October 1 2023, exactly one year ago the Kanjuruhan tragedy occurred. Exactly one year later, the state gave up its false promise to be able to resolve the Kanjuruhan Tragedy completely and completely. Over the past year, the Indonesian Legal Aid Foundation (YLBHI), the Surabaya Post Malang Legal Aid Institute (LBH Malang), the Surabaya Legal Aid Institute (LBH Surabaya), TATAK, The Commission for the Disappeared and Victims of Violence (KontraS), ICJR, the Institute Nahdlatul Ulama Counseling and Legal Assistance (LPBH-NU) Malang City together with several other civil society organizations are joining the struggle of the victim’s family who are members of the Kanjuruhan Victim Justice Solidarity Network (JSKK) to obtain justice that has been taken away by the State amidst the state’s irresponsibility in its efforts. completion of the Kanjuruhan Tragedy case.
The Kanjuruhan tragedy on October 1 2022 became a dark record for human rights and football in Indonesia. This tragedy confirms that the state is neglecting its responsibility to resolve this case fairly and with dignity and continues to perpetuate impunity. In this tragedy, at least 135 died, and hundreds were injured who have yet received justice. This incident clearly illustrates the excessive use of force and the brutality shown by the security forces namely the Indonesian National Army (TNI) and the Indonesian National Police (POLRI) in this tragedy. The indiscriminate use of tear gas resulted in hundreds of people being injured and leading to death. This incident clearly illustrates that basic human rights principles have not been internalized in the National Police institution as mandated by Police and TNI Reform, where this incident was made worse by security measures that were disproportionate and tended to be excessive. Furthermore, we see that the state is increasingly irresponsible for the Kanjuruhan Tragedy, which can be seen from President Joko Widodo’s statement that he underestimated the Kanjuruhan Tragedy in February 2023.
Furthermore, the state’s neglect of responsibility in providing a full sense of justice to the families of the victims of the Kanjuruhan Tragedy can be seen from several things, including:
Kanjuruhan Tragedy Trial Verdict
We assessed that the light sentences imposed on the five (5) defendants in the Kanjuruhan Tragedy were clearly far from the hope of justice for the families of the victims of the Kanjuruhan Tragedy where the sentences were on average less than 2 years. Moreover, the sentence handed down was far from the expectations of the victim’s family, who wanted the defendant to be punished with the most serious crime. Apart from that, in trying to make this decision, from the start we were suspicious that the legal process did not seem serious in uncovering the Kanjuruhan Tragedy. We suspect that the legal process was designed to fail to reveal the truth (intended to fail) and protect the perpetrators of the Kanjuruhan Tragedy crime. Apart from that, criminal accountability efforts for perpetrators only stop with field actors, whereas we consider that individual accountability efforts must be prosecuted in their capacity as those responsible for command as stated in Article 42 paragraph (2) of Law No. 26 of 2000 on the Human Rights Court.
The Kanjuruhan tragedy gave us a clear image on how the police carry out their duties excessively and do not implement or even understand the stages in the use of force as regulated in Article 5 paragraph (1) of the National Police Chief Regulation Number 1 of 2009 concerning the Use of Force in Police Actions and the National Police Chief Regulation Number 08 of 2009 concerning the Implementation of Principles. and Human Rights Standards for Carrying Out Police Duties. Apart from that, the use of tear gas also violates Article 2 paragraph (2) which states that “The use of force must go through the stage of preventing, inhibiting or stopping the actions of criminals or suspects who attempt or are carrying out actions that are contrary to the law.”
Kanjuruhan Stadium Renovation
Amidst the lack of a comprehensive sense of justice for the families of the victims of the Kanjuruhan tragedy, the government is currently focusing more on efforts to renovate the Kanjuruhan Stadium. In fact, efforts to renovate the Kanjuruhan Stadium are not in line with a just law enforcement process. Instead of the state enforcing the law fairly, until now the misguided court process has actually strengthened impunity and no investigation into allegations of gross human rights violations in the Kanjuruhan incident has been carried out. Apart from that, based on the information we gathered, efforts to renovate the stadium were carried out unilaterally, with minimal transparency and participation from the general public, especially victims and families of victims affected by the Kanjuruhan incident.
Termination of investigation and Rejection of Report
Apart from highlighting this matter, we also highlight several efforts made by the victim’s family to demand justice by reporting to the police, especially the Criminal Investigation Unit of the National Police Headquarters. At least in November 2022, April 2023, the families of the victims along with several representatives of civil society organizations have made a report to Bareskrim Polri regarding the Kanjuruhan Tragedy, unfortunately in this reporting the Police rejected the report submitted by the civil society coalition together with the families of the victims of the Tragedy Advice based on the lack of strength of the evidence presented.
Apart from the reporting carried out in Jakarta, the victim’s family also reported in Malang City that one of the victim’s families, namely Devi Athok Yulfitri and Rizal Putra Pratama, had reported the Kanjuruhan incident to the Malang Police for alleged criminal acts under Article 338 of the Criminal Code (KUHPinal Code) and Article 340 of the Criminal Code in November 2022. However, until now, the report is still in the process of being investigated and ended with the investigation being terminated (SP3) because it did not fulfill the reporting elements on September 7 2023.
Several reports that have been submitted by the families of the victims or civil society coalitions show that the government is still reluctant to resolve the Kanjuruhan Tragedy through fair law enforcement, as can be seen from the number of reports that have been flatly rejected without considering the documents or materials that have been brought by the families of the victims of the Tragedy. Kanjuruhan.
State Negligence in the Kanjuruhan Tragedy
Apart from the notes above, we also pay attention to the country’s slow pace in efforts to resolve the Kanjuruhan Tragedy. We consider that Komnas HAM as the state’s representative has not been present enough to provide justice for the families of the victims of the Kanjuruhan Tragedy; over the past year, we have seen that Komnas HAM was not serious from the start in handling allegations of serious human rights violations regarding the Kanjuruhan tragedy. This was also reinforced by the statement issued by Komnas HAM regarding the Kanjuruhan tragedy which stated that there were no serious human rights violations in this incident.
We consider the statement issued by the state representative to be misleading, because it did not carry out a pro justitia investigation into allegations of gross human rights violations through the mechanism of Law Number 26 of 2000 concerning Human Rights Courts but instead used the mechanism of Law Number 39 of 1999. Apart from this, we also highlighted how negligent the government was in responding to the Kanjuruhan Tragedy
In the momentum of this one (1) year commemoration, we, a coalition of civil society and the families of the victims of the Kanjuruhan Tragedy, demand that the state:
Jakarta, 1 October 2023
Jakarta – Malang
Kanjuruhan Victim Justice Solidarity Network (JSKK)
The Commission for the Disappeared and Victims of Violence (KontraS )- Dimas Bagus Arya
Malang Legal Aid Institution (LBH Malang) – Daniel Alexander Siagian
Surabaya Legal Aid Institution (LBH Surabaya) – Abd. Wachid Habibullah
Malang City Nahdlatul Ulama Legal Aid and Counseling Institute – Fachrizal Afandi
ICJR – Erasmus Abraham Napitupulu
Indonesia Legal Aid Foundation (YLBHI) – Muhammad Isnur
TATAK – Imam Hidayat