Strengthen the Involvement of External Supervisors
In a press conference following the report’s submission, Komnas HAM commissioner Choirul Anam said that after conducting a factual analysis, Komnas HAM concluded it was an extrajudicial killing.
ILLUSTRATION: Revealing the cause of death of Brigadier J through the second autopsy.
Komnas HAM has handed over the results of their investigation into Brigadier J’s death to the National Police. Solving Brig. J’s murder case must also be followed by a thorough evaluation of the police.
JAKARTA, KOMPAS - The findings of an independent investigation conducted by the National Commission on Human Rights (Komnas HAM) into the death of Nofriansyah Yosua Hutabarat, also known as Brig. J. indicates the occurrence of extrajudicial killing. Komnas HAM has asked the National Police chief to conduct a thorough evaluation of the mechanism used to handle legal cases involving high-ranking police officers. The commission also asked the police to establish standardized procedures for the involvement of an external police supervisory agency.
On Thursday (1/9/2022), Komnas HAM submitted the findings of its investigation into Brig. J’s murder to the police.
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In a press conference following the report’s submission, Komnas HAM commissioner Choirul Anam said that after conducting a factual analysis, Komnas HAM concluded it was an extrajudicial killing. “Extrajudicial killing is a human rights violation. It violates the most basic human right, which is the right to life,” said Anam.
In addition, the Komnas HAM investigation also found evidence of the obstruction of justice in the investigation of Brig. J’s death. Witness testimonies were consolidated, in relation to the background of the incident, the crime scene and the alibi that former internal affairs chief Insp. Gen. Ferdy Sambo, who is a suspect in the alleged murder of Brig. J, was not at the crime scene when the murder occurred.
Ferdy Sambo also instructed his aide to learn about police use of force and firearms. There were also instructions to delete or get rid of anything that would substantiate the investigation, consolidate the crime scene and change the location of where the alleged sexual assault against Ferdy’s wife Putri Candrawathi occurred, from Magelang, Central Java, to Ferdy’s official residence in Duren Tiga, Jakarta.
It was also found that the crime scene was not handled in accordance with appropriate procedures, such as allowing certain parties to access the crime scene despite having no authority to, as well as sterilizing the official residence after journalists stopped by.
Komnas HAM also found evidence of the destruction, retrieval and removal of CCTV surveillance footage at the crime scene and its surroundings. It was also found that the crime scene was not handled in accordance with appropriate procedures, such as allowing certain parties to access the crime scene despite having no authority to, as well as sterilizing the official residence after journalists stopped by.
The investigation was then obstructed by the creation of a narrative using positional influence. This was done while other suspects destroyed evidence.
“We ask the National Police chief as the highest authority of the police to conduct a comprehensive evaluation of the mechanism used to handle legal cases involving high-ranking police officers and to establish standardized procedures for the involvement of an external police supervisory agency,” said Komnas HAM commissioner Beka Ulung Hapsara.
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Commissioner of the National Human Rights Commission (Komnas HAM) Beka Ulung Hapsara gives a statement to reporters before asking for information from the National Police's Labfor team at the Komnas HAM office, Jakarta, on Friday (5/8/2022).
To prevent cases like this from occurring again, Anam proposed that the police evaluate the law enforcement methods used amongst the police. In the event of a criminal act of torture, such as extrajudicial killing, the investigation should be led by investigators from an external agency as is done internationally. If any law enforcement officer violates the law, the investigation is carried out by an external agency.
“Investigations led by investigators from external agencies are important to avoid bias and conflicts of interest,” said Anam.
After receiving Komnas HAM’s recommendation, General Supervision Inspectorate chief Comr. Gen. Agung Budi Maryoto said it would be followed up by investigators. The findings of Komnas HAM’s investigation will also be followed up for both the investigation and trial.
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Suspect Ferdy Sambo (left) and suspect Putri Candrawathi while participating in a series of reconstructions of the murder of Brigadier Novriansyah Yosua Hutabarat at Ferdy Sambo's official residence at the Police House Complex, Jalan Duren Tiga Utara, South Jakarta, on Tuesday (30/8/2022).
Agung explained that the Komnas HAM report contained three points. First, the murder case, he said, has been deemed as premeditated murder in accordance to Article 340 of the Criminal Code. Meanwhile, Komnas HAM called it extrajudicial killing.
“It is the same actually. Among the police, it fits under Article 340,” said Agung, who also heads the police’s special task force on this case.
The Komnas HAM report also concluded that there were no criminal acts of violence or persecution against Brig. J. Apart from the murder, the report also highlighted other crimes, such as obstruction to investigation. In regards to this, investigators from the police's special task force have already addressed it.
Democratization of the police
Centre for Strategic and International Studies (CSIS) politics and social change researcher Nicky Fahrizal reminded that the police were a civil institution that had seen waves of democratization. Today, the police should be an institution that embodies the principles of constitutional democracy. This means that there must be checks and balances of their authority.
“The presence of a team or mechanism that allows external supervision of human rights violation cases involving the police is aimed at maintaining balance; so that there is no obstruction of justice,” he said.
Regulating internal and external supervision mechanisms can be done through a revision of that law. Both internal and external supervision must be ongoing.
According to Nicky, internal control mechanisms need to be formalized through a revision of Law No. 2/2002 concerning the National Police. Regulating internal and external supervision mechanisms can be done through a revision of that law. Both internal and external supervision must be ongoing.
Public Rlations Head Insp. Gen. Dedi Prasetyo (central).
Meanwhile, public relations head Insp. Gen. Dedi Prasetyo said on Thursday afternoon that the police’s special task force had named seven suspects for obstruction of justice. They are Ferdy Sambo, Brig. Gen. Hendra Kurniawan, Comr. Agus Nurpatria, Adj. Sr. Comr. Arif Rahman, Comr. Baiquni, Comr. Chuck Putranto and Adj. Comr. Irfan Widyanto. According to Dedi, these suspects destroyed cell phone and CCTV evidence and planted evidence at the crime scene as well.
Moreover, the police held another ethics code violation trial in relation to Brig. J’s murder. This time, Comr. CP was examined. “After that, the ethics trial will continue for the next three days,” said Agung Budi Maryoto. (DEA/PDS/NAD)
(This article was translated by Kesya Adhalia)
