Jayapura, Jubi – The Constitutional Court (MK) held a judicial review session of the Criminal Code related to the phrase “makar” (treason) for two applications, namely Number 7 / PUU-XV / 2017 and Number 28 / PUU-XIV / 2017, Monday (July 24). The agenda of the trial of both cases is to hear the expert statement from the Petitioner and the House of Representatives.
I Ngurah Suryawan, a scholar in cultural anthropology as the expert presented by the Petitioner called the Government failed to catch what has really happened in Papua. It is related to the cultural expression that society runs there.
“When they conducted cultural attractions, the treason article is even imposed,” he explained in a session led by Chairman of the Court, Arief Hidayat.
The anthropologist of Papua State University (Unipa) exemplifies some misperceptions in understanding of Papuan culture. For example, when the a man from Dani tribe painting his body with a variety of colors is considered weird, but that is limited to cultural expression. It sometimes invites the apparatus to conduct forced dissolution.
The government, he said, should try to learn more about Papuan culture to avoid misunderstanding. In addition, also to create a synergistic relationship with the people of Papua. For him the approach should be conducted not only politically. Therefore, the urgency to solve the problems in Papua is through culture.
“So do not be penalized. This can kill and curb the cultural expression of Papuan society, ” he asserted.
Himself exemplifies a unique aspect of Papuan culture. For example, the tradition of mop that form a kind of standup comedy today. Its content is to critique the problems of life in a satire and humorous way.
Meanwhile, the Petitioner’s witness Yudi Pratama told his experience when he was a member of Fajar Nusantara Movement (Gafatar). According to him, his social life becomes chaotic since then because of stigma he got from the people. “We have material, psychological, and freedom losses,” he explained.
Yudi told their group was forcibly expelled from Borneo as known as a member of Gafatar. In addition, his friend also got unpleasant events when he has to make a statement letter of ‘decent behaviour’ from the police. “My friend was written involved in a criminal act. In fact, the verdict related Gafatar court at that time has not been decided,” he said.
Meanwhile, other expert Petitioner Made Darma Weda put forward questioned related to the definition of treason which does not yet exist in the Criminal Code. Ideally the plot should be defined in the form of clearer behavior.
This is to distinguish the crime of treason with other criminal acts. “All this time, the reference is to article 87 of the Criminal Code. But there is no definition what treason is,” explained the Graduate Lecturer of Law Program University of Krisnadwipayana.
The House of Representatives Commission III member of Golkar faction Adies Kadir called the effort to overthrow the Government not always manifested in the act of arming or acts of violence. The overthrow may also be carried out by incitement.
“This means that the provision is a preventive measure to protect the country. Treason in the context is widely interpreted,” he said.
Petitioner of the case Number 28 / PUU-XV / 2017 is Hans Wilson Wader, Meki Elosak, Jemi Yermias Kapanai, and Father John Jonga, and Yayasan Satu Keadilan and the Kingmi Church in Papua. They examined Article 104, as well as Articles 106 through Article 110 of the Criminal Code.
According to him, the regulation governing the mockery is used by the Government to criminalize the Petitioners and has impaired the constitutional rights of the Petitioners as citizens.
The case Number 7 / PUU-XV / 2017 was filed by the NGO Institute for Criminal Justice Reform (ICJR). They examined Article 87, Article 104, Article 106, Article 107, Article 139a, Article 139b, and Article 140 of the Criminal Code. They see no clear definition of the word ‘Aanslag’ which is defined as makar/treason.
Though ‘makar’ comes from the Arabic word, while ‘aanslag’ more precisely interpreted as an attack. This according to them has obscures the basic meaning of the word aanslag. (*)
*This article is reissued and translated from the website of the Constitutional Court of the Republic of Indonesia
JDP: Government must arrange the customary-based dialogue in Papua
Jayapura, Jubi – A dialogue on Papua should represent the people of Papua, Father Jhon Bunay Pr, the Coordinator for Papua Peace Networks (JDP), told reporters in a press conference held in Jayapura on 7 September 2019.
“The dialogue should conduct in seven Papuan territories, namely Mamta, Anim Ha, Lapago, Meepago, Saireri, Domberai and Bomberai and involve each representative of the central government, military and police, liberation army, Papuans living in Papua, Papuans domicile outside of Papua, other residents of Papua, investors and mass media,” he said.
Furthermore, he emphasises that the involvement of indigenous representatives in the dialogue is crucial. He hopes the government does not initiate the discussion with Papuans from outside of Papua because it could make problems difficult to solve.
“We are the same. We are brothers, no suspicion. There shouldn’t be the police or military’s spies or those who have no concern come in this dialogue. It’s important to ensure that everyone is free to express their feeling and thought, and we’ll find a solution together,” he said.
He also reminds the government to not organising the dialogue in the form of a seminar. It would not work in terms of producing a satisfactory result for everyone. “We will never find a real solution (through seminar); the result is null. Instead, we must invite local peoples to speak,” he said.
Moreover, he says the dialogue between Jakarta and Papua would never happen due to the high suspicions amongst stakeholders. “Perhaps we are too suspicious of each other. Talking about Papua’s issues should not be done with another approach, because the dialogue is the best approach,” he said.
Therefore, he said the relevant stakeholders must sit together to recover painful and bitter memories during the long conflict that occurred in Papua, including to put suspicious away.
“We must do reconciliation in the seven Papuan territories with involving all relevant stakeholders in Papua. Meanwhile, other components such as military and police, liberation army, Papuans from inside and outside of Papua, other residents of Papua, and mass media must attend (and involved in the process of) in the reconciliation,” he said.
Therefore, the process of reconciliation will turn out to be a transformation point for Papua to plan the best future for Papua. He also reminds that instead of discussing Papua in or inside Indonesia, it is more important to talk about the indigenous rights in Papua, and the welfare of all indigenous Papuans.
“I believe that the dialogue will solve all the problems from the past. Using guns, arresting and putting people in jail would not solve the problem. Instead, it makes it worse,” he says.
Meanwhile, JDP Deputy Daniel Randongkir said authorities must prioritise the principles of human rights and justice. “Once again, for JDP, the dialogue is the only way to solve the problem in Papua with rights and pure. Therefore it can be solved on behalf of justice and dignity,” he said. (*)
Reporter: Hengky Yeimo
Editor: Pipit Maizier
ULMWP: Military and mass organisation in Surabaya are responsible for demonstration waves in Papua
Jayapura, Jubi – Buchtar Tabuni, the Chairman of Legislative Committee of the United Liberation Movement for West Papua (ULMWP), declined that ULMWP was behind the mass protests and rampages in Papua. Instead, he accused the Indonesian military, and local mob committed in persecution and racism against Papuan students in Surabaya are responsible for these incidents.
“Those who should be responsible for these protests and rampages in Papua are soldiers, police officers, municipal police officers and the local mob in Surabaya. Those who attacked Papuan students and called them ‘monkeys’ have triggered demonstrations occurred in Papua,” he told Jubi on Sunday (8/9/2019) in Waena, Jayapura.
He further said that for the couple last weeks, the Indonesian Government has attempted to build a discourse to put the ULMWP as the actor behind the anti-racism movements in Papua. “The Indonesian government is panic, terrifying in addressing the issue of free Papua that currently becomes a headline in the rest of the world thanks to the South Pacific countries,” he said.
He also said the way military and police in addressing the outrage speared amongst Papuans is not right. Instead of acting promptly, the government denied the persecution and racism against Papuan students in Surabaya. They even deployed more soldiers to Papua. “ULMWP considers the current situation is similar to what had happened in Timor Lester ahead to their independence,” he said.
Moreover, Tabuni stated the struggle for a referendum is open for everyone in Papua, including the migrants. He said the migrants have two options to response the growing demand of referendum amongst Papuans. “First, if they want to stay, they must declare their support to referendum for West Papua, just like indigenous Papuans did. Second, if they want to return to their hometowns, they must go nicely, like Papuans student currently did,” he said.
Separately, Victor Yeimo, the Spokesperson of the West Papua National Committee (KNPB), said Papuan people are not ‘animals’. They are not easy to provoke by the ULMWP, KNPB, Veronika Koman or Benny Wenda. People go to the street because they want to fight against colonialism.
“The Indonesian Government still perceive Papuans as sub-human (half-animal) who easy to provoke. Up to now they always blame on particular organisations or certain people as the actors. Just asks Papuans whether they go to the street because of being provoked by KNPB? Veronica Koman? Benny Wenda? The answer is not,” he said. (*)
Reporter: Hengky Yeimo
Editor: Pipit Maizier
Deputy Regent confirms eight civilians killed in the shooting incident at Deiyai Regent Office
Nabire, Jubi – Deiyai Deputy Regent Hengky Pigai said the local government continue to update data on victims during the anti-racism protest on Wednesday (28/08/2019) at Deiyai Regent Office.
“Eight civilians were killed in the incident, while 16 injured people are in the Paniai Public Hospital in Madi for treatment. However, some victims have not found yet. So, this is a temporary finding,” Pigai told Jubi journalist Zely Ariane via telephone from Waghete on Friday.
Despite the number of victims, Pigai declined to specify the names of the victims. However, he asserted that the local government still would continue to verify the data of other victims because some protesters escaped to the jungle when the incident occurred.
Meanwhile, the Chairman of the Ministry of Justice and Peace of the Synod of Kingmi Church in Papua Yones Douw said the church had identified seven victims killed in the incident. Moreover, Douw, who also known as a human right activist, said they also get information about a victim died in the Panian Public Hospital in Madi. However, his identity remains not verified yet.
Among the victims, there are three of them died in the hospital. “The are Alpius Pigai, 20 years old, Pilemon Waine, 28 years old, and Aminadab Potuki, 24 years old. We can verify their identities because their bodies are now with the families,” said Douw.
Meanwhile, four people died at the scene already taken by their families without taking to the hospital. “They are Derikson Adii, 21 years old, Hans Ukago, 26 years old, Marinus Ikomouw, 37 years old, and Yemii Douw, 29 years old,” told Yones Douw by phone to Jubi reporter from Nabire on Saturday.
Concerning the recent update on another victim died in the hospital, Douw said he could not confirm it yet. “So we still adhere to our latest verification that so far the number of dead is seven,” he said.
Meanwhile, Father Santon Tegeke Pr from Timika Diocese in Deiyai Regency told that the diocese had received information about eight civilians killed at Deiyai Regent Office. However, he admitted difficulties to verify the data on the dead victims because the Paniai Public Hospital in Madi kept the information on both dead and injured people.
“We received the information that eight people killed in the incident, but no detail information about their names and age. I came to meet the hospital management in Madi, but they refused to provide data of the victims, either dead or injured. The number of victims might increase because locals reported some protesters fled to the jungle. However, they cannot check their condition because the security forces are still at the scene,” Father Santo told Zely Ariane by phone on Saturday.
Moreover, Deiyai Regent Ateng Edoway invited him and other local community leaders on Friday. “The regent already received the name of victims who died at the Paniai Public Hospital from the hospital director. However, he said we could not announce their names at the moment,” said Father Santon. (*)
Reporter: Zely Ariane/Hengky Yeimo
Editor: Pipit Maizier
Most Read Posts
- JDP: Government must arrange the customary-based dialogue in Papua 12 September 2019
- ULMWP: Military and mass organisation in Surabaya are responsible for demonstration waves in Papua 12 September 2019
- Deputy Regent confirms eight civilians killed in the shooting incident at Deiyai Regent Office 6 September 2019
- Indonesian president promises action over racial epithets against Papuans 27 August 2019
- Jakarta imposes internet blackout in Papua as violent protests spread 27 August 2019
- Tanggapi Menkopolhukam, Gubernur Papua : Papua ini ada pemerintah daerahnya! 14 September 2019
- Veronica Koman: Kepolisian salahgunakan wewenang 14 September 2019
- Pemkab Manokwari meminta mahasiswa tak pulang 14 September 2019
- Hadapai Persela, laga Persipura kali ini berasa tandang 14 September 2019
- KONI Nabire akan gelar kejuaraan olahraga Daerah 14 September 2019
- Filep Karma: Kultur Indonesia dan Papua itu berbeda 13 September 2019
- Kapolda Papua: Forkopimda harus cepat atasi eksodus mahasiswa 13 September 2019
- Filep Karma: Saya dukung mahasiswa pulang ke Papua 13 September 2019
Headlines8 months ago
Three refugees reportedly died in Nduga Forest
Headlines9 months ago
Papuan people demand the President to withdraw troops from Nduga
Human Right5 months ago
32,000 people flee violence in Papua – rights group
Health & Education Service5 years ago
Sex Education Taught at School In Jayawijaya
Headlines6 months ago
Indonesian Military: Papuan Rebels Mount Deadly Attack on Soldiers
Headlines11 months ago
When a dense forest turns into an oil palm plantation
Economy11 months ago
Freeport Indonesia disregards Papua Manpower Office’s Decree
Headlines11 months ago
Civilians are allegedly among casualties in Tingginambut gunfire