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. (*)
Dekai gradually recovers, actors allegedly take advantages of clash situation
Jayapura, Jubi – Security situation in Dekai, the capital city of Yahukimo District, is getting recovered gradually. However, public activities in this town still not running well after the dispute involving residents a few days ago. Streets and the centre of the crowd are reportedly abandoned.
Ramandey: International mechanisms can help to settle Papuan past human violations
Jayapura, Jubi – Head of Papua Human Rights Commission (Komnas HAM) representative office, Frits Ramandey said that it is possible for human rights issues in Papua to be solved based on international mechanisms.
However, he said, as long as national mechanism is working, international mechanisms must respect and should not interven the process.
“But the intervention is very likely to happen in various international forums, for example some countries give their view of human rights issues in Indonesia, especially Papua in the Universal Periodic Review (UPR) forum,” Frits told Jubi on Monday (December 8).
According to him, that was an example of international mechanism, and possible political intervention in such forum is unavoidable. Besides, both victims and other parties need the support of international mechanisms.
“For example, in 2017 some people referred to Papua journalists report in the media, for example, Jubi was a reference for various countries, especially embassies, such as Franciscan report, which provide basis for intervention, (in this way) the international mechanism is very possible.”
Furthermore, Frits said that periodical report from National Human Rights Commission (KOMNAS HAM) on human rights development and enforcement in Indonesia can be a fresh reminder for Indonesia has ratified several international instruments.
Related to the Paniai case, he hopes that the newly appointed TNI Commander will give TNI members a chance to be questioned.
“KOMNAS HAM Adhoc team needs to ask for information related to TNI involvement (in the case). If they fail to cooperate with Komnas HAM official letters such as the police, the credibility of TNI institutions will be ruin, as Indonesia is included in international human rights mechanism,” he said.
Previously Papuan legislator John NR Gobai said he supports international mechanism used for Papua human rights settlement. According to him, so far the central government has been acting indifferent.
“But the question is whether Indonesia government would gives permission or is willing, because international mechanism need government need support to be implemented,” said Gobai.
He said, it is possible to solve the problem of Papuan human rights with international mechanism but it is still rely on Indonesian government cooperation.
Governor regulation on Papua human rights
Related to the provincial mechanisms to settle past human rights cases, Frits Ramandey said that Papua’s governor regulation regarding human rights has not been realized. It is still stumbles in Legal Bureau of Papua Province.
Papuan governor, Lukas Enembe, according to Frits is committed to the regulation. He even had assigned Assistant I, Doren Wakerkwa (to be incharge) and Doren had given the governor guidance to the Legal Bureau of Papua Province Regional Secretariat.
“Komnas HAM has institutionalized the draft of its gubernatorial regulation,” said Frits to Jubi, Monday (December 8).
He questions the reason behind Legal Bureau lack of responses, while governor has ordered it. If there are any records related to the draft, it should be conveyed to Komnas HAM for correction.
“The Legal Bureau in some forums with the Minister of Political, Legal and Human Rights, expressed their commitment to resolve the human rights cases, but unfortunately the Bureau of Law is still lack of cooperatiion,” he said.
He said that Komnas HAM had coordinated with Head of Legal Bureau several times, but gets no respond. Frits note that it is important to remembe Act No. 21 of 2001 on Special Autonomy of Papua that was born because there were demands for solving human rights problems. (*)
Editor: Zely Ariane
Governor of Papua: Who sells alcoholic beverages?
Jayapura, Jubi – Papua Provincial Government highlights elements of security forces in Papua who allegedly masterminded the sale of liquor
(alcohol), although there are regulations that prohibit the circulation or sale of alcoholic beverages (minol).
“Both the regional head and the TNI/Polri officers, have agreed to sign the integrity pact of the ban on sales and circulation of minol,” said Papua Governor Lukas Enembe in his speech during the inauguration of the Regent of Puncak Jaya, 7 December, in Mulia, Puncak Jaya.
Governor Enembe said recently there was a Hercules aircraft belonging to the Air Force which brought in minol of type vodka to Jayawijaya
Regency. “They do not seem to agree with the regulations set for banning minol, so who sells theminol: TNI, Police or businessman?” remarked Governor Enembe in his speech in front of the inaugurating attendees, including representatives of the police and TNI.
On the occasion, Governor Enembe asked the regent and deputy regent to tighten security at a number of entrances such as airports, to the
districts and villages to prevent people from circulated minol.
He asked the security forces in charge onthe Land of Papua to not make money by selling minol which potentially killing the indigenous Papuans.
“Therefore, I ask Pak Dandim Puncak Jaya for helping to supervise. If there are members who sell alcohol, do not (assigned) them here,” said
Governor reminded that there had been a plane that fell for carrying minol. “We still remember the incidents of Polri’s plane crash at Gunung
Kembu, it brought with them alcohol, so this should not happen again,” he said.
Merauke Air Force Commander: we have checked the buckets
Separately, Merauke Air Force Commander, Colonel (PNB) Awang Kurniawan, confirmed that his members have been working maximally while 32 bucket of paint containing 900 bottles of vodka alcoholic beverage (minol) packed into Hercules aircraft at Mopah Airport on 29 November
“Before the paints being ship in, they were first quarantined and checked. So, we are basically did not miss anything. Next, we will use electronic detection tool to track. Our members have worked optimally,” said Danlanud, on Friday (December 8).
It is said, electronic devices are difficult to detect dozens of paint cans because they were packed very neat. Where, the label of the paint
is arranged as such to prevent damage. So all of them passed and managed to ride in Hercules and flight to Wamena Jayawijaya Regency.
Danlanud also denied the involvement of its members in smuggling hundreds of vodka bottles to Wamena. “We have checked our members who served at Mopah Airport at the time and they did not involve,” he said.
He admitted that this was the first incident where Hercules hauls hundreds of vodka alcoholic drinks. “It was the first time. It has never been happen before,” he said.
He admitted that dozens of those buckets were taken in by some people and deposited at the airport before boarding the plane. “We took the identity of the sender as well as stated,” he said.
Previously, Merauke Police Criminal Cops, Adjunct Police Commissioner (AKP) Muchsit Sefian, said that three smugglers of hundreds of bottles
of vodka to Wamena with initials ST, ER, and SE have been detained by the Air Force.(tabloidjbi.com/Zely)
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