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Focus on infrastructure development has made human rights enforcement lacking?

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The office of National Human Rights Commission in Jakarta – Supplied

Jakarta, Jubi – Still in the framework of evaluation of Joko Widodo – Jusuf Kalla 3 years’ government, law enforcement and human rights is
the most hot topic and spotlight of many parties.

This time the Vice Chairman of Commission III of the House of Representatives, Benny K. Harman who considered the performance
of government of Joko Widodo – M. Jusuf Kalla in the field of law enforcement, tend to walk in place.

“We are like running in place, the progress in law enforcement field is like ‘poco-poco dance’,” Benny said as quoted by Antara
on Saturday (October 28) in a discussion in Jakarta entitled Critical Evaluation of Three Years of Jokowi Government; where is Legal Justice?

According to him, the lack of performance shows the government is not working well. “If this is the case, we can do this even without the president,” he said.

According to him, the law in Indonesia today tends to be used by the government as a tool of power by putting justice aside .

“The law is supposed to guard democracy, but I am afraid that the it used as a tool to achieve the interests of power,” he said.

Focus on infrastructure is the cause?

In response, Experts Office Staff of the President, Ifdhal Kasim said it is due to government policy focusing on infrastructure development,
which does cause less attention in other areas.

But Ifdhal also specifies, current legal reforms concentrate on regulatory reform, the settlement of a number of human rights cases
and the reform of legal institutions.

He said from seven past human rights violation cases, two are under legal processing.

“There have been two cases, that is Wasior and Wamena in Papua, which are now in the process of submitting to the court,” he said.

He claims the government is looking for the best solution to resolve a number of other human rights cases and is expected to be completed
before President Jokowi’s term is completed by 2019. “The government is looking for a comprehensive format of human rights resolution,” he
said.

While in some official responses at UN forums, such as Human Rights Council Meeting, Universal Periodic Review (UPR) and General Assembly
of the United Nations few weeks before, the Indonesian government has consistently explained various claims of infrastructure development
outcomes in Papua under Jokowi’s government as responses to issues Human Rights of Papua.

It seems as a way to counter the issues of separatism or self-determination that began to get additional support in the UN forums, not only from the Pacific countries, but also some countries in the Caribbean and Africa.

Related to that, Foreign Minister Retno Marsudi told BBC (26/10) that government can not prevent countries in the South Pacific region from promoting human rights issues in Papua to the UN General Assembly. Because every UN member country gets the right to discuss any subject in the public forum.

“All countries are free to express their opinion, that is their right,” said Retno after describing the achievements of the Ministry of Foreign Affairs under the administration of President Joko Widodo in Jakarta.

However, she continued, Indonesian diplomats at the UN are encouraged to answer all the demands and insistence by other countries through the exposure of development progress that proclaimed by the government.

“Our right is to explain the development carried out in Papua, comprehensive developments etc, as we have explained,” said Retno.

Attention to human rights has lost

Previously, Amnesty International in their evaluation statement on the performance of Jokowi’s human rights sector concluded that Jokowi’s
political commitment in handling human rights violations cases has disappeared.

“Jokowi’s commitment and will have been lost while the time is ticking,” said Usman Hamid, Director of Amnesty International
Indonesia, quoted by Tempo.co (10/10) during a press conference at his office in Menteng, Central Jakarta.

According to human rights activists and former Kontras Coordinator, one of the causes of the stagnancy of human rights cases settlement is that the judicial system eliminates punishment of military personnel involved in human rights violations.

In fact, he continued, many rules of law that can be used as a basis for the government to resolve the issue of human rights. “But there is
an unfairness of Jokowi in using the constitution,” he said.

So it is not surprising that many cases of human rights violations ended in documents and notes. Some of the cases are related to freedom of expression and religion, to cases of violence.(tabloidjubi.com/Zely)

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The elected president urged paying attention to the environmental issue

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Illustration. -Pixabay.com

Jayapura, Jubi – The Indonesian Forum for Environment (WALHI) Papua urged the elected president for 2019-2024 to include the environmental issue in his main agenda to provide access to environmental management for indigenous Papuans as applied in the constitution.

Indonesia will run the presidential and legislative elections simultaneously in April 2019. Both presidential candidates demanded to notice the environmental issue in their programs.

Moreover, the elected president and vice president are also expected to give full authority to Papua Provincial Government in the implementation of Special Autonomy Law without being intervened by national policies. Therefore, indigenous Papuans would have access to natural resources management.

As reported in kpu.go.id, both presidential candidates Joko Widodo-Maaruf Amin and Prabowo Subianto-Salahuddin Uno mentioned about the environmental issue in their points of the campaign. Widodo-Amin talk about the sustainable environment, while Subianto-Uno put the environment-based national development program for the people of Indonesia through politics and economy. On 17 January 2019, both candidates attended the presidential debate held by KPU on the issues of corruption, law and human rights, and terrorism.

In addition to the presidential candidates, the legislative candidates are also expected to understand the environmental issue comprehensively, not merely talk about it. Hence, WALHI asked them to be open and wise in addressing this issue, particularly related to human security.

Meanwhile, as an environmentally concerned civil organisation, WALHI invites young people to use their right to vote the legislative candidates who care about the environmental issue and still keep their eyes on the elected ones.

“Because the environment is the most crucial issue that must be considered and led by legislators,” said Aeshs Rumbekwan of WALHI Papua in a press release received by Jubi in Jayapura on Thursday, 17 January 2019.

WALHI declared that currently, the environmental governance in Indonesia is getting worse. If the environmental management is in accordance to the Law No. 32 of 2003 on the Protection and Management of Environment, there should be no pollution including from hazardous and poisonous materials, and land clearing by cutting and burning the forest.

Poor environmental management, according to WALHI, occurred because the State regards the natural wealth as a commodity. Therefore, it does not acknowledge the local wisdom in managing natural resources. Instead, it hands over the natural resources management to corporations.

Based on WALHI’s records in 2017, there were 302 environmental cases, 163 persons have criminalised and 13 provinces involved as the crime scenes. Meanwhile, the indigenous landowners also harmed by this mismanagement. As a result, they lost their communal land and exploited as workers.

In the same occasion, WALHI also urged Papua Provincial Government to pay more attention to the environment, implement the Special Autonomy Law and open access for implementing the national policies.

Meanwhile, the activist of Port Numbay Green Forum (FPPNG) Gamel Abdel Nasser assessed that the environmental issue, particularly in Jayapura, Papua, was addressed by certain groups. For a while, environmental problems have not become a common issue for all stakeholders. Both government and NGOs work independently. Though some NGOs have collaborated with the government to address this issue, their collaboration so far has not fully raised awareness among people.

“There is no massive awareness to understand the importance of balanced ecosystem,” said Gamel.

According to him, if one ecosystem disrupted, it will affect other ecosystems. Therefore, it needs to handle this holistically. Furthermore, he gave an example of Jayapura City which often hit by floods and garbage. Efforts to make people aware, he continued, must be supported by the lowest level of government administrations.

Furthermore, he said both presidential candidates Jokowi and Prabowo need to reminded from the start that Papua is the last biodiversity fortress on Earth.

Papua’s forests must be protected. One of the preventions is to prohibit palm oil plantations in Papua. It’s just enough for Kalimantan and Sumatra became victims of palm oil plantations, not Papua,” he said. (*)

 

Reporter: Hengky Yeimo

Editor: Pipit Maizier

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Papua Human Rights Coalition charges the police 125 million compensation in a pretrial lawsuit

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KNPB Secretariat that occupied by Mimika Police. – Jubi / Doc

Jayapura, Jubi – Papua Human Rights Lawyers Association (PAHAM), Papua Legal AID Institute (LBH) and GKI Synod who are members of the Coalition for Law Enforcement and Human Rights in Papua registered a pretrial lawsuit against the police in Timika District Court, Papua on Thursday afternoon (17/01/2019).

This charge, according to the Director of PAHAM Papua Gustaf Kawer, was addressed to Mimika Regional Police Chief in regards to the detention of three KNPB activists Sem Asso, Yanto Awerkion and Edo Dogopia who arrested since 31 December 2018.

“We file a pretrial lawsuit against Mimika Regional Police Chief in relations to the arrest and illegal detention as well as the illegal confiscation,” Kawer told Jubi on Thursday (17/01/2019).

Therefore, Kawer continued, the police are asked to pay Rp. 126,538,000 compensation to KNPB as they have illegally seized its secretariat. The coalition also asked the police to openly make an apology to KNPB in mass media in Mimika Regency and Papua Province for three consecutive days.

Some KNPB activists arrested by the police and military on 31 December 2018 during the worship services to commemorate the anniversary of their organisation without a warrant. The police then detained them and accused them of treason. After that, Mimika police removed them to Papua Police Custody, Jayapura since 8 January 2019. Besides them, police also arrested the other members, namely Ruben Kogoya, Yohana Kobogau, Elius Wenda and Vincent Gobay.

Not only prohibit the worship and arrest KNPB activists, the police and military TNI also took over the house that used as the secretariat of KNPB Timika. Until now, the security forces still guard this office which is known as the property of Sem Asso.

The police, according to the activists, told people around the secretariat that their intention to use this building as their security post and did not allow KNPB member to enter the building.

Furthermore, Kawer explained that the purpose of the pretrial lawsuit is to restore the status and dignity of KNPB that had been unconstitutionally violated by Mimika Regional Police.

Meanwhile, Mimika Regional Police Chief, Adjunct Senior Police Commissionaire Agung Marlianto when confirmed about the pretrial lawsuit, declared that he did not know about it. “We have not received the copy yet. Please ask directly to Mimika District Court,” said the chief.

Regarding the secretariat that taken over by the security forces, he said it temporarily seized for further legal process against the suspects. He also claimed that the police had a recommendation from PT Freeport Indonesia who has authority over the land where the building located.

Separately, the Public Affairs Chief of Papua Police Ahmad Kamal said the police determined the status of defendants of Yanto, Sem and Edo after undergoing an intensive examination by the police at Papua Police Headquarters since 8 January.

The three activists were charged against the state as stipulated in the chapter 106 in connection with the chapter 87 of the Criminal Code and the chapter 53 of the Criminal Code (primary) and the chapter 110 section (2) of the Criminal Code in connection with the Chapter 88 of the Criminal Code (subsidiary).

However, the Amnesty International Indonesia highlighted the arrest of KNPB activists by the police and military. The security forces are considered against the law to arrest people who express their opinions peacefully.

“That is a form of violation of human rights. It must be able to distinguish between those who express their views of independence peacefully and those who use violence, “said Usman Hamid, Director of Amnesty International Indonesia.

Moreover, he said Yanto, Sem and Edo were prosecuted and detained solely for using the right to freedom of assembly and peaceful expression. “The police arrested them in a repressive manner for planning a joint prayer event,” continued Usman.

According to him, under Indonesian and international law, organisations are allowed to conduct public demonstration without asking for permission. They only need to give a notification to the police.

“However, the security forces in Papua continue to ignore this regulation. They remain to illegally restrict students, political groups and human rights organizations to conduct demonstrations peacefully,” Usman said. (*)

 

Reporter: Victor Mambor

Editor: Pipit Maizier

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Attorney says Skrypski forced to attend the trial

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Fabian Skrzypski and Simon Magal while listening to their prosecution at Wamena District Court on Monday (1/14/2019) -Jubi / Islami

Wamena, Jubi – The trial against the Polish man Jakub Fabian Skrzypski and Simon Magal accused of treason finally be held at Wamena District Court on Monday (1/14/2019).

Chief Judge Yajis, SH, MH accompanied by member judges Roberto Naibaho SH and Ottow W.T.G.P Siagian, SH read the 14 pages charges for both defendants.

Earlier, the Polish Jakub Fabian Skrzypski went on a hunger strike and declined to attend the trial on 8 January 2019 as he preferred to continue the hearing in Jayapura. His act consequently caused a delay.

For the recent trial, however, as Skrzypski still denied the trial, his attorney Yance Tenoye said the prosecutor came to the police custody to force his client attending the hearing. 

Furthermore, Tenoye said the attorney team has tried to persuade his client to pursue the trial, but he remained to refuse. However, they thought he has the right to do so.  

However, the prosecutor said that he would take Jakub to the trial after coordinating with the security forces.  So Jakub was forced to attend the trial. Even the prosecutor said inappropriate words against him,” Tenoye told reporters after the trial.

Moreover, Tenoye said the trial run smoothly. However, the defendant’s application to have a Polish interpreter was denied by the court, as English was considered enough by the judges. 

I think it’s defendant’s right to ask for the Polish interpreter and the court should consider it,” said Tenoye. 

By contrast, the prosecutor Ricarda Arsenius, who’s also the Head of the General Crime Department of Jayawijaya Prosecutor Office, said no intimidation occurred regarding the attending of the defendant at trial.

He further claimed what he did was only to prompt the order of the panel of judges to bring the defendant to the court. “Jakub initially objected to coming to the hearing, but after we talked and convinced him, he changed his mind. The next session will be held on 21 January 2019 to hear the exceptions by defendants’ attorney team,” Arsenius said.

Meanwhile, Latifa Anum Siregar from Skrzypski’s attorney team admitted that in the next trial, her team would present their exceptions from two aspects. First, the chapters of law applied by the prosecutor to charge her client. The prosecutor uses the alternative chapters 1 or 3 or 4, which show the hesitant of the prosecutor which sections should he presents at the hearing.  Moreover, according to her, these articles are weak to apply in the court. 

The second aspect is we will observe the clearance and the compliance of the charges. We will prepare our exceptions for the next 21 January,” she said.  (*)

 

Reporter: Islami Adisubrata

Editor: Pipit Maizier

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