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KontraS (The Commission for the Disappeared and Victims of Violence)
 
UPDATE URGENT APPEAL: Indonesian National Army should Responsible for the Death of Tengku Yusri – a  Parking Officer who has been burned by a member of Indonesian National Army at the National Monument (Monas) Jakarta, on June 24 2014.

 

Dear Friends,

The Commission for the Disappeared and Victims of Violence (KontraS) writes to update you about the death of Tengku Yusri – a parking officer who has been burned by a member of Indonesian National Army at the National Monument (Monas) Jakarta, on June 24 2014.

UPDATE DETAILS:
Tengku Yusri passed away on July 14 2014, after hospitalized intensively for 2 [two] weeks in the Hospital of Cipto Mangunkusumo [ known RSCM]. Tengku Yusri is a victim of burning committed by Heri Ardiansyah - Airman First Class [Prajurit Satu] of Army Military Police Center on June 24, 2014 and in the east yard of the National Monument [Monas], Gambir Railway Station of Central Jakarta [our previous urgent appeal is available at this link: http://www.kontras.org/eng/index.php?hal=siaran_pers&id=212].

The death of the victim resulted the threat of punishment given to the perpetrator should be even tougher. If the offender previously punishable by Article 354 Paragraph [1] of the Criminal Code which basically regulates the persecution that resulted in serious injuries to a penalty of imprisonment 8 [eight] years. But with the death of the victim, Article 354 paragraph [1] of the Criminal Code is no longer appropriate to be accused to the perpetrator.

In addition, although the perpetrator who still in detention of Military Area Command Military Police has been fired from his unit, but both the perpetrator and the Armed Forces Headquarters as an institution where the perpetrator works must remain responsible for the life of the child and the victim's wife. Moreover, the victim had been the backbone of the family and the father of 2 [two] children under five years old which make situation of the bereaved family becomes difficult due to lack of clarity over the future of their livelihood. Army Military Police Center’s effort in providing compensation considered insufficient because it does not touch on the cost of living after the death of the victim or at least the compensation for the victim's family.

Such measures also should be an interest of military commander to carry out the reform of Indonesian National Army to the maximum in order to prevent members of the military vigilante action, extortion, and performing actions that lead to business practices such as controlling the parking lot.
Based on the above descriptions, we urge:

First, Armed Forces Headquarters through Army Military Police Center where Heri Ardiansyah - Airman First Class [Prajurit Satu] works, to provide livelihood support mechanisms to the family of Tengku Yusri. It is the responsibility effort of the institution that has been negligent in supervising its members which suspected oftenly make extortion at the National Monument [Monas] where the area is not far from the area where the monument is not far from the Army Military Police Center’s Headquarters.
Second, the legal process of this case should quickly uncover the alleged involvement of other military superiors, considering the statements given by the witnesses [another parking officers] that members of Indonesian National Army have often asked for "ration money/contribution" by the way of violence, such as threatening/intimidation, beatings, and forcing.
Third, the parliament, government, and Indonesian National Army Commander of the next period immediately revise the Military Justice Law No. 31 of 1997, in order to regulate the military subordination in the general court, to avoid vigilante action, and subjectivity in the investigation, and also to prosecute the criminal cases of Indonesian National Army’s members in military judicature.

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: Indonesian National Army should Responsible for the Death of Tengku Yusri – a  Parking Officer who has been burned by a member of Indonesian National Army at the National Monument (Monas) Jakarta, on June 24 2014.

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 update about the death of Tengku Yusri – a parking officer who has been burned by a member of Indonesian National Army at the National Monument (Monas) Jakarta, on June 24 2014.

Tengku Yusri passed away on July 14 2014, after hospitalized intensively for 2 [two] weeks in the Hospital of Cipto Mangunkusumo [ known RSCM]. Tengku Yusri is a victim of burning committed by Heri Ardiansyah - Airman First Class [Prajurit Satu] of Army Military Police Center on June 24, 2014 and in the east yard of the National Monument [Monas], Gambir Railway Station of Central Jakarta [our previous urgent appeal is available at this link: http://www.kontras.org/eng/index.php?hal=siaran_pers&id=212].

The death of the victim resulted the threat of punishment given to the perpetrator should be even tougher. If the offender previously punishable by Article 354 Paragraph [1] of the Criminal Code which basically regulates the persecution that resulted in serious injuries to a penalty of imprisonment 8 [eight] years. But with the death of the victim, Article 354 paragraph [1] of the Criminal Code is no longer appropriate to be accused to the perpetrator.

In addition, although the perpetrator who still in detention of Military Area Command Military Police has been fired from his unit, but both the perpetrator and the Armed Forces Headquarters as an institution where the perpetrator works must remain responsible for the life of the child and the victim's wife. Moreover, the victim had been the backbone of the family and the father of 2 [two] children under five years old which make situation of the bereaved family becomes difficult due to lack of clarity over the future of their livelihood. Army Military Police Center’s effort in providing compensation considered insufficient because it does not touch on the cost of living after the death of the victim or at least the compensation for the victim's family.

Such measures also should be an interest of military commander to carry out the reform of Indonesian National Army to the maximum in order to prevent members of the military vigilante action, extortion, and performing actions that lead to business practices such as controlling the parking lot.
Based on the above descriptions, we urge:

First, Armed Forces Headquarters through Army Military Police Center where Heri Ardiansyah - Airman First Class [Prajurit Satu] works, to provide livelihood support mechanisms to the family of Tengku Yusri. It is the responsibility effort of the institution that has been negligent in supervising its members which suspected oftenly make extortion at the National Monument [Monas] where the area is not far from the area where the monument is not far from the Army Military Police Center’s Headquarters.
Second, the legal process of this case should quickly uncover the alleged involvement of other military superiors, considering the statements given by the witnesses [another parking officers] that members of Indonesian National Army have often asked for "ration money/contribution" by the way of violence, such as threatening/intimidation, beatings, and forcing.
Third, the parliament, government, and Indonesian National Army Commander of the next period immediately revise the Military Justice Law No. 31 of 1997, in order to regulate the military subordination in the general court, to avoid vigilante action, and subjectivity in the investigation, and also to prosecute the criminal cases of Indonesian National Army’s members in military judicature.

 

Sincerely,

[Your Signature]
[Your Name/Organization]