The Legality of Military Involvement in Law Enforcement Operations Against Criminal Armed Groups in Indonesia’s Papua Province

• Main Authors: -, Sefriani, Mahardhika, Nur Gemilang
• Format: text
• Published: Animo Repository 2023
• Subjects: Papua; Criminal Armed Groups; Law Enforcement Operations; Military Involvement; Legality
• Online Access: https://animorepository.dlsu.edu.ph/apssr/vol23/iss4/4; https://animorepository.dlsu.edu.ph/context/apssr/article/1515/viewcontent/RA_203.pdf
• Institution: De La Salle University

This paper intends to (a) analyze whether the conflict in Papua meets the requirements to be categorized as a non-international armed conflict (NIAC) and (b) analyze the legality of the involvement of Indonesian National Armed Forces (Tentara Nasional Indonesia, TNI) in the Papuan conflict using the principles found in international human rights law and international humanitarian law. This normative juridical research employs the conceptual, statutory, and comparative approaches. The results of the study indicate that the threshold of NIAC has not been met in the Papuan conflict, especially the requirements for determining the organized armed groups, as well as the intensity of attacks. Attacks in Papua are sporadic, disorganized, disjointed, and conducted without a clear chain of command. Considering the NIAC status, which has not been achieved, what is then applicable in the Papuan conflict is law enforcement operation under international human rights law as opposed to conduct of hostilities under international humanitarian law. Under the standards of law enforcement operation, the involvement of TNI in the law enforcement operation against criminal armed groups is not absolutely prohibited as long as it satisfies the principles of law enforcement operation, namely legality, proportionality, accountability, necessity, and precautionary in carrying out their operations. This study establishes that the involvement of TNI in law enforcement operations against the KKB in Papua has not satisfied the aforesaid principles.