INDONESIA: A young man wrongfully shot with live bullets in Luwuk Banggai Central Sulawesi

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-019-2018
ISSUES: Child rights, Right to fair trial, Right to remedy,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information of the wrongful shooting of a young man, Aldi Prasetya, carried out by Police Officers of the Central Sulawesi Regional Police Station (Polda Sulawesi Tengah) and Luwuk Police Station (Polres Luwuk). Aldi was shot in the forehead while he and his friends were watching and recording a Protest in front of the Luwuk Banggai Parliament Building. All at once, there was fighting between the masses of people and the Police Officers who guarded the Parliament Building. As Aldi was leaving the place, a stray bullet hit him in the head and he became unconscious. He was hospitalized and according to the Doctor he was bleeding into his brain. And he could be in a coma for a long time. Today, Aldi’s mother is still seeking justice and compensation but faces uncertain law-enforcement procedures. The Police and the Local Government of Banggai forced her to accept money and stop her demands.

CASE NARRATIVE:

On August 28, 2017 there was a Dialogue on the problem of Ethnic Clashes between local ethnics and migrant ethnics in Banggai Regency, Central Sulawesi Province. The ethnic clash was the result of the sadistic murder of a young man belonging to the local Saluwan ethnic group. Allegedly, the murder was committed by a migrant ethnic person. It is now more than a week since the murder, yet the Police have not arrested the alleged perpetrators.

The Dialogue and Peaceful Protest was guarded by 6,000 Police Officers–a joint operation between Central Sulawesi Regional Police Station (Polda Sulawesi Tengah) and the Luwuk Police Station (Polres Luwuk). These Officers were deployed throughout the Regency. Approximately 200 Police Officers guarded the Peaceful Protest and the Dialogue in the Parliament Building. The 200 personnel were equipped with shields, rubber bullets and live bullets, tear gas and guns. Suddenly, bedlam erupted between the masses and the Police in front of the Parliament Building. People were throwing stones at the Police and the Police were shooting at the people using guns and tear gas.

At the time of the riot, Aldi along with his three friends passed the Parliament Building riding motorcycles. One of his friends made a video record of the riot from a distance of 500 meters.

Shortly thereafter, they decided to leave the place because the tear gas was affecting them. At this point, Aldi was hit in the head by a live bullet. Bleeding, he fell unconscious. Besides Aldi there were three other people in the riot area who also became victims of wrongful shootings. There is no clear information whether the three people were shot by live bullets or rubber bullets.

Immediately after the shooting, Aldi was transferred to local hospital in Lubuk Banggai (RSUD Lubuk Banggai). It is about 6 kilometers from the Parliament Building. The three persons who were shot were also brought to the hospital, two of them just bruised. When Aldi arrived at the local hospital, the Doctor operated to remove the bullet from his forehead. Afterwards, Aldi remained unconscious. Doctor Reza Nasution informed Aldi’s uncle, Mr. Boni Badalu, that the bullet which hit Aldi penetrated very deeply. He was in a worse condition than the other victims. Then, the Doctor suggested they transfer him to a more highly developed hospital in Makassar, South Sulawesi Province. Seemingly, the local hospital in Banggai did not have the proper equipment to treat Aldi adequately.

To complicate matters, the Police refused to move Aldi to Makassar Hospital. They transferred Aldi to the Police Hospital (Bhayangkara hospital) in Palu, Central Sulawesi Province. According to Aldi’s mother, between 29 to 30 August 2017, Aldi did not receive any medical treatment while he was a patient in the Police Hospital. Finally on August 31 the Police transferred Aldi to the Police Hospital in Jakarta (RS Polri). He needed an operation to drain the cerebral hemorrhage he sustained. After surgery, from September 1 to September 2, 2017 Aldi was still unconscious. On September 3, 2017 Aldi became conscious but suffered memory loss.

The Police blamed Aldi for being in the riot area in front of the Parliament Building at the time of the shooting and mass dispersal. Meanwhile the legal staff of Lubuk Banggai Regency requested Aldi’s mother to discontinue her demands including the Police Report about the shooting. Between, January to March 2018, Aldi’s mother has reported the case to the National Commission on Human Rights (Komnas HAM), the National Police Commission (Kompolnas), Provost and Security Police (Propam), the Presidential Staff on human rights and the Indonesia Child Protection Commission (KPAI). There have been no significant results and no proper Investigation undertaken by the Law-Enforcement agency in this case. Unfortunately, the Local Banggai Government together with the Police, forced Aldi’s mother to accept monetary compensation amounting to IDR 35,000,000 (Thirty Million Rupiah).

SUGGESTED ACTION:

Please write to the Authorities listed below. Ask them to ensure that the wrongful shooting of Aldi Prasetya be properly investigated and adequate remuneration provided to the victim. Moreover, the Police Headquarters in Mabes Polri must guarantee that the Police Officers who shot Aldi are prosecuted before the Criminal Courts. The trial should be conducted under fair trial principles and accessible to the public and the Media. It is up to The Victims and Witnesses Protection Agency (LPSK) to be responsible and see that the victim is entitled to and receives adequate compensation and proper medical treatment. Further, the Indonesia Child Protection Commission (KPAI) and the National Commission on Human Rights (Komnas HAM) must take more initiative to monitor and ensure a proper Investigation is undertaken by the Law-Enforcement agency in the case.
The AHRC will write a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for his intervention in this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________,

INDONESIA: A young man wrongfully shot with live bullets in Luwuk Banggai Central Sulawesi

Name of victims: Aldi Prasetya

Names of alleged perpetrators: Police Officers of regional Police Station of Central Sulawesi Province (Polda Sulawesi Tengah) and Luwuk Police Station (Polres Luwuk)

Date of incidents: 28 August 2017

Place of incident: In front of local the Parliament Building in Luwuk Banggai, Central Sulawesi Province

I am writing to voice my deep concern regarding the wrongful shooting of a young man, Aldi Prasetya, carried out by Police Officers of the Central Sulawesi Regional Police Station (Polda Sulawesi Tengah) and Luwuk Police Station (Polres Luwuk). Aldi was shot in the forehead while he and his friends were watching and recording a Protest in front of the Luwuk Banggai Parliament Building. All at once, there was fighting between the masses of people and the Police Officers who guarded the Parliament Building. As Aldi was leaving the place, a stray bullet hit him in the head and he became unconscious. He was hospitalized and according to the Doctor he was bleeding into his brain. And he could be in a coma for a long time. Today, Aldi’s mother is still seeking justice and compensation but faces uncertain law-enforcement procedures. The Police and the Local Government of Banggai forced her to accept money and stop her demands.

On August 28, 2017 there was a Dialogue on the problem of Ethnic Clashes between local ethnics and migrant ethnics in Banggai Regency, Central Sulawesi Province. The ethnic clash was the result of the sadistic murder of a young man belonging to the local Saluwan ethnic group. Allegedly, the murder was committed by a migrant ethnic person. It is now more than a week since the murder, yet the Police have not arrested the alleged perpetrators.

The Dialogue and Peaceful Protest was guarded by 6,000 Police Officers–a joint operation between Central Sulawesi Regional Police Station (Polda Sulawesi Tengah) and the Luwuk Police Station (Polres Luwuk). These Officers were deployed throughout the Regency. Approximately 200 Police Officers guarded the Peaceful Protest and the Dialogue in the Parliament Building. The 200 personnel were equipped with shields, rubber bullets and live bullets, tear gas and guns. Suddenly, bedlam erupted between the masses and the Police in front of the Parliament Building. People were throwing stones at the Police and the Police were shooting at the people using guns and tear gas.

At the time of the riot, Aldi along with his three friends passed the Parliament Building riding motorcycles. One of his friends made a video record of the riot from a distance of 500 meters.

Shortly thereafter, they decided to leave the place because the tear gas was affecting them. At this point, Aldi was hit in the head by a live bullet. Bleeding, he fell unconscious. Besides Aldi there were three other people in the riot area who also became victims of wrongful shootings. There is no clear information whether the three people were shot by live bullets or rubber bullets.

Immediately after the shooting, Aldi was transferred to local hospital in Lubuk Banggai (RSUD Lubuk Banggai). It is about 6 kilometers from the Parliament Building. The three persons who were shot were also brought to the hospital, two of them just bruised. When Aldi arrived at the local hospital, the Doctor operated to remove the bullet from his forehead. Afterwards, Aldi remained unconscious. Doctor Reza Nasution informed Aldi’s uncle, Mr. Boni Badalu, that the bullet which hit Aldi penetrated very deeply. He was in a worse condition than the other victims. Then, the Doctor suggested they transfer him to a more highly developed hospital in Makassar, South Sulawesi Province. Seemingly, the local hospital in Banggai did not have the proper equipment to treat Aldi adequately.

To complicate matters, the Police refused to move Aldi to Makassar Hospital. They transferred Aldi to the Police Hospital (Bhayangkara hospital) in Palu, Central Sulawesi Province. According to Aldi’s mother, between 29 to 30 August 2017, Aldi did not receive any medical treatment while he was a patient in the Police Hospital. Finally on August 31 the Police transferred Aldi to the Police Hospital in Jakarta (RS Polri). He needed an operation to drain the cerebral hemorrhage he sustained. After surgery, from September 1 to September 2, 2017 Aldi was still unconscious. On September 3, 2017 Aldi became conscious but suffered memory loss.

The Police blamed Aldi for being in the riot area in front of the Parliament Building at the time of the shooting and mass dispersal. Meanwhile the legal staff of Lubuk Banggai Regency requested Aldi’s mother to discontinue her demands including the Police Report about the shooting. Between, January to March 2018, Aldi’s mother has reported the case to the National Commission on Human Rights (Komnas HAM), the National Police Commission (Kompolnas), Provost and Security Police (Propam), the Presidential Staff on human rights and the Indonesia Child Protection Commission (KPAI). There have been no significant results and no proper Investigation undertaken by the Law-Enforcement agency in this case. Unfortunately, the Local Banggai Government together with the Police, forced Aldi’s mother to accept monetary compensation amounting to IDR 35,000,000 (Thirty Million Rupiah).

Therefore, I respectfully request you to ensure that the wrongful shooting of Aldi Prasetya be properly investigated and adequate remuneration provided to the victim. Moreover, the Police Headquarters in Mabes Polri must guarantee that the Police Officers who shot Aldi are prosecuted before the Criminal Courts. The trial should be conducted under fair trial principles and accessible to the public and the Media. It is up to The Victims and Witnesses Protection Agency (LPSK) to be responsible and see that the victim is entitled to and receives adequate compensation and proper medical treatment. Further, the Indonesia Child Protection Commission (KPAI) and the National Commission on Human Rights (Komnas HAM) must take more initiative to monitor and ensure a proper Investigation is undertaken by the Law-Enforcement agency in the case.

I look forward to your prompt action in this matter.

Yours Sincerely,

……………….

PLEASE SEND YOUR LETTERS TO:

1. Mr. Joko Widodo
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.go.id

2. Mr. Yasonna Laoly
Minister of Law and Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095

3. Dr. Mualimin Abdi SH., MH
Director General of Human Rights
Office of the Director General of Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095

4. General Pol. Drs. H.M. Tito Karnavian, M.A., Ph.D
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 KebayoranBaru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id

5. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
KebayoranBaru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.idskm@kompolnas.go.id

6. Professor. Amzulian Rifai S.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia 
Jl. HR. Rasuna Said Kav. C-19 Kuningan (GedungPengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05

7. Mr. Kahar Muzakir
Chairperson of the Commission III of The House of Representative 
Ketua Komisi III DPR RI 
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Telp : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566

8. Dr. Susanto, MA 
Chairperson of the Indonesia Child Protection Commission (KPAI)
Komisi Perlindungan Anak Indonesia 
Jl. Teuku Umar No. 10 Gondangdia Menteng Jakarta Pusat DKI Jakarta, Indonesia
Tel: +62 21 319 015 56
Fax: +62 21 390 0833

9. Mr. Abdul Haris Semendawai
Chairperson of the Agency for Victims and Witness Protection 
Lembaga Perlindungan Saksi dan Korban (LPSK) 
Jalan Raya Bogor KM. 24 No. 47-49, Susukan, Ciracas, RT.6/RW.1, Susukan, Ciracas, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13750
Tel: +62 21 29681560
Fax: +62 21 29681551 / +62 21 29681557

10. Mr. Ahmad Taufan Damanik 
Chairperson of the National Commission on Human Rights (Komnas HAM)
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id

Thank you.

Urgent Appeals Program
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-019-2018
Countries : Indonesia,
Issues : Child rights, Right to fair trial, Right to remedy,