info_kontras
  |
Press Release
   
 
[ dilihat 128 kali ]

KontraS (The Commission for the Disappeared and Victims of Violence) 
                                                                                                       
URGENT APPEAL: Accountability and Transparency of a Legal Process are needed to resolve the case of Burning committed by a member of Indonesian National Army against a Parking Officer at the National Monument (Monas), Jakarta of Indonesia 

INDONESIA: Accountability and Transparency of a Legal Process are needed to resolve the case of Burning committed by a member of Indonesian National Army against a Parking Officer at the National Monument (Monas), Jakarta

Dear Friends, 

The Commission for the Disappeared and Victims of Violence (KontraS) writes to inform you that the Accountability and Transparency of a Legal Process are needed to resolve the case of Burning committed by a member of Indonesian National Army (TNI) against the Parking Officer at National Monument (Monas), Jakarta. 

CASE DETAILS:

The Commission for the Disappeared and Victims of Violence (KontraS) has received a report that violence has occurred to Tengku Yusri – a parking officer at the National Monument (Monas) Jakarta of Indonesia. He suffered of burning, between 30% to 40% of his body. Tengku Yusri has been burned by a member of Indonesian National Army (TNI); Airman First Class (Prajurit Satu), Heri Ardiansyah. The case occurred on Tuesday, June 24, 2014, around 21:30 pm in the east yard of the National Monument (Monas), of the Gambir Railwal Station of Central Jakarta. 

On June 24, 2014, around 21:30 pm, a member of the Indonesian National Army (TNI) named Airman First Class (Prajurit Satu), Heri Ardiansyah who frequently requested allotments to the parking officers around National Monument (Monas). Ardiansyah met Tengku Yusri to forcibly request "ration money/contribution" for about Rp. 150.000, - (one hundred and fifty thousand rupiah). However, Tengku Yusri refused to provide the money and just gave Ardiansyah Rp. 50.000, - (fifty thousand rupiah). Due it does not comply with his request, Ardiansyah then rip the money given by Tengku Yusri and with a bottle of gasoline that he have prepared before, he pour it toward the victim and throw a lit up matchstick which immediately burn the victim. At the time, Ardiansyah was accompanied by his friends who also military members. As a result of the burning, the current condition of the victim is very critical with burns left part of the face, head, and hands. Currently, Tengku Yusri is being hospitalized in the Tarakan Hospital, of Tanah Abang City, of Central Jakarta.

In addition, the other parking officers stated that the perpetrators have often asked for "ration money/contribution" by the way of violence, such as threatening/intimidation, beatings, and forcing. However, the parking officers [victims] have not dared to report it, fearing that their safety will be threatened.

Violent action conducted by the Airman First Class (Prajurit Satu), Heri Ardiansyah, is a violation of law and must be processed through an accountable and transparent criminal prosecution mechanism. The activity of picking up money from street vendors and parking is an illegal activity, which clearly violates to Article 39 of the Law No. 34 Year 2004 on the Indonesian National Army, in which members of the military should not be involved in business. Then, the persecution of Tengku Yusri in the form of burning which result severe injuries, clearly  violates the Article 354 Paragraph 1 of the Indonesian Penal Code [KUHP], in which if the persecution resulted in serious injuries, the guilty are threatened with the criminal prosecution as longest as five years imprison. The action also violates the Law No. 39 of the Year 1999 on Human Rights especially Article 4: Every Person has the Right to Live and cannot be Tortured, and Article 3 Paragraph 2: Everyone is Entitled to Recognition, Security, and Legal Protection. 

Moreover, Indonesia as a party which include in the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture (CAT), should obey the article which prohibits torture and other cruel acts. As stated in Article 1 Paragraph 1: For the purposes of this Convention, the term "torture" means any act by the which severe pain or Suffering, Whether physical or mental, is intentionally Inflicted on a person for such purposes as Obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or Suffering is Inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or Suffering Arising only from, inherent in or incidental to lawful sanctions. And in Article 16 Paragraph 1 Convention Against Torture which stated: Each State Party shall undertake to Prevent in any territory under its jurisdiction other acts of cruel, Inhuman or Degrading Treatment or Punishment the which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, Inhuman or Degrading Treatment or Punishment.

SUGGESTED ACTION:

Please send a letter to the authorities listed below expressing your concern about this case and requesting their intervention. 

1. Mr. Susilo Bambang Yudhoyono 
President Republic of Indonesia 
Presidential Palace 
Jl. Medan Merdeka Utara 
Jakarta Pusat 10010 INDONESIA 
Fax: + 62 21 231 41 38, 345 2685, 345 7782 
Phone: + 62 21 3845627 ext 1003 
E-mail: presiden@ri.go.id 

2. Mr. Hafid Abbas
National Commission on Human Rights
Jl. Latuharhary No.4B Menteng 
Jakarta, Indonesia 10310
Phone: +62 21 3925230
Fax: +62 21 3925227

3. Mr. Abdul Haris Semendawai
Agency of Witness and Victim Protection (Lembaga Perlindungan Saksi dan Korban)
Gedung Perintis Kemerdekaan (Gedung Pola) Lt. 1
Jl. Proklamasi No. 56
Jakarta Pusat 10320
Phone: +62 21 3190 7021
Email: lpsk_ri@lpsk.go.id 

4. TNI Commander Military General Moeldoko
TNI Headquarters
Mabes TNI Cilangkap, Jakarta Timur
Phone: +62 21 84595576, 8459-5326
Fax: +62 21 84591193

5. Chief of Army Staff TNI General Budiman
Indonesian Army Headquarters
Jl.Veteran No.5, Jakarta Pusat 10110

6. Maj. Gen. TNI Unggul K Yudhoyono
PUSPOM TNI AD
Jl.Merdeka Timur No.17, Jakarta Pusat 10110

 

 SAMPLE LETTER:

Dear [name of the authority]

INDONESIA: Accountable and Transparent Legal Process is needed to resolve the case of Burning committed by a member of Indonesian National Army against the Parking Officer at National Monument (Monas), Jakarta

Alleged perpetrators: A member of  Indonesian National Army

Date of incident: 24 June, 2014

Place of incident: East yard of the National Monument (Monas), Gambir, Central Jakarta

I am writing to raise my serious concerns on the violence that has occurred to Tengku Yusri – a parking officer at National Monument (Monas) Jakarta. He suffered burns between 30% - 40%. Tengku Yusri has been burned by a member of Indonesian National Army (TNI); Airman First Class (Prajurit Satu), Heri Ardiansyah. The incident occurred on Tuesday, June 24, 2014 around 21:30 pm in the east yard of the National Monument (Monas), Gambir, Central Jakarta. 

On June 24, 2014, around 21:30 pm, member of the Indonesian National Army (TNI) named Airman First Class (Prajurit Satu), Heri Ardiansyah who frequently requested allotments to the parking officers around National Monument (Monas), returned to action. Ardiansyah met Tengku Yusri to ask "ration money/contribution" for about Rp. 150.000, - (one hundred and fifty thousand rupiah). However, Tengku Yusri refused to provide the money and just gave Ardiansyah Rp. 50.000, - (fifty thousand rupiah). Due it does not comply with his request, Ardiansyah then rip the money given by Tengku Yusri and threw a cigarette butt toward the victim. After that, Ardiansyah who have prepared the gasoline in the bottle, pour it toward the victim, and immediately burn the victim. At the time, Ardiansyah was accompanied by his friends who also military members. As a result of the burning, the current condition of the victim is very critical with burns left part of the face, head, and hands. Currently, Tengku Yusri is being treated in Tarakan Hospital, Tanah Abang, Central Jakarta.

In addition, the other parking officers stated that the perpetrators have often asked for "ration money/contribution" by the way of violence, such as threatening/intimidation, beatings, and forcing. However, the parking officers [victims] have not dared to report it, fearing that their safety will be threatened.

Violent action conducted by the Airman First Class (Prajurit Satu), Heri Ardiansyah, is a violation of law and must be processed through an accountable and transparent criminal prosecution mechanism. The activity of picking up money from street vendors and parking ia an illegal activity, which is clearly contrary to Article 39 of Law No. 34 Year 2004 on the Indonesian National Army, that members of the military should not be in business. Then, the persecution of Tengku Yusri in the form of burning which result severe injuries, clearly  violate the Article 354 Paragraph 1 of the Criminal Code, which if persecution resulted in serious injuries, the guilty are threatened with the criminal prosecution as longest as five years. The action also violate the Law No. 39 Year 1999 on Human Rights especially the Article 4: Every Person has the Right to Live and not to be Tortured, and Article 3 Paragraph 2: that Everyone is Entitled to Recognition, Security, and Legal Protection.

Moreover, Indonesia as a party which include in the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture (CAT), should obey the article which prohibits torture and other cruel acts. As stated in Article 1 Paragraph 1: For the purposes of this Convention, the term "torture" means any act by the which severe pain or Suffering, Whether physical or mental, is intentionally Inflicted on a person for such purposes as Obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or Suffering is Inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or Suffering Arising only from, inherent in or incidental to lawful sanctions. And in Article 16 Paragraph 1 Convention Against Torture which stated: Each State Party shall undertake to Prevent in any territory under its jurisdiction other acts of cruel, Inhuman or Degrading Treatment or Punishment the which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, Inhuman or Degrading Treatment or Punishment.

Based on the above informations, we urge: 

First, to the TNI Commander Military General Moeldoko to crack down the perpetrator and bring him to the legal proceedings (the court). The court must be open and safe for the family of victim to access information about the judicial process until the verdict. In addition, the Puspom TNI AD Maj. Gen. TNI Unggul K Yudhoyono must ensure that there’s no act of intimidation conducted by any Indonesian National Army or its friends to the parking officers in the region, because up to this day the parking officers still feel anxious because of this case.
Second, the victim is a poor people who just working as a parking officer at Gambir, which makes it difficult to finance their life and cover the cost of treatment in the hospital. On that, the Puspom TNI AD Maj. Gen. TNI Unggul K Yudhoyono should be responsible to bear all medical expenses of the victim, including compensation for losses suffered by the victim.
Third, further than that, we urge TNI Commander Military General Moeldoko to ensure the effective and intensive monitoring toward the soldiers, both when on duty or not, so their actions would not damage the military's image in the eyes of society.

Fourth, independent state commissions, such as the National Commission on Human Rights and Agency of Witness and Victim Protection, should take the initiative to ensure the legal process, protect, and fulfill the rights of victims to be run effectively.

 

 

Sincerely, 

[Your Signature]
[Your Name/Organization]