Papua Legal Aid Institute
TNI AND POLRI USE A MILITARY APPROACH IN FACING A PERIOD OF PEACE ACTION REJECTING THE OTSUS Law IN JAYAPURA
In principle, demonstrations are guaranteed in Law No. 9/1998. These provisions include the mechanism for the expression of opinions and how the attitudes and actions of the security forces in guarding the implementation of independence in expressing opinions.
Despite the provisions, in practice the security apparatus, in this case the TNI-POLRI in Papua, tends to ignore their main duties in guarding independence in expressing opinions in public.
This fact was clearly seen in the peaceful action against the Papua Special Autonomy Law which was carried out by Papuan students on October 27, 2020, which was blocked by a combination of security forces from the TNI and Polri.
In practice, the joint military and police apparatus used a violent approach which resulted in a period of action where gunshot wounds were injured and there were also several periods of action where the eyes stung due to the shot of tear gas. Apart from that, there are also periods of detained action.
To note, approximately 13 people during the peaceful demonstration were arrested. The following are the names of periods of peaceful action that can be held at the Uncen Gate below:
- APNIEL DOO
- JHON F CASH
- DONI PEKEI
- YABET LIKAS DEGEI
- RISK THE CABAK
- ORGIS CABAK
- CARLES SIEP
- ONES SAME
- YANIAS MIRIN
- ARCHILAUS LOKON
- CHRISTIAN DEGEI
- HELUKAN INCOME
- AUSILIUS MAGAI
Meanwhile, there was one person during the action who was shot victim in the name of: MATIAS SUU.
In the context of TNI involvement in securing demonstrations, this is also a question in itself. In order for TNI involvement to be legal, the police must show a request for assistance from security personnel to the TNI, if the fact is that involvement was carried out without an application letter, it can be concluded that the presence of the TNI in the rejection of the Special Autonomy Law today is illegal.
On this basis, we conclude that the security apparatus, in this case the TNI-POLRI, have used the Anarchist Action Management Plan for the Rejection of the Special Autonomy Law which was carried out peacefully. Based on this conclusion, it can be stated that the TNI-POLRI violated the democratic rights of citizens, especially during the peaceful demonstration against the Special Autonomy Law which was guaranteed in Law Number 9 of 1998 concerning freedom to express opinions in public. Even through the fact that there were shooting victims, it clearly proved that the shooter had abused a firearm as prohibited in the Emergency Law Number 12 of 1951.
Based on the description above, we Papuan legal aid organizations emphasize to:
- The National Police Chief Cq Kapolda Papua to order his subordinates to respect the democratic rights of citizens guaranteed in Law Number 9 of 1998 in accordance with the direction of Perkap Number 8 of 2009 concerning the Implementation of Human Rights Standards and Principles in Police Duties;
- The Papua Police Chief immediately ordered the Jayapura Police Chief and the Abepura Police Chief to return the TNI and withdraw Polri troops from the scene of the action;
- The Papua Police Chief immediately ordered the Jayapura Police Chief and the Abepura Police Chief to release the 13 people who were arrested and being detained at the Abepura Police;
- Kapolda Papua Cq Kapolresta Jayapura Cq Kapolsek Abepura immediately arrested and processed security personnel who shot the shooters during the Action Period as a form of implementation of Emergency Law Number 12 of 1951 and the principle of equality before the law.
Thus this press release is made, hopefully it can be used properly.
Jayapura, 27 October 2020
Papua Legal Aid Institute
Emanuel Gobay, S.H., MH