Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the decision issued by the police investigators of South Jakarta Police Office discontinuing the investigation into a brutal attack against Mr. Aldo Felix Januardy, a public lawyer at Jakarta Legal Aid. Since the attack was reported to the police, there has been no clear information about the progress of the investigation, and without going through the proper mechanisms, the police investigators have suddenly discontinued the investigation. In the meantime, there are many witnesses who witnessed Mr. Aldo being attacked by the Civil Service Police Unit (Satpol PP) during his advocacy effort to stop forced evictions in Bukit Duri, Tebet, South Jakarta.
UPDATED INFORMATION:
After Mr. Aldo Felix Januardy, a public lawyer who works in Jakarta Legal Aid (LBH Jakarta), was brutally attacked by a Civil Service Police Unit (Satpol PP) in Bukit Duri, Tebet, South Jakarta, he filed a report at the South Jakarta Police Office. The case was registered as No. 146/K/I/2016/PMJ/Dit. Reskrimum, on 2 January 2016.
Mr. Aldo was attacked because of his advocacy effort along with local residents in Bukit Duri to negotiate with the Jakarta government, in particular Satpol PP and other state apparatus, regarding the forced eviction in Bukit Duri.
At the time, Aldo requested the government to stop the forced eviction as the local residents had filed a lawsuit against the decision letter of the Jakarta government in the administration court (PTUN). However, the Satpol PP ignored the request,and insisted on forcibly evicting the residents from their homes in Bukit Duri.
After a year, the police investigators of South Jakarta Police Office suddenly issued a decision letter No S. Tap/23/V/2017/Restro Jaksel regarding discontinuing the investigation process upon the case of Mr. Aldo Felix Januardy. The letter vaguely states that the investigation process is discontinued due to a lack of evidence, with no further explanation. According to the Indonesian Law of Criminal Procedure, the police investigators are mandated to invite all parties in this case to attend the case examination (gelar perkara); by avoiding this, the investigation is unlawful.
ADDITIONAL INFORMATION
In Indonesia’s legal system, case examination is regulated under the KUHAP, National Chief Police Regulation Number 12 of 2009 concerning Supervision and Control of Criminal Case Handling in the Police and also National Chief Police Regulation No 14 of 2012 concerning Investigation Management for Criminal Cases.
The above regulations note that case examination is an important part of the investigation process, and should involve or at least notify parties in the case. This stage is very important for the investigators to determine whether or not the case will be continued or discontinued. Therefore, the investigators cannot issue recommendations without passed these mechanisms.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that the police investigators must clearly provide explanation for why the case of Mr. Aldo Felix Januardy is discontinued. The Chief of South Jakarta Police Office (Kapolres Metro Jakarta Selatan) and the Chief of Jakarta Metropolitan Police Office (Kapolda Metro Jaya) should ensure credible and independent accountability as to whether the decision letter discontinuing Mr. Aldo’s case is taken properly and lawfully. Further, if there is strong evidence of unfair trial practices, the police should prosecute the investigators who misused their power and authority.
The AHRC will write separate letters to the UN Special Rapporteur on the situation of human rights defenders calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDONESIA: Police investigators improperly discontinue investigation concerning attack and violence against a public lawyer
Name of victim: Mr. Aldo Felix Januardy, a public lawyer at the Jakarta Legal Aid (LBH Jakarta)
Names of alleged perpetrators: Police officers of South Jakarta Police Office (Polres Metro Jakarta Selatan)
Date of incident: May 8, 2017
Place of incident: Jakarta, Indonesia
I am writing to voice my deep concern regarding the decision issued by the police investigators of South Jakarta Police Office discontinuing the investigation into a brutal attack against Mr. Aldo Felix Januardy, a public lawyer at Jakarta Legal Aid. Since the attack was reported to the police, there has been no clear information about the progress of the investigation, and without going through the proper mechanisms, the police investigators have suddenly discontinued the investigation. In the meantime, there are many witnesses who witnessed Mr. Aldo being attacked by the Civil Service Police Unit (Satpol PP) during his advocacy effort to stop forced evictions in Bukit Duri, Tebet, South Jakarta.
After Mr. Aldo Felix Januardy, a public lawyer who works in Jakarta Legal Aid (LBH Jakarta), was brutally attacked by a Civil Service Police Unit (Satpol PP) in Bukit Duri, Tebet, South Jakarta, he filed a report at the South Jakarta Police Office. The case was registered as No. 146/K/I/2016/PMJ/Dit. Reskrimum, on 2 January 2016.
Mr. Aldo was attacked because of his advocacy effort along with local residents in Bukit Duri to negotiate with the Jakarta government, in particular Satpol PP and other state apparatus, regarding the forced eviction in Bukit Duri.
At the time, Aldo requested the government to stop the forced eviction as the local residents had filed a lawsuit against the decision letter of the Jakarta government in the administration court (PTUN). However, the Satpol PP ignored the request,and insisted on forcibly evicting the residents from their homes in Bukit Duri.
After a year, the police investigators of South Jakarta Police Office suddenly issued a decision letter No S. Tap/23/V/2017/Restro Jaksel regarding discontinuing the investigation process upon the case of Mr. Aldo Felix Januardy. The letter vaguely states that the investigation process is discontinued due to a lack of evidence, with no further explanation. According to the Indonesian Law of Criminal Procedure, the police investigators are mandated to invite all parties in this case to attend the case examination (gelar perkara); by avoiding this, the investigation is unlawful.
In Indonesia’s legal system, case examination is regulated under the KUHAP, National Chief Police Regulation Number 12 of 2009 concerning Supervision and Control of Criminal Case Handling in the Police and also National Chief Police Regulation No 14 of 2012 concerning Investigation Management for Criminal Cases.
The above regulations note that case examination is an important part of the investigation process, and should involve or at least notify parties in the case. This stage is very important for the investigators to determine whether or not the case will be continued or discontinued. Therefore, the investigators cannot issue recommendations without passed these mechanisms.
Therefore, I respectfully request you to ensure that the police investigators must clearly provide explanation for why the case of Mr. Aldo Felix Januardy is discontinued. The Chief of South Jakarta Police Office (Kapolres Metro Jakarta Selatan) and the Chief of Jakarta Metropolitan Police Office (Kapolda Metro Jaya) should ensure credible and independent accountability as to whether the decision letter discontinuing Mr. Aldo’s case is taken properly and lawfully. Further, if there is strong evidence of unfair trial practices, the police should prosecute the investigators who misused their power and authority.
I look forward to your prompt action in this case.
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. Police Inspector General Idham Azis
The chief of the Jakarta Metropolitan Police Command
Kapolda Metro Jaya
Jalan Jenderal Sudirman Kav. 55, Jakarta Selatan, DKI Jakarta 12190,
INDONESIA
Tel: +62 21 5234000
Fax: +62 21 5709250
Email: bidhumas@metro.polri.go.id, humas.pmj@gmail.com
6. 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.id, skm@kompolnas.go.id
7. 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
8. H. Bambang Soesatyo, S.E., M.B.A
Chairperson of the Commission III of The House of Representative
KetuaKomisi 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
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. Nur Kholis
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)
