President Jokowi establishes team to investigate the tragedy in Kajuruan and Komnas HAM plans to take case to the UN

President Jokowi establishes a fact-finding team to further investigate the tragedy in Kajuruan Stadium

To unearth the Kanjuruhan tragedy that killed 131 people, President Jokowi, on 4 October 2022, signed Presidential Decree Number 19 of 2022 concerning establishing an Independent Joint Fact-Finding Team for the Malang Kanjuruhan Stadium incident. TGIPF is formed by the Coordinating Minister for Political, Legal, and Security Affairs as Chairman, the Deputy Chairman of the Minister of Youth and Sports, a secretary Nur Rochmad and nine members: 1) Rhenald Kasali, 2) Sumaryanto, 3) Akmal Marhali, 4) Anton Sanjoyo, 5) Nugroho Setiawan, 6) Doni Monardo, 7) Suwarno Sri Handayani, 8) Laode M. Syarif, 9) Kurniawan Dwi Yulianto. TGIPF was tasked with searching, finding, and revealing facts supported by reliable data and information on the Malang Kanjuruhan Stadium incident.

TGIPF submitted its findings to the President on 14 October 2022. Several things were conveyed by the Chairman of TGIPF (Independent Joint Fact Finding Team), Mahfud MD, to the public. Among them were:

  • The cause of the deaths and injuries was the stampede after tear gas was sprayed. BRIN (National Agency for Research and Innovation) will examine the level of toxicity in the gas. However, the examination results from BRIN would not change the fact that the mass deaths were mainly caused by the use of tear gas.
  • During examination all stakeholders avoid taking responsibility; all take refuge under formally valid rules and contracts. The TGIPF said that the PSSI Management and its sub-organizations must be responsible based on official rules but also based on morals. Based on the rules is a legal responsibility, but the law as a norm is often unclear and can be manipulated. So it goes up to the principle of responsibility for what the law is, solus populis suprema lex, the safety of the people is a law that is higher than the existing law. And that has happened; the safety of the people has been trampled underfoot.

The TGIPF said that the PSSI Management and its sub-organizations must be responsible based on official rules but also based on morals. Based on the rules is a legal responsibility, but the law as a norm is often unclear and can be manipulated. So it goes up to the principle of responsibility for what the law is, solus populis suprema lex, the safety of the people is a law that is higher than the existing law. And that has happened; the safety of the people has been trampled underfoot.

TGIPF’s final note is, as underlined by the President, that the National Police must continue criminal investigations against people who are strongly suspected of being involved and must be held criminally responsible in this case. There are many findings that the Police can explore. As for moral responsibility, each of them is welcome to take the necessary steps as a form of accountability for civilized Indonesian people.

Until now, after the press statement from TGIPF, there have been no quick steps taken by law enforcement, such as detaining suspects who have been determined. There has also been no official statement from the parties mentioned in the TGIPF report on who should be legally and morally responsible.

Komnas HAM plans to take the case to the UN Human Rights Council

The large number of casualties in the Kanjuruhan tragedy made Komnas HAM plan to take the case to the United Nations Human Rights Council (UN). Komnas HAM monitored the investigation of this case because of alleged human rights violations.

Komnas HAM Commissioner Beka Ulung Hapsara said that the alleged human rights violations were due to the involvement of officials, especially when firing tear gas into the stands of the spectators.

“The officials also use other state resources, such as the tools used by the police,” said Komnas HAM Commissioner Beka Ulung Hapsara.

Komnas HAM has sent a letter to FIFA requesting information regarding how FIFA statutes are used as the basis for creating PSSI statutes. Komnas HAM stated that it has the mandate to intervene with the United Nations if there are cases of human rights violations that have not been resolved.

In a press release, Komnas HAM Commissioner for Investigations, M Choirul Anam, also said that the UN Human Rights Council often highlights issues that receive public attention in Geneva. That is why Komnas HAM may use the complaint mechanism to the UN Human Rights Council regarding the Kanjuruhan tragedy. “Usually, issues that big issues that get public attention and so on get attention in Geneva.” “There is a mechanism, and we think we will use that mechanism,” he continued.

Further HRM news: https://humanrightsmonitor.org/case/human-rights-violations-should-not-go-unpunished-in-the-tragedy-at-kanjuruhan-stadium-at-least-131-people-dead/