Nduga who later were tried separately at the Jayapura III Military Court and
the Timika District Court.
46. Komnas HAM takes note of the just decisions of the Jayapura III Military
Court against the accused TNI officers as of: life imprisonment, 20 and 15
years imprisonment. However, it should be noted that this case is still in the
appeal process.
47. A case of gross human rights violations on the Paniai case was tried in the
Human Rights Court, with the case: 1/Pid.Sus-HAM/2022/PN Makassar.
However, the court only charged 1 (one) low-rank military officer as a suspect.
Later the suspect was declared not guilty. Currently, the Paniai case is still at
the cassation stage at the Supreme Court.
48. Regarding the Wasior and Wamena case, Komnas HAM has complied with the
Attorney General's recommendation to separate the case into 2 (two) dossiers
due to different tempus and locus. However, the human rights court for the
cases has not yet been established.
K. Prohibition of torture and other cruel, inhuman, or degrading treatment or
punishment and treatment of persons deprived of their liberty
49. Komnas HAM takes a positive note on the inclusion of legal norms that have
made torture a form of crime according to the new Criminal Code (Law
Number 1 of 2023) with a maximum penalty of 7 (seven) years in prison.
50. Throughout 2020 - 2021, Komnas HAM has handled 100 cases with 46 dying
victims as a result of torture, cruel, and degrading treatment by law
enforcement officers. The acts of torture included beatings, kicking, electric
shocks, urination, forcing to drink urine, denudation, stripping, and dragging
using motorized vehicles. Of the 100 cases handled by Komnas HAM, only 22
were processed, either through legal process or by internal police mechanisms,
and most of the perpetrators were not punished.
51. The majority of the 100 cases related to torture mentioned above were torture
that occurred during the investigation process when law enforcement officers
inquired about information. To prevent and reduce the possible use of torture
during interviews, Komnas HAM encouraged law enforcement agencies to set
up procedures to use cameras in every investigation.
52. Komnas HAM also encourages procedures for investigating any law
enforcement officers who commit torture to be carried out by external
investigation officers to ensure a fair, transparent, and objective legal process.