The Asian Human Rights Commission (AHRC) regrets the repeated allegations of violence by security forces, this time experienced by Ridwan (21) at Nunukan Regency, North Kalimantan Province. The victim was allegedly subjected to violence by 10 (ten) police officers. The violent incident is known to have occurred in several locations, specifically in front of the Naufal Store, Jl. Tien Suharto, as well as boarding houses around the Pasar Baru Nunukan area on Sunday, December 26, 2021.
Based on the information we have received; the act of violence began when the victim waved to a motorcyclist who he has thought was a friend of his in the early hours of the morning at 00.10 AM on Jl. Tien Suharto. However, the wave led to a fight and the pointing of firearms at the victim because it turned out that the motorcyclist was not a friend of the victim. Furthermore, several perpetrators took the victim to a boarding house in the area around the new Nunukan market. There, the victim was again abused by the perpetrator and his colleague who allegedly came to help from the police dormitory.
Around 06.00 WITA the victim tried to escape, in the process of escaping the victim was getting caught and more abused. The victim suspected that the perpetrators of the beating were members of the police because one of the groups who came from the police dormitory to the boarding houses was a victim’s colleague. The victim was able to survive with the help of his colleague and then the victim’s partner took the victim to the victim’s house. During the persecution, the victim was mistreated by hitting his head with a firearm, cutting the victim’s hair with a knife, throwing cigarette stubs at the victim, and severing the cigarette stub on the victim’s neck. The next day, December 27, 2021, the victim and the victim’s family received a post-mortem for the injuries suffered by the victim. As a result, the victim suffered a number of abrasions and bruises, such as on the face, shoulders and back.
Regarding this incident, the victim’s family and victim have submitted a report to the Nunukan Police Propam on 26 December 2021 with Report Number: STPL/01/XII/HUK.12.10./2021/Sipropam. Although the report is being processed by the Propam Polres Nunukan, the police are still obliged to carry out investigations and prosecutions into this case. Because, in our opinion, the incident experienced by the victim is a criminal incident, so the process of resolving this case must be completed through the criminal justice mechanism and must not stop at the ethical/disciplinary process alone.
If this case proceeds to the investigation process, we are of the opinion that the police can apply Article 351 paragraph (1) of the Criminal Code regarding persecution, which states: “Maltreatment is punishable by a maximum imprisonment of two years and eight months” or Article 333 of the Criminal Code relating to deprivation of liberty. a person, Article 333 paragraph (1) of the Criminal Code states: “Anyone who intentionally detains (seizes freedom) a person or continues the prisoner against his rights, is sentenced to a maximum imprisonment of eight years” (2) If the act causes serious injury, he is guilty of imprisonment nine years forever.”
We consider that this incident adds to the black list of human rights violations by the police institution. Based upon the report produced by a national human rights organiaztion, the Commission for the Dissapearances and Victims of Violence (KontraS) special report on torture, based on information and media monitoring throughout 2021, violence and torture committed by the Indonesian National Police was 637 cases. This fact shows that the police institution has not been serious in improving the work of the police to be more humane as a whole. Furthermore, this is inseparable from the unequal power relations between the security forces and civilians and the culture of violence within the Police that has not disappeared.