A researcher from Imparsial, Hussein Ahmad, said that the military operation carried out by TNI troops was illegal because it was not in accordance with Article 7 Paragraph 3 of Law Number 34 of 2004 concerning the TNI. The military operation is also considered to have encouraged human rights violations in Cenderawasih Earth. Hussein said this during the Swarga Fest discussion with the theme “Armed Violence in Papua: When Will It End?”.
“It then becomes problematic that the military operations carried out in Papua are actually illegal operations. There is no legal basis that can justify military operations in Papua at this time,” he said, Friday (10/12) afternoon.
Article 7 Paragraph 3 of Law Number 34 of 2004 concerning the TNI states that operations for war or not must be based on state political decisions. Therefore, according to Hussein, it can be concluded that the state’s political decisions are the decisions of the president after consulting with the DPR.
“The question is sending troops to Intan Jaya and making posts in Papuan villages, is there a presidential decree? Until now, the legal basis that underlies whether military operations are legal or not, does not exist until now,” said Hussein.
Although the military operations carried out by TNI troops in Papua are not in accordance with the law. However, neither the executive nor the DPR-MPR have protested about military operations that are not in line with Article 7 Paragraph 3 of Law Number 34 of 2004 concerning the TNI.
“The MPR and the DPR as supervisory institutions, especially Commission I, have never protested. Their authority was suddenly exceeded by sending troops, which we don’t know how many. They should have been opened. Unfortunately, members of the DPR and the government are not concerned about this issue. against it,” said Hussein.
Meanwhile, Kelvin Molama from the Papuan Student Alliance, assessed that the problems that had occurred in Papua since 1962 until now were the work of the military. Military operations carried out under the pretext of securing and protecting the Papuan people, he said, often lead to human rights violations. Now the Papuan people hope to celebrate Christmas in peace, but military operations are still being carried out, such as in Maybrat, Yahukimo, and Nduga Regencies.
“There are still people displaced due to military operations. Christmas cannot be celebrated in a peaceful atmosphere,” he said.
For the full and original article in Bahasa Indonesia, click here.
