The Asian Human Rights Commission (AHRC) and the Federation of the Commission for the Disappeared and Victims of Violence (FEDERASI KontraS) wish to inform you about Preliminary Report on Monitoring and Investigation of the Kanjuruhan Stadium Case
I. The condition and capacity of the Kanjuruhan Stadium
The Kanjuruhan Stadium is a football Stadium owned by the Malang Regency Government which is located in Jalan Trunojoyo, Kepanjen, Malang Regency. The Stadium was built in 1997 and its use was inaugurated on 9 June 2004. In the 2006 Copa Indonesia Cup event, Aremania won the title of the Best Supporter.
The Kanjuruhan Stadium has an area of approximately 3.5 hectares. In 2014, standing stands were added to this Stadium to anticipate the boom of Aremania supporters in certain big matches. Standing stands are around the tire sentel (field side track), with a fence separating the stands from the field. The addition of the stands, according to an explanation by the management of Arema F.C. and the match organizing committee, will increase the capacity of the Stadium to a maximum of 45,000 spectators.
According to the chairman of the organizing committee, since 2008, the Kanjuruhan Stadium of the Malang Regency has been declared eligible to hold League 1 (major league) matches in accordance with the documents in the form of forms sent by the Football Association of Indonesia (PSSI) every year before the competition starts while every competition break (mid round) is also verified by the PSSI and even verified by the Asian Football Confederation (AFC).
II. Factual findings before the game
1. Number of supporters and ticket sales at the game
a. Based on information from the management of Arema F.C. and the organizing committee, the organizing committee printed 43,000 match tickets.
b. Based on the data from the Malang Regency Regional Revenue Agency and the results of the calculation done during the Arema F.C. versus Persebaya match on 1 October 2022, there were 42,906 tickets sold.
c. Based on the statement from the chairman of the match organizing committee (Mr. Abdul Haris):
On 29 September 2022, at 05.00 p.m., the Malang Police requested that the committee of the Arema F.C. must apply restrictions on ticket printing as stated in letter number: B/2266/IX/Pam.3.3./2022, 29 September, 2022.
However, because on 26 September 2022, in total 42,516 tickets had already been sold out, the chair of the organizing committee coordinated with the Malang Police chief by telephone, asking that the number of tickets not be reduced because they had already been ordered and paid for. The Malang Police chief said that the letter was not for the Arema F.C. vs. Persebaya match but for another match.
By the order of the chairman of the organizing committee, as part of the ticket sales, Mr. Dimas came to the Malang Police office to hand over the remaining tickets that were not sold to be entrusted to the Malang Police. However, the Malang Police were not willing to accept it and did not prohibit the committee from continuing to sell the remaining unsold tickets.
d. Based on the committee’s statement, the print composition of the Arema F.C. vs. Persebaya football club match tickets for the match on 1 October 2022 at the Malang Kanjuruhan Stadium with details was thus:
1. Economy: 38,980 tickets, price Indonesian Rupiah (IDR) 50,000
2. Very Important Person (VIP): 1,880 tickets, price IDR 150,000
3. Very VIP (VVIP): 200 tickets, price IDR 250,000 (serial numbers 121-320)
4. Compliment Economy: 700 tickets, price IDR 100,000
5. Compliment VIP: 820 tickets, price IDR 125,000
6. Compliment VIP: 300 tickets, price IDR 125,000 (Regional Coordinator and Partners)
7. Compliment VVIP: 120 tickets, price IDR 150,000 (serial numbers 1-120),
Overall total print of 43,000 tickets.
2. The coordination meeting of the parties and the security plan
1. The chairman of the organizing committee for this competition was Mr. Abdul Haris, who was responsible for the planning, coordinating and implementing of the competition;
2. The chairman of the organizing committee, Abdul Haris, explained that the task of the Arema organizing committee was only until the match was over. After that, the task lies with the security forces;
3. The coordinator of the organizing committee explained that his party had absolutely no authority to order police and military personnel either on the field or in the Kanjuruhan Stadium area;
4. Security personnel are placed on the field from the start of the match and the security officer is only in charge of controlling the match steward, and cannot control the command of the police or the military;
5. According to information from one of the organizing committee personnel, the operational standards and security procedures for each grandstand of the Stadium door during a match are in the form of:
1) 2 Stewards, consisting of 1 male and 1 female
2) 2 People for body checks and searches, consisting of 1 male and 1 female
3) 2 Porters, part of scanning and installing tickets into the hands of the spectators
4) 1 Chief Police sector from the Malang Regency and his staff officer
5) 1 Military personnel
6) 1 Person as support from Korwil friends who are members of the Jogos Arema blue vests
7) 1 Checker from the Regional Revenue Service to calculate the local tax for each audience member present.
6. On 12 September 2022, Arema F.C.’s organizing committee has submitted a permit to obtain a recommendation for the Arema F.C. vs. Persebaya match with the letter number: 014/PANPEL/ARM/IX/2022 concerning match recommendations and security assistance;
7. The Chief of the Malang Police office replied to the letter as stated in the letter number: B/2156/IX/PAM.3.3/2022 dated 13 September 2022 which contained a request to change the schedule for the match between Arema F.C. and Persebaya FC from 20.00 Western Indonesia Time (WIB) to 15.30 WIB due to security considerations;
8. On 13 September 2022, the Chief of Malang Police office requested for the kickoff time to be changed to 05.30 p.m. The organizing committee of Arema F.C. immediately responded to this by sending an official letter to the New Indonesian League Company by attaching a letter from the Malang Police office regarding a request to change the kickoff time with considerations of security and risk during the match. In response to the Malang Police Chief’s letter, the organizing committee of the Arema F.C. followed up by sending a letter to the managing director of the New Indonesian League Company as stated in letter number: 020/SEKR-ARM/IX/2022 dated 12 September 2022 concerning changes to the kickoff time of Arema F.C. vs. Persebaya on 13 October 2022;
9. On 19 September 2022, the Director of the New Indonesian League Company sent a letter number: 497/LIB-KOM/IX.2022 to the Arema F.C. management which stated that the Arema F.C. vs. Persebaya Surabaya match would still be held according to a predetermined schedule, at 08.00 p.m.;
10. On 23 September 2022, the organizing committee of Arema F.C. together with Ali Fikri as the manager of the Arema F.C. team and also with Aremania from various regional coordinators, totaling approximately 50 people, held a coordination meeting to discuss that Persebaya Surabaya supporters, namely Bonek, were not allowed to attend the Kanjuruhan Stadium in the match of Arema F.C. vs. Persebaya;
11. On 24 September 2022, Arema F.C.’s organizing committee held a coordination meeting with the Pasuruan City Police office regarding the escort of Aremania supporters crossing the area including Pasuruan, Probolinggo, Jember Regency, Sidoarjo Regency, Pandaan, Porong and other areas. Based on the results of the coordination meeting, the local security forces were also willing to facilitate Aremania’s transportation for safety reasons, because two wheeled vehicles are not permitted;
12. On 28 September 2022, the Arema F.C. organizing committee together with the Malang Police held a coordination meeting to discuss replies to the New Indonesian League Company’s continuous request that the Arema F.C. vs. Persebaya match be held according to the schedule specified in the recommendation letter number: B/2448/IX/YAN.2.1./2022 28 September 2022 which will then be submitted to the East Java Regional Police as recommended per the crowd permit number: Rek/000089/IX/YAN.2.1./2022/DITINTELKAM dated 29 September 2022;
13. On the evening of 29 September, at the Arema F.C. management office, a coordination meeting was held to prepare for the implementation along with the regional coordinators, in total approximately 50 Aremania regional coordinators, the chair of the management committee, and the Arema F.C. media officer;
14. On 30 September 2022, at the Kepanjen Police Headquarters led by Ferli Hidayat as the Malang Police Chief held a coordination meeting before the match with all the police chiefs of the Malang Regency, the head of the Arema F.C. committee, all Aremania coordinators, stewards, and friends of the second blue vest Jogos Arema to secure a crucial game.
15. The main contents of the 1 October security plan by the Malang Police Chief:
a) In the Security Plan (RenPam) there is no description of what security devices to bring, including the use of tear gas
b) Total security personnel: 2,034 personnel with details as follows (according to Sprint/1606/IX/PAM.3.3/2022 dated 28 September 2022)
c) If there is a red situation (supporters enter the Stadium trying to attack players, officials and referees), then the following steps are recommended:
1) Circle 1 personnel form security, dividing the field, and driving the North-South (A-D doors) and B-E gates
2) Evacuate players, officials and match officials into the Stadium lobby (lobby entrance is closed), and then lobby security officers stand guard in front of the lobby entrance from the field direction
3) Big doors (gates) A, B, D, and E are opened.
4) Personnel in the tribune must walk down, then stand guard around the door.
5) Patrol personnel (standby outside the Stadium) lead to the front of the main door and help secure officers in circle 1.
d) How to act in the situation of blocking the players’ buses, namely the Rainmas car: the appeal to the supporters is controlled by the Kasat Sabhara according to the directions M1 and M3; and the Kasat Binmas can negotiate with the supporters; while the Pam Troops, without tools, form a team like formation in front of the supporters who are blocking; and the Dalmas Troops use means of lining up behind it for Mobile Brigade Corps (Brimob) troops to carry out crossovers if further Dalmas are unable to cover the initial Dalmas; and then assistance from members of the Indonesian Military form lines on either side of the initial Dalmas, and water cannon cars shift behind Brimob troops, and the assistance of Brimob transport trucks can be used if the situation is urgent; and 2 K9 team units are attached behind the Mobile Brigade troops.
16. In preparation for securing the Arema F.C. vs. Persebaya match, the following activities have been carried out, namely field checks on 28 September, player evacuation simulations and rehearsals for company commanders on 30 September, and joint personnel calls and briefings from the Malang Police Chief on 1 October morning/afternoon;
17. Usually, the porter (part of checking tickets and attaching tickets to the audience) involves Aremania as during the 2022 President’s Cup the porter was from Aremania. But since the involvement of the New Indonesian League, porters no longer involve Aremania.
18. The chairperson of the organizing committee explained that his party had prepared an emergency plan as an effort to deal with major incidents that occurred in or around the Stadium. The emergency plan contains a Stadium plan that has exit points marked in case of an emergency, where there is also an analysis of vulnerabilities such as: traffic jams that will occur on several roads around Kanjuruhan Stadium which is prone to crowds outside the Stadium; alcohol is still a factor of misunderstanding between supporters in the grandstand area; flares and fireworks; along with the arrogance of some individuals in the VIP area and the main entrance. This emergency plan was submitted verbally on 30 September 2022 at 16.00 WIB at the Malang Police Tennis Court which was attended by the Kabag Ops, Kasat Reskrim, the Kasat Narkoba Malang Police, the stewards on duty at the door from the general element represented by Mr. Yani and Mr. Roni, and the TNI from the Zipur unit;
19. There were 250 match stewards during the Arema F.C. vs. Persebaya match with the task of ensuring that the spectators entering the Stadium complied with the regulations, namely: not carrying dangerous items such as flares, alcohol, lighters, smoke bombs, firecrackers, sharp weapons, firearms, drugs, etc. and have a ticket.
20. Whereas the security elements carrying tear gas were the Readiness Command of the Police (Samapta) and the Police Mobile Brigade (Brimob), specifically Brimob had 3 gas guns carried by 3 groups.
III. Factual findings when post-match violence occurred in the Stadium
1. The security situation at the time of the Arema F.C. vs. Persebaya match from the start of the match to the end of the match was still in a conducive condition.
2. After the match was over (starting at 09. 58 p.m.), it shows that there was a condition of chaos with the following chronology:
a) At 09.58 p.m., after the match ended, Persebaya players and officials entered the dressing room because some spectators threw water bottles and other objects from the stands while Arema F.C. players and officials gathered in the middle of the field.
b) At 10.00 p.m., several supporters of Arema (Aremania), up to approximately 200 people, began to go down to the field, wanting to get closer to the positions of the players and the Arema F.C. officials, so they rushed to the changing rooms accompanied by security officers (most of the spectators were still in the stands).
c) The number of supporters who broke into the field was increasing. It can be seen from the video recording that there were no dangerous actions from the supporters who entered the field. A number of military personnel and police officers were seen hitting and kicking them to drive the spectators off the field.
d) As found by the KontraS Federation from the video recordings of the audience that have been uploaded on the KontraS Federation’s YouTube account (https://www.youtube.com/watch?v=CuYukIVKkjU), the police officers fired tear gas at least 45 times during the 6 shooting phases.
• First phase
i. Tear gas shots were started by Brimob personnel at 10.08.57 p.m., with a total of 12 consecutive shots from the Southern corner of the field towards the South stand.
ii. Four shots were fired from the front of the VIP stands by the police from the Sabhara Unit towards the North and East stands (near the scoreboard).
• Second phase
i. At 10.10.22 p.m., the ball field was relatively controlled by the security forces, and many spectators had returned to the stands. There were a few small scuffles with a few spectators remaining in the corners, but it did not look too dangerous.
ii. The supporters in the East stand were seen shouting at their friends who came down to the field, asking them to return to the stands.
iii. At almost the same time, on the South side of the field, it seems that the audience returned to the field and started throwing things. A total of 9 supporters threw things and shouted at dozens of security officers who responded with 6 shots of tear gas fired successively at them. These shots were fired after a few seconds before it appeared that one of the police officers was giving the order to shoot. The wind was moving towards the South, making the smoke fill the Southern stands more and more.
iv. At 10.10.50 p.m., when the situation on the field was under control and fully controlled by the security forces, at the front of the VIP stand, three personnel of the Police Mobile Brigade (Brimob) moved in a planned manner to the East of the field and fired 3 shots of tear gas towards the East grandstand.
v. Shots were fired at the East stands where there was no threat in this area, causing hundreds of supporters from the North to return to the field, shouting and throwing objects onto the field at the crowd of officers who had fired the three tear gas shots. The security forces withdrew to the West side of the field.
• Third phase
i. At 10.12.26 p.m., the security forces retreated to the West side of the field while shooting at hundreds of Aremania supporters who were approaching them.
ii. From 10.12.20 p.m. to 10.12:21 p.m., members of the Mobile Brigade in the South were threatened and attacked by supporters from the North, firing tear gas towards the South stand where there was no chaos or threats to the security forces in this area. The South stand became even thicker with the smoke of tear gas.
iii. Responding to the successive shootings from security forces, supporters from the centre of the field began to move towards the security forces who had gathered in the Western part of the field. Some of the apparatus in the North West formed a kind of defensive formation.
• Fourth Phase (for approximately six seconds)
i. At 10.13.04 p.m., the security forces simultaneously attacked hundreds of Aremania supporters who were on the field and then successively fired tear gas at those who were on the field.
ii. At the same time, again, the security forces also fired tear gas towards the Eastern and Northern Tribunes.
iii. The supporters ran away from the field and returned to the stands and the field seemed to have been controlled by security forces.
• Fifth Phase (for approximately 11 seconds)
i. At 10.13.35 p.m., it was seen that there was an act of violence by the security forces (with army uniform) near the North gate towards a supporter. A bystander was beaten and dragged away by the security forces, and another bystander who saw this incident spontaneously attacked the security forces and saved him.
ii. This incident again sparked a mass of Aremania supporters to attack the security forces. And once again, the authorities responded by firing tear gas.
iii. After this incident, the situation were relatively under control. Several supporters were seen throwing tear gas projectiles back at the security forces.
• Sixth phase (for approximately 11 seconds)
i. At 10.14.43 p.m., without any incident behind it, suddenly, a number of personnel from the Police Mobile Brigade fired tear gas at the supporters in the South Tribune of the Kanjuruhan Stadium.
3. Regarding the shooting of tear gas, the National Commission on Human Rights reported:
• That, it was not only the Police Mobile Brigade (Brimob) that fired the tear gas, but also the Police Sabhara (the Medan Police Control Unit).
• The types of weapons used by the Police Mobile Brigade (Brimob) were tear gas launchers used for security which are long, smooth barrels (37/38 caliber ammunition), super pro flash balls (44 caliber), and anti-riot AGL (38 caliber ammunition). The tear gas ammunition used was stocked in 2019 and has expired.
4. About the Stadium door exit
1) At 10.00 p.m., all the small exit doors for the Economy Tribune were reported to be open; however, a number of witnesses reported that doors 12, 13 and 14 were closed. The exit flow of supporters from the stands to the outside of the Stadium looked smooth at doors 1, 2, 4, 5, 6, 8, 11 and 14. It was however found that they were found crushed into each other and as piles of masses until the doors could not be passed through at doors 3, 7, 9, 10, 12 and 13.
2) Due to the risky situation experienced by Persebaya football players and officials that occurred outside the Stadium due to threats in the form of throwing stones and attempts at violence, barracuda interceptions were used to save the Persebaya players and officials.
IV. Law Enforcement Processes
In this case, the police investigators have received two types of police reports, police report type A and type B:
1. Police Report Number: LP/A/31/X/2022/SPKT/POLRES MALANG/POLDA JAWA TIMUR, on 2 October 2022.
Under this police report, the criminal acts that are suspected are Article 170 and Article 212 of the Criminal Code.
Article 170 of the Indonesia Penal Code:
“Persons’ who with united forces, openly commit violence against person or property, shall be punished by a maximum imprisonment of five years and six months.”
Article 212 of the Indonesia Penal Code:
“A maximum imprisonment of one year and four months or a maximum fine of 300 rupiahs shall, being guilty of rebelliousness, punish any person who by violence or threat of violence resists an official acting in the lawful performance of his official duties.”
As of writing this report, it seems that the progress of the investigation into this alleged crime has not reached the investigation processes.
2. Police Report Number: LP/A/32/X/2022/SPKT/POLRES MALANG/POLDA JAWA TIMUR, 2 October 2022
Under this police report, the criminals are charged under Article 359 and Article 360 of the Criminal Code:
Article 359 of the Indonesian Penal Code:
“Any person by whose negligence the death of another person is caused, shall be punished by a maximum imprisonment of five years or a maximum light imprisonment of one year.”
Article 360 of the Indonesia Penal Code:
“Any person through whose fault is caused the serious physical injury of another person, or such physical injury that temporary illness or an obstacle arises in exercising his official activities, shall be punished by a maximum imprisonment of nine months or a maximum light imprisonment of six months or a maximum fine of 300 rupiahs.”
Police has named 6 suspects, including:
1. The Director of the Liga Indonesia Baru (LIB) Company
2. The Chairperson of the Organizing Committee of Arema F.C.
3. The Security Officer
4. The Commander of Kompi III Police Mobile Brigade, East Java Regional Police Office
5. The Head of the Division of the Operational Police Resort of Malang
6. The Head of the Unit Police Resort of Malang
Conclusions and Recommendations:
1. Based on the facts found in this investigation, strong allegations of crimes against humanity occurred in the Kanjuruhan Stadium. It is necessary to carry out a more in-depth analysis regarding systematic and widespread elements as the main elements in the incidents of crimes against humanity.
2. The investigation process carried out by the Police of the Republic of Indonesia by only using Articles 359 and 360 of the Criminal Code as well as Articles 170 and 212 of the Criminal Code will not be able to touch on all the criminal acts that occurred in the Kanjuruhan Stadium.
3. Whereas the announcement of the suspects stopped only at six people, it shows that the police investigation has not been able to touch on all the alleged perpetrators of crimes in the Kanjuruhan Stadium.
4. Whereas with the investigation process currently being carried out by the police, the families of victims, the victims, the Aremania community and the poor people in general feel they have not fulfilled their sense of justice. This is proven by the peaceful protest which was attended by tens of thousands of poor city residents every Sunday which has been going on for one month.
5. That a number of important figures (the East Java Regional Police Chief who was in charge at the time and the General Chairman of the PSSI/Indonesian Football Association) who could be suspected of being responsible for the Kanjuruhan incident have not been investigated and have not been touched by the law.
6. A number of criminal acts which fall within the ordinary crimes that can be charged to prosecute various criminal acts that are suspected of occurring, in the recommendation, can be described as follows:
a. For various beatings and violence that are categorized as ordinary and light abuse committed by the security forces against Aremania supporters, Article 351 paragraphs 1 and 4 of the Criminal Code and Article 352 of the Criminal Code can be imposed.
b. For the act of firing tear gas which results in the death of many spectators, officials who deliberately do so may be subject to Article 351 paragraphs 2, 3 and 4 of the Criminal Code
c. A number of security forces personnel who fired tear gas are suspected of having committed premeditated maltreatment, serious maltreatment, and premeditated serious maltreatment, in accordance with the provisions of Article 353, Article 353 paragraph 2 and Article 354 of the Criminal Code.
d. Many of the victims who were injured and died in the Kanjuruhan Stadium are children, thus the suspects can be charged under Article 76 paragraph c of Law, No. 35 of 2014 concerning amendments to Law, No. 23 of 2002 concerning Child Protection.
7. The scheme for the protection and restoration of victims’ rights (restitution and/or compensation) must be ensured that they are acceptable to victims and their families.
