The Advocacy Team for the Kanjuruhan Tragedy ["TATAK"], Legal Aid Foundation (LBH) Pos Malang, LBH Surabaya, and The Commission for the Disappeared and Victims of Violence (KontraS) highlight the actions of PT Waskita Karya (a Limited Liability Company / LLC), which demolished Entrance 13 of Kanjuruhan Stadium on July 21, 2024. Entrance 13 of Kanjuruhan Stadium is not only tangible evidence of the Kanjuruhan Incident, but also serves as a collective memory space for the victims, their families, and observers of the Kanjuruhan Incident to commemorate the event. This includes activities such as visiting, reciting tahlil prayers, scattering flowers, and placing memorial items for the deceased victims.
Instead of being preserved, the demolition of Entrance 13 of Kanjuruhan Stadium further underscores the state's neglect to the voices and hopes of the victims and their families. These voices have never been heard. The government continues to spread falsehoods by promising not to demolish Gate 13, referred to as the "Silent Witness" of the Kanjuruhan Incident of October 1, 2023, as per the "Gate-13 Kanjuruhan Museum Agreement" made in the deliberation forum dated 28th May 2024.
Various efforts to oppose the demolition have been made, including through an open letter and formal warnings. We have warned the Minister of Public Works and Housing, PT Waskita Karya (LLC), and PT Brantas Abipraya (LLC) to halt the renovation of Kanjuruhan Stadium as a sign of respect for the ongoing legal process. The TATAK report on the termination of the Modal B Report The Malang Police Criminal Investigation Unit is currently under review by the National Police Headquarters, as indicated by the issuance of the Notice of Progress on Complaint Handling [“SP3D”]. However, these warnings appear to have been disregarded, as there has been no response from the aforementioned parties, leading to the unilateral demolition of Entrance 13 of Kanjuruhan Stadium.
We have continuously maintained our opposition to the renovation and/or demolition of Kanjuruhan Stadium, culminating in the reporting of alleged maladministration by the Ministry of Public Works and Housing (PUPR) regarding the renovation. We believe that the state, through the Ministry of Public Works and Housing, has committed unlawful acts and legal neglect (disregard of law) by implementing policies or directives related to the renovation of Kanjuruhan Stadium without adhering to statutory provisions, propriety, and justice. Furthermore, as known in the legal enforcement process, Kanjuruhan Stadium has never been used as a reconstruction site. Therefore, the existence of Entrance 13 plays a crucial role in uncovering and deepening the facts of the incident, considering that Kanjuruhan, particularly Entrance 13, is the crime scene (Locus Delicti) where many lives were lost and must be promptly reconstructed. Additionally, the Government seems negligent and reluctant to thoroughly investigate this incident. The actors who have been punished are merely field operatives, while high-level actors have yet to be revealed.
Thus, we view the current stadium renovation being carried out by the Ministry of Public Works and Housing (PUPR) as an attempt to commit Obstruction of Justice in the ongoing legal process by destroying/removing/damaging evidence (the crime scene) as stipulated in Article 221 paragraph (1) number 2 of the Indonesian Criminal Code (KUHP).
Furthermore, the absence of the Ministry of PUPR in the open letter and summons we sent is also seen as a form of red tape or bureaucratic inefficiency, causing delays in service delivery even when issues could be resolved quickly. This includes their response to our concerns regarding the renovation of Kanjuruhan Stadium.
The report has been received, and the Ombudsman is currently seeking clarification from the Ministry of PUPR regarding the reasons for the renovation and how coordination was carried out with the police, prosecutors, and local government. However, amidst this ongoing legal process, the Ministry of PUPR, through its contractor PT Waskita Karya (LLC) , dismantled the remaining evidence of the Kanjuruhan Incident without coordination or confirmation.
In accordance to this issue, we criticize and urge:
- The Indonesian Government to thoroughly investigate the Kanjuruhan Incident;
- The Ministry of PUPR alongside with its 2 (two) contractors which are PT Waskita Karya (LLC) and PT Brantas Abipraya (LLC) to respect the ongoing legal process;
- The Ministry of PUPR to instruct PT Waskita Karya (LLC) and PT Brantas Abipraya (LLC) to restore Gate 13 of Kanjuruhan Stadium to its original form within 3x24 hours;
- PT Waskita Karya (LLC) and PT Brantas Abipraya (LLC) to restore Gate 13 of Kanjuruhan Stadium to its original form within 3x24 hours;
- The Government of Malang Regency and the Regional Leadership Coordination Forum are urged to restore Gate 13 of Kanjuruhan Stadium as agreed upon with the victims and their families in a meeting on 28th May, 2024;
- The Ministry of PUPR and 2 of its contractors PT Waskita Karya (LLC) and PT Brantas Abipraya (LLC) to stop all renovation and demolition activities at Kanjuruhan Stadium until the legal process is completed and legally binding.
Jakarta-Malang, 22nd July 2024
KontraS,YLBHI, LBH Pos Malang, LBH Surabaya, TATAK
Contact Persons
KontraS - Andi Muhammad Rezaldy
YLBHI - Arif Maulana
LBH Surabaya - Jauhar Kurniawan
LBH pos Malang - Daniel Siagian
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