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Expert: The treason article has limit cultural expression in Papua

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A cultural expression of pro independence is often seen in peaceful demonstration of National Committee of West Papua (KNPB) such as this in Manokwari – IST

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.

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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

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HIV/AIDS transmission in Jayapura Regency claimed to decline

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Photo illustration of health services. – Pexels.com

Sentani, Jubi – Jayapura Health Office claims HIV/AIDS cases in Jayapura Regency has declined with only 3,202 cases occurred until last year.

“HIV/AIDS prevention is a complex issue. It would not only the responsibility of the health office, but all parties should contribute in educating the community,” said Pungut Sunarto, the Division Head of Disease Prevention and Management of the Jayapura Regional Health Office, on Tuesday (21/1/2020).

People living with HIV/AIDS in Jayapura Regency are mostly the productive age group ranging from 20-49 years old. There are also infants and children among patients.

“We are always updating the report on people living with HIV/AIDS [in our region]. If not, they would not be able to access the ARV,” said Pungut.

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He further said that the family plays a crucial role in preventing HIV/AIDS transmission. Similarly, he continued, life endurance among people living with HIV/AIDS depends on the support from their closest family.

“Those living with HIV/AIDS who regularly take their medicines (ARV) can reduce their medicine (ARV) can reduce the risk of virus transmission. So, please do not blame and stigmatise them,” said Pungut.

Meanwhile, a Sentani resident Edison Sineri agrees that parents have a significant role in preventing their children from behaviours that likely lead to the transmission of HIV/AIDS and other sexual diseases.

“Currently, young people are easily get involved in promiscuity that difficult to control by parents. It possibly leads them to negative behaviours.” (*)

 

Reporter: Yance Wenda

Editor: Pipit Maizier

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Lawyers question commitment over Papuan political prisoners’ right

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Three of seven Papuan political prisoners. – Jubi/Piter Lokon

Nabire, Jubi – The Papua Coalition for Law Enforcement and Human Rights urges the attorney general to fulfil the right of health for seven political prisoners detained in Balikpapan, Kalimantan Timur and consider it as a neglection of the prisoners’ rights.

“We release this statement after one of our clients experienced vomiting blood. He had an internal disease issue,” said the Coordinator Emanuel Gobay on Friday (24/1/2020).

The coalition team asks the Papuan Attorney General’s commitment to providing the right of health to the prisoners as previously promised. It never occurred. Indeed, the Attorney General has neglected their family’s right to visit.

“If the seven detainees were in Papua, of course, their family can come to visit and find an alternative for health treatment.

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Therefore, Gobay urges the Attorney General of Papua to recall the seven political prisoners to Jayapura. He said the security issue is no longer relevant as a reason to allocate their trial outside of Papua.

“It is unfair (for the seven detainees) referred that all the trial hearings of anti-racism case held in Papua. All those trials are going well and safe,” asserted Gobay.

Meanwhile, a coalition member Oktovianus Tabuni added that in principle the seven political prisoners are respecting their legal process. However, they want to have their trial in Papua.

“The principle of a trial is to have a timely and low-cost process. Do not let it (the trial) float up like what has been happening now,” said Tabuni. (*)

 

Reporter: Titus Ruban

Editor: Pipit Maizier

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Autonomy budget cut off, Jayawijaya Government reduce supplementary feeding budget

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Photo illustration of milk. -Pixabay.com

Wamena, Jubi – The Government of Jayawijaya Regency has reduced the number of schools to receive funding on the Supplementary Feeding Program (PMTAS). The reduction relates to the Special Autonomy Funds cut off for the PON (the National Games) 2020

Nurlili, an official at the Jayawijaya Village Community Empowerment Office (DPMK), said last year the program was running in five schools in Napua, Maima, Musaftaf, Wita Waya and Wadangku subdistricts.

“There allocate for only two schools this year because of the budget cut off for the PON. We depend on the Special Autonomy Funds for this program,” Nurlili said in Wamena on Tuesday (21/1/2020).

In 2020, the local government plans to implement the program in four sub-districts, namely Asolokobal, Wesaput, Muliama and Tagime. “But, Muliama and Tagime sub-districts are a bit far, so we decided to implement the program in the zone two, namely in SD YPPK Hepuba in Asolokobal Sub-district and SD Inpres Wesaput in Wesaput Subdistrict,” he said.

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The budget allocation for PMTAS Year 2020 reduced from IDR 857 million to IDR 468 million.

However, Nurlili hopes that in February they can conduct training for teachers and women at sub-districts and village levels on healthy food for children.

“At the end of the training, we will purchase some items that are not available in sub-districts and villages to deliver in March. They will be cooking food for the pupils, and we will monitor its implementation. There will be a payment for the cooks, but they should submit the report first,” he said.

In addition to food ingredients, the local government also provides cash for schools to purchase some food from the local markets to help the cash flow of villages and sub-districts.

“This program is very critical because President Jokowi has instructed us to decrease stunting among children. Therefore, we allocate the PMTAS for the primary school children because it is their growth period,” he said. (*)

 

Source: ANTARA

Editor: Pipit Maizier

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