Paniai Papua's Serious Human Rights Violation Case Will Soon Be Tried

Kapuspenkum Attorney General's Office Ketut Sumedana/DOK AGO

JAKARTA - The case of gross human rights violations in Paniai in 2014 with the suspect IS immediately tried after investigators of the Directorate of Serious Human Rights Violations of the Deputy Attorney General for Special Crimes at the Attorney General's Office handed over the suspect and evidence of the case.

"Investigators handed over the responsibility of the suspect as well as the evidence to the Public Prosecutor of the Directorate of Serious Human Rights Violations Jampidsus. Phase II was held virtually (Zoom meeting) at 09.00 WIB this morning," said the Head of the Attorney General's Office for Legal Information (Kapuspenkum) Ketut Sumedana in a written statement quoted by Antara, Tuesday, May 24.

With the delegation of phase II, investigators immediately compiled an indictment and transferred the case file to the Human Rights Court at the Makassar District Court.

Ketut explained that during the delegation, the IS suspect was accompanied by his legal adviser at the Biak Numfor District Attorney's Office, while the examination of evidence was carried out at the Jampidsus Roundabout (Young Attorney General for Special Crimes).

The IS suspect is suspected of violating, first; Article 42 Paragraph (1) letters a and b Jis Article 7 letter b, Article 9 letter a, Article 37 of Law Number 26 of 2000 concerning the Court of Human Rights, and secondly; Article 42 Paragraph (1) letters a and b Jis Article 7 letter b, Article 9 letter h, Article 40 of Law Number 26 of 2000 concerning the Court of Human Rights.

"Furthermore, the Public Prosecutor immediately drew up an indictment and transferred the a quo case files to the Human Rights Court at the Makassar District Court," said Ketut.

In this case, the Attorney General has formed a Public Prosecution Team to resolve cases of gross human rights violations in Paniai, Papua Province in 2014 based on the Decree of the Attorney General of the Republic of Indonesia Number 147 of 2022 dated May 23, 2022, and the Order of the Attorney General of the Republic of Indonesia Number: PRIN -41/A/Fh.2/05/2022 dated 23 May 2022, 34 public prosecutors have been appointed consisting of the Attorney General's Office, the Papua High Prosecutor's Office, and the Makassar District Attorney.

In accordance with Article 45 paragraph (2) letter c of Law Number 26 of 2000 concerning Human Rights Court in conjunction with Article 2 paragraph (4) of Presidential Decree Number 2001 concerning the Establishment of a Human Rights Court, and that based on the provisions of Article 24 of Law Number 26 of 2000 concerning the Court of Human Rights which basically explains that the Public Prosecutor is obliged to submit the case file no later than 70 (seventy) days from the date of receipt of the investigation.

The suspect with the initials IS, is a retired TNI. In 2014, when the Paniai incident occurred, the suspect was a liaison officer at the Kodim in Paniai.

"(IS) is a retired TNI officer. He is a liaison officer at the Kodim in Paniai," said the Attorney General's Office Jampidsus, Febrie Adriansyah, when confirmed in Jakarta, Saturday (2/4).

Incidents of gross human rights violations that occur due to the absence of effective control from military commanders who are de jure and/or de facto under their power and control, and do not prevent or stop the actions of their troops and also do not hand over the perpetrators to the competent authorities for investigation. , investigation and prosecution, as referred to in Article 42 paragraph (1) of Law Number 26 of 2000 concerning the Human Rights Court.

The Paniai incident occurred on December 8, 2014 when civilians were protesting about the beating of the TNI officers against youths at Karel Gobai Square, Enarotali, Paniai. The incident resulted in fatalities, namely four people died and 21 people were injured.

The Paniai incident is one of 13 cases of gross human rights violations that have been investigated by Komnas HAM.