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Lots misinterpretation on treason article, expert said

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Lawyer’s team at The Constitutional Court – MD facebook

Jayapura, Jubi – The Constitutional Court held a follow-up trial on judicial review of treason articles in the Criminal Code (KUHP). During the trial, the criminal law expert Andi Hamzah questioned the misinterpretation and misunderstanding of the article.

He argues, law enforcers in Indonesia do not understand the true meaning of the plot in Law Number 1 Year 1964 on the Criminal Code.

“The provisions on treason for crimes against state security have been mistaken or misrepresented, which will silence the people’s right to argue,” Andi said when testifying at the Court Building, in Jakarta, Tuesday (August 1).

The legal experts from Trisakti University this said, treason is attempted of murder of the state leadership, whether the execution is successful or not.

He also regretted the Government’s actions against people who are considered to commit treason.

“The misrepresentation of the plot is in question, treason is an effort to kill the president, try a coup d’etat,” he said.

Meanwhile, Vice Chairman of the National Commission on Human Rights Roichatul Aswidah said, the article that regulates the act of treason many targeted political expression.

“In the ICJR (Institute for Criminal Justice Reform) study, several cases related to peaceful political expression are charged with the treason,” Roichatul was quoted as saying in Antara in a hearing in June.

The petitioner of article 28 / PUU-XV / 2017 is Hans Wilson Wader, Meki Elosak, Jemi Yermias Kapanai, and Pastor John Jonga, and Satu Keadilan Foundation and the Gospel of the Gospel Church in Papua.

They examined Article 104, as well as Articles 106 through Article 110 of the Criminal Code. According to him, the regulation is used by the Government to criminalize the Petitioners and has impaired the constitutional rights of the Petitioners as citizens. (*)

 

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Law and Crime

Abusers against Jubi journalists will be prosecuted

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Meeting of Papua Police Chief Inspector General Boy Rafli Amar and Jubi editorial team, Abeth and the representatives of the Alliance of Independent Journalists of Jayapura City – Jubi / Yuliana Lantipo

Jayapura, Jubi – Two police officers of Nabire Police, who mistreated Jubi journalist Abraham Amoye You while covering the candidate debate of Deiyai election in Nabire on Saturday, 5 May 2018, will be prosecuted.

“These officers will be taken into the legal process relating to the act of law violation, whether it is related to the code of ethics or crime. So we put the legal aspect on the top in order to solve this dispute,” said Papua Police Chief Inspector General Boy Rafli Amar on Tuesday, 8 May 2018 in Entrop, Jayapura.

On behalf of the Police institution in Papua, he apologises for the acts committed by his personnel against Abeth You. He also admitted that many officers still do not understand the Standard Operating Procedure (SOP) in doing their tasks. Therefore he will improve it, in particular about how to act to the crowd in terms of public security.

“We will give more understanding (to them)…in particular, the comprehension of SOP when handling the masses because there are usually five or ten, two hundred or even a thousand of people join in the crowd,” he said. In addition, he said, the SOP of mass security already exists, such as how to handle the big crowd, how to cope with the dispute in location. So the police officer should understand this existed SOP,” he said.

A one-minute-duration video that becomes viral in social media captured an officer hit a man who later identified as a graduate IPDN Mando Mote have proved that Provost Suryanto as a perpetrator.

Suryanto is known as Provost Unit Chief of Nabire Police. When he recognised that the journalist Abeth You recorded his act through a smartphone camera, he approached him and tried to seize his smartphone, but Abeth can take it back.

For this incident, Papua Police Chief explained that the police currently conduct an investigation over two officers in Jayapura. “But the trial seems to conduct in the city where the incident occurred. As it happened in Nabire and the Prosecutor Office and the High Court already exist in Nabire, the trial seems must be conducted in Nabire,” said the chief.

Meanwhile, Director of Jubi Victor Mambor said the perpetrators of violence could be subject to the criminal act against the law as contained in the Article 18 paragraph 1 of the Law of the Press No. 40, 1999.

Mambor, who is also a certified press expert, stated the article declares that anyone who intentionally commits an action which inhibits or hinders the implementation of the provisions of the Article 4 paragraphs (2) and (3) could be sentenced of a maximum of two years prison or a maximum fine of Rp 500 million.

“If the police want to continue this case to legal action, it should adopt the Press Law as a reference, because it is very obvious to see that the perpetrators deliberately obstructed and impeded the rights of journalist to get and disseminate ideas and information as Abeth did,” said Mambor. (*)

 

Reporter: Yuliana Lantipo

Editor: Pipit Maizier

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Refuse dialogue, ULMWP said Acting Governor does not understand Papua

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Benny Wenda – Jubi / Doc

Jayapura, Jubi – The United Liberation Movement for West Papua (ULMWP) firmly refused the offer from the Acting Papua Governor Soedarmo for a dialogue.

“It is the acting governor (Papua) and the Government of Indonesia that disturb the stability of the Papua’s nation. Papuans never asked Indonesia and its military to come to Papua. Indonesia is not aware of the fact it has deprived over the land of Papua and its people,” said Benny Wenda to rebutting the acting governor’s claim that the ULMWP is a group who is responsible to the disturb of political, economic and security stability in Papua.

Wenda confirmed by telephone on Friday (Oxford, Saturday, 5/5/2018) said dialogue is not the goal of ULMWP. The acting governor instead can have the dialogue with church leaders, Papuan People’s Assembly (MRP), Papuan House of Representatives (DPRP) or Non-Governmental Organizations. “He can talk with the Church, MRP, DPRP and NGOs to address the problems that occurred in Papua. ULMWP is fighting for the referendum for the people of Papua. That’s our goal,” he said.

Wenda furthermore said what Papuans asked from Indonesia is not development but political liberation. “The acting governor does not understand the root of the Papuan problem; it is ashamed,” said Wenda.

The Acting Papua Governor Soedarmo earlier claimed to be ready for opening a dialogue with the ULMWP and the West Papua National Committee as well as other groups who keep voicing the struggle for the independence of Papua. “As the acting governor, I am ready for dialogue, but it should do on the basis of the Unitary State of the Republic of Indonesia, and how we build Papua in the future,” Soedarmo said in a press release. Moreover, he said the dialogue should not be formal.

“That’s the way I appreciate. I am ready for a dialogue in the cafe, no need to do it at the office,” he added. (*)

Reporter: Victor Mambor

Editor: Pipit Maizier

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MRP urges the Police investigating Goo’s shooting

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An illustration of Dogiyai residents staged action to reject all acts of violence in Dogiyai DPRD Office- Jubi / Abeth You

Paniai, Jubi – The Papuan People’s Assembly urged the Papua Police Chief to investigate the shooting over a resident Geri Goo in Moanemani that was allegedly committed by the police member from the Kamuu Sector.

“The shooting incidents happened repeatedly. Legal action clearly should be held. Therefore we ask the Papua Police Chief to investigate this case thoroughly,” said an assembly member of Religious Division Niko Degey to Jubi on Friday (4/5/2018).

He claimed these unceasing shooting incidents indicate that as law enforcement, the Police never change their mindset and paradigm. Degey, who is also the coordinator of SKKI GKI Kingmi of Paniai District, asked the Police for not only investigating who the perpetrators are but the intellectual actors as well, including the police commanders at Moanemani Police Sector and Nabire Police Department.

“This investigation will become evident to the public that even the police are not immune from the law. It is also to respect the victim’s family in Dogiyai,” he said.

Meanwhile, Papuan legislator Laurenzus Kadep also urged the police to investigate this case immediately. Kadepa, who is a member of Law and Human Rights Division, said he expects the victim Geri Goo to not experiencing the same situation as other violation victims in Papua that is the case has never resolved.

“The police must investigate it immediately and reveal who the perpetrator is and conduct a legal process,” said Kadepa. (*)

 

Reporter: Abeth You

Editor: Pipit Maizier

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