Papua issues.
Habema Operational Command, a joint military-police task force, was set up earlier this year to optimize joint security operations in Papua to prevent local conflicts and neutralize the threat posed by armed Papuan groups, especially the Free Papua Movement (OPM).
The Asian Human Rights Commission (AHRC) supports Indonesian civil society organisations to promote the eradication of torture. The organisations consist of the Sekretariat RFP (Aliansi Masyarakat Sipil untuk Reformasi Kepolisian), the LBH Masyarakat (LBHM), the Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI) and the Komisi untuk Orang Hilang dan Korban Tindak Kekerasan (KontraS).
June 26 is an important moment for the international community to commemorate the United Nations International Day in Support of Victims of Torture. This warning began with the formation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture [CAT]) which came into force on 26 June 1987 for all Member Countries. The enactment of the CAT is the main instrument in the struggle to prevent the practice of torture and to respect human dignity.
Indonesia is one of the Member States that has ratified the CAT through Law Number 5 of 1998, exactly 25 years ago on 28 September 1998. However, the practice of torture and cruel punishments still occurs in the law enforcement cycle in Indonesia. Based on the findings of the YLBHI and LBH Jakarta, from 2013-2022, there were at least 58 victims of torture by members of the Police, 25 of whom were victims of wrongful arrest or wrongful conviction and six who were children. From these findings, all the actors or perpetrators were members of the Police. In 2022-2023, the YLBHI and LBH recorded 46 cases of torture with a total of 294 victims. Meanwhile, during 2020-2023, there were 24 victims of extrajudicial killings in detention handled by the legal aid offices. These extrajudicial killings all occurred by means of torture, most of which were carried out by members of the Police.
Apart from that, from the documentation carried out by the LBHM in three Detention Centres (Rutan) in the DKI Jakarta area in the January-May 2024 period, there were 35 (three women and 32 men) out of a total of 204 detainees who admitted to being tortured. As many as 15 of the 35 detainees who admitted to having experienced torture were suspected of being involved in narcotics cases, and the remaining 20 were suspected of committing general crimes (as regulated in the Criminal Code). The torture cases occurred during the Police investigation stage. This data is a small part of the darkness of the criminal justice system, especially at the Police level, which has minimal supervision and intervention from the civil society.
Meanwhile, the Commission for the Disappeared and Victims of Violence (KontraS) throughout the June 2023 – May 2024 period also documented 60 cases of torture and cruel punishment related practices spread across Indonesia. During this period, KontraS again noted that the Police was an institution that was consistently the dominant actor in various cases of torture which occurred with 40 cases, followed by the Indonesian National Army (Army, Navy and Air Force) with 14 events; and the Warden or Correctional Institution Officer with six cases. The increasing number of torture cases based on KontraS monitoring data from the previous year (2023) shows that the culture of violence in various State institutions is still a problem that must be resolved thoroughly. This ongoing practice is caused by the absence of an adequate legal system and legal culture to prevent and eliminate all forms of torture related practices.
The Government’s steps in ratifying the CAT were not accompanied by the establishment of more rigid regulations at the national level. In fact, to date, Indonesia has not yet ratified the Optional Protocol to the CAT which actually shows the Government’s compromised attitude and disregard for the act of torture itself.
On the other hand, it took more than 20 years to accommodate acts of torture as a criminal offense in Law Number 1 of 2023 concerning the Criminal Code (New Criminal Code).
Articles 529 and 530 actually contain elements of acts of torture that are almost similar to the CAT. However, the threat of punishment given to officials who commit acts of torture is not rational enough. Article 529 carries a maximum prison sentence of four years, while Article 530 is a maximum of seven years. This is very different when compared to criminal acts of abuse – where acts are carried out by ordinary civilians – with variations in prison sentences from six months to 15 years, and can even be made worse by qualifying certain actions (Articles 466 to 471 of the New Criminal Code).
Apart from that, there are also many other power related practices that are equivalent to torture but may be excluded from these torture related Articles. One example is the death penalty which is part of a type of punishment that degrades human dignity. Based on data from the Institute for Criminal Justice Reform (ICJR), as of 19 October 2023, there were at least 509 people on death row in Indonesia. The majority of the cases on death row were for narcotics, namely 351 people (69%). Apart from being a type of punishment that demeans human dignity, the waiting line phenomenon is also a form of torture that causes great psychological suffering because they continue to live in endless terror over the threat of death which could occur at any time.
Regulations in Indonesia still have a number of problems in the formal or procedural legal aspects of the criminal justice system, especially at the Police level. The freedom to carry out detention for 60 days opens up room for torture. A new torture test mechanism can be proposed after coercive measures are taken when someone has the status of a suspect or defendant. As the starting point for the operation of the criminal justice system, the Police actually has enormous authority without optimal supervision. Internal and external monitoring institutions (Propam and the National Police Commission [Kompolnas]) often become tools of impunity for perpetrators of precision related jargon.
This condition is exacerbated by the discourse to revise Law Number 2 of 2002 concerning the Police of the Republic of Indonesia (RUU Polri), the substance of which actually expands the authority of the Police in invading human rights without clear control and supervision. Torture and cruel punishment should not be underestimated. The Government needs to take serious steps to prevent repeated acts of torture and create a law enforcement climate that relies on human rights based principles.
Based on the above, we encourage the Government and the law enforcement officials to:
The Government and the House of Representative (DPR RI) must immediately ratify the Optional Protocol to the CAT;
The Government and the DPR RI must immediately revise or amend the Criminal Procedure Code, specifically regarding control and testing mechanisms for the authority of law enforcement officials, as well as for the reparation for victims of acts of torture;
The Government and the DPR RI must immediately stop discussing the National Police Bill which threatens democracy and human rights. The revision of the Police Law of the Republic of Indonesia should be carried out comprehensively, not carried out behind closed doors and ignoring the meaningful participation of citizens. The Bill needs to be directed at institutional and system reform that ensures that the National Police becomes a professional, transparent and accountable institution through a humanist approach, rather than strengthening the character of militarism with large powers of repression but without supervision;
In order to effectively prevent the practice of torture, institutions that are the dominant perpetrators, such as the National Police, the National Military (TNI), correctional institutions and prison guards, must improve and develop preventive and anticipatory steps in order to reduce the number of torture cases in their respective institutions. These various institutions can build intensive collaboration with various external supervisory institutions to encourage public accountability;
There must be an improvement in the supervision and law enforcement system that is impartial, transparent and fair to perpetrators of torture, whether in the National Police, the TNI, correctional institutions or other institutions so that there is no impunity for the perpetrators and the practice of torture does not continue to be repeated.
# # #
The Asian Human Rights Commission (AHRC) works towards the radical rethinking and fundamental redesigning of justice institutions in order to protect and promote human rights in Asia. Established in 1984, the Hong Kong based organisation is a Laureate of the Right Livelihood Award, 2014.
Jayapura, Papua (ANTARA) – The Government of Papua Province asked seven districts in the province to immediately implement the open defecation free program to reach the target of 100 percent elimination by the end of 2024.
“The seven districts are Jayapura, Keerom, Sarmi, Waropen, Yapen Islands, Mamberamo Raya, and Supiori,” Papua Governor’s Expert Staff for Community and Human Development Daniel R Senis said here on Sunday.
According to him, the only regions in Papua that have reached 100 percent elimination of open defecation are Biak Numfor District and Jayapura City.
“Open defecation cannot be taken lightly because it is a serious problem that has a detrimental impact on the environment, and has the potential to transmit disease germs such as diarrhea, typhoid, dysentery, and cholera,” he said.
He explained that children who frequently have those diseases will have their growth and development disrupted and ultimately this can result in stunting and even death.
“For that reason, we are encouraging the seven districts to immediately reach the target of 100 percent open defecation elimination in villages because this is in line with the mandate of sustainable development goals,” Senis said.
Meanwhile, UNICEF Indonesia’s Chief Field Office of Papua Aminuddin Ramdan stated that his office will continue to support the government in promoting the importance of good sanitation in villages to handle stunting.
Stunting reduction is a priority program of the Indonesian government, which is seeking to bring down stunting prevalence to 14 percent this year.
“Sanitation also has many relations with other diseases such as polio, whose transmission occurs through feces,” he said.
He noted that based on data, there are 500 villages in Papua that are not yet free from open defecation.
Doctors and medical personnel at work in the respiratory disease department, which treats patients suffering from illnesses caused by air pollution, at Persahabatan Hospital in Jakarta, Aug. 24, 2023.
Australia West Papua Association Adelaide 