The Fog Of Human Rights Violations Of The Police In The Unlawfull Killing Case

Police Headquarters (Angga Nugraha / VOI)

JAKARTA - The Indonesian Police are in the public spotlight because they are considered to have violated human rights in taking action, one of which is related to the murder and mistreatment of 6 members of the Islamic Defenders Front (FPI) Laskar.

The head of the National Human Rights Commission (Komnas HAM), Ahmad Taufan Damanik, said that the Indonesian National Police was the institution most complained about regarding alleged human rights violations (HAM).

Komnas HAM noted that 1,992 public complaints were submitted to Komnas HAM during the period 2016 to 2020. These complaints include the slow handling of cases, criminalization, torture, and legal processes that are not in accordance with procedures.

"The police are the highest party because there are cases and those who are accused of violating human rights. However, Polri's handling is not correct, ”said Ahmad Taufan at the DPR RI Commission III Hearing Meeting (RDP) at the Parliament Complex, Jakarta, Tuesday, April 6.

However, Ahmad said the Indonesian National Police was the most responsive institution when Komnas HAM asked for an explanation of the alleged human rights violation.

"For example in the Herman case in East Kalimantan, the Kapolda came directly to Komnas HAM to explain and the perpetrators were subject to not only ethics but also law enforcement," he said.

According to him, Komnas HAM's note needs special attention from the National Police so that it can regain people's trust in upholding human rights.

Case KM 50

The case of the unlawful killing of 6 members of the Islamic Defenders Front (FPI) Laskar at the Cikampek KM 50 toll road on December 7, 2020, is still a mystery.

On January 8, 2021, Komnas HAM has reported the results of an investigation, which concluded that the shooting was a human rights violation.

According to Komnas HAM Commissioner, Mohammad Choirul Anam, the shooting of 6 laskar was an unlawful killing because it was carried out without any effort to prevent the victim from falling by the police.

The National Police Criminal Investigation Unit raised the status of the unlawful killing case from investigation to investigation on Wednesday, March 10.

Since then, 3 members of Polda Metro Jaya are still being reported on the murder and maltreatment of 6 members of the FPI laskar which took place on 6-7 December 2020 at KM 50 of the Jakarta-Cikampek Toll Road.

The 3 members of Polda Metro Jaya have been released for investigation purposes. The three of them were subject to Article 338 in conjunction with Article 351 of the Criminal Code concerning murder and maltreatment.

Of the 3 policemen, one of them, Ipda Elwira Priyadi Zendrato, reportedly died on January 4, 2021, a day after experiencing a single accident on January 3, 2021.

However, news of his death was only delivered by the police on March 26, 2021, in the middle of the investigation process of the unlawful killing of 6 members of the FPI Laskar.

According to the Head of the Public Information Bureau (Karopenmas) of the National Police's Public Relations Division Brigadier General Rusdi Hartono, Ipda Elwira Priyadi Zendrato had a single accident on Jalan Bukit Jaya, Setu District, South Tangerang City, Banten, at around 23.45 WIB.

At that time, said Rusdi, Ipda Elwira was riding a Honda Scoopy type motorcycle. Ipda Elwira was declared dead the day after the accident.

"Then on January 4, 2021 at around 12.55 WIB, the person concerned (Ipda Elwira) was declared dead," said Rusdi.

In the death certificate shown by Rusdi, the police officer was named Elwira Priyadi Zendrato, born May 9, 1983.

In his photo circulating on social media, Ipda Elwira is buried as a Christian.

Member of the National Human Rights Commission (Komnas HAM) M. Choirul Anam asked the Police to explain in detail the death of a member of the Police who was suspected of being the FPI Laskar shooter in cases of unlawful killings.

"We hope the police will explain in more detail to the public so they don't have any questions," said Choirul Anam at the DPR RI Commission III Hearing Meeting (RDP) at the Parliament Complex, Jakarta, Tuesday, April 6.

Choirul admitted that there were many questions from the public to Komnas HAM regarding the death of one suspected shooter of four FPI Laskar, Elwira Priyadi Zendrato. Whether, death is normal or not.

Because said Choirul, based on the Komnas HAM investigation, Elwira's death did not interfere with the construction of the shooting incident of four FPI soldiers at KM 50 of the Jakarta-Cikampek toll road in December 2020.

"Elwira's death, based on the Komnas HAM investigation, did not interfere with the construction of the incident. We have obtained all the information because we have examined it twice in depth," he said.

The results of the Komnas HAM investigation stated that there were two series of incidents behind the death of 6 FPI laskar. One of them is about the shooting that took place around KM 50 of the Cikampek Toll Road. At that time, as many as four FPI soldiers who were alive were later found dead.

The first series of questions about KM 50 and above. There were four members of the FPI laskar who were still alive under the control of state officials who were later found dead. So that the incident is a form of human rights violation.

Then, the shooting of four people at the same time without any other effort to avoid casualties indicated that there was an act of unlawful killing against the FPI laskar.

Choirul said Komnas HAM had reminded the police to work in an accountable manner. Then, this accountability needs to be reflected in law enforcement management, not issue management.

"Back and forth we remind you that," he said.

He gave an example of the issue management carried out by the National Police regarding the announcement of six FPI Laskar as suspects, even though they had died. Then two days later the stipulation was revoked.

"That is an example of issue management, not law enforcement. Then Elwira was suddenly announced dead. Even though the legal process was an examination as a witness, only then was the substance announced," he explained.

Komnas HAM, added Choirul, has even asked to schedule a meeting at Bareskrim regarding this case. However, until now it has not been scheduled because there are still working meetings.

"Several times we said, please management of law enforcement to be accountable so that in the public the process becomes a firm and better. That is what we always communicate to the director of general crimes. Because this takes too long we urge the process to run well," he said.

Bareskrim Polri appointed three members of Polda Metro Jaya as reported in the case of unlawful killing.

"3 people (members of Polda Metro). In the unlawful killing it means Polri members who brought 4 people (FPI laskar)," said the Director of General Crimes at Bareskrim Polri Brigadier General Andi Rian to VOI, Thursday, March 4.

The decision is based on the results of the investigation and based on the police report (LP) that was made last week. It's just not explained in detail about the report.

Bareskrim Polri used the articles of murder and maltreatment which resulted in death in the case of the unlawful killing of six Islamic Defenders Front (FPI) soldiers. In this case, Polda Metro Jaya appointed three members as reported.

"(Using) Article 338 jouncto 351 paragraph (3) of the Criminal Code," said Andi.

In the police report (LP) on this case, investigators will look for preliminary evidence. Until later, it will be upgraded to the investigation process to determine the suspect.

"About murder and persecution that resulted in death," he said.

For information, Article 338 of the Criminal Code reads "anyone who deliberately seizes the life of another person, is threatened with murder with a maximum imprisonment of fifteen years".

Meanwhile, Article 351 of the Criminal Code concerning persecution, which in paragraph (3) reads 'if it results in death, shall be punished with a maximum imprisonment of seven years'.

Although, he has named three members of Polda Metro Jaya as suspects in the unlawful killing case of the FPI paramilitary shooting, but they have not been detained.

Karo Penmas, Public Relations Division of the National Police, Brigadier General Rusdi Hartono, said the decision to detain was under the authority of the investigator. Of course, with subjective and objective reasons.

"Not (not yet detained). We are still seeing whether the suspect is detained, the investigators will continue to consider it. Investigators have subjective and objective considerations," Brigadier General Rusdi told reporters, Tuesday, April 6.

The initials for the two suspects in this case have not yet been disclosed. So far, only one suspect, EPZ, has been identified after he died from a single accident.

"Later (the initials of the two suspects) will be delivered," said Rusdi.