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wp 1) Constitutional Court already revoked article used to convict Viktor Yeimo

May 9, 2023
Constitutional Court already revoked article used to convict Viktor Yeimo
News Desk – Viktor Yeimo’s Treason Trial
8 May 2023

Yogyakarta, Jubi – The Constitutional Court has, in fact, revoked in 2007 the article used by the panel of judges of the . Viktor Yeimo’s lawyer Latifah Anum Siregar revealed this on Saturday, May 6, 2023, a day after the conviction.

“The panel of judges, in their ruling on Friday, found Viktor Yeimo to have violated Article 155 of paragraph (1) of the Criminal Code. However, the Constitutional Court has declared Article 155 to no longer have any legal force,” said Siregar.

According to Siregar, the Constitutional Court’s Decision No. 6/PUU-V/2007, which was read during the Plenary Session on July 17, 2007, clearly states that Article 154 and Article 155 of the Criminal Code are inconsistent with the 1945 Constitution. The decision also declares that these articles have no legal force. “The decision explicitly declares that Article 154 and Article 155 of the Criminal Code are unconstitutional,” Siregar said.

After reading the verdict, the panel of judges led by chief judge Mathius and consisting of member judges Andi Asmuruf and Linn Carol Hamadi, ordered Viktor Yeimo to remain in detention. However, Siregar stated that this order was null and void.

“The detention was founded upon the verdict that found Viktor Yeimo guilty. Nonetheless, he was convicted based on an article that has been invalidated by the Constitutional Court. Hence, we argue that Viktor Yeimo’s confinement, which started after the verdict was read, is not legitimate,” she said.

She further urged the judges of the Jayapura District Court to abide by the Constitutional Court’s decision that invalidated Article 155 of the Criminal Code. She stressed that Article 155 should no longer be included in any indictments, prosecutions, or court decisions.

Siregar pointed out that the Constitutional Court’s Decision has explicitly stated that Articles 154 and 155 of the Criminal Code were abolished due to their excessive restriction on freedom of expression, which contradicts Articles 28 and 28E Paragraph (2) and Paragraph (3) of the 1945 Constitution. These articles were revoked because they were too often used to criminalize the articulation of one’s views.

In the treason case, Viktor Yeimo was alleged for his involvement in the anti-racism protest in Jayapura on August 19 and 29, 2019, which condemned the racist remarks directed at Papuan students at the Kamasan III Student Dormitory in Surabaya on August 16, 2019.

Viktor Yeimo faced two indictments in his case. The first indictment accused him of committing treason, instructing others to commit, and participating in it as outlined in Article 106 in conjunction with Article 55 paragraph (1) of the Criminal Code. The second indictment accused Yeimo of conspiring to commit treason, as stipulated in Article 110 paragraph (1) of the Criminal Code.

Yeimo faces two more charges in addition to the previous two indictments. In the third indictment, he is accused of the offense of inciting, ordering, or participating in treason by providing assistance or opportunities, according to Article 110 paragraph (2) of the Criminal Code. The fourth indictment alleges that Yeimo incited others through oral or written means to commit a criminal act, engage in violence against public officials, or disobey the law or official orders, which violates Article 160 of the Criminal Code in conjunction with Article 55 paragraph (1) of the Criminal Code.

On April 27, 2023, the public prosecutor found Viktor Yeimo guilty for the offense charged in the first count of Article 106 in conjunction with Article 55 paragraph (1) of the Criminal Code. The prosecutor sought a 3-year imprisonment sentence for Viktor Yeimo.

In the verdict read out on Friday, the judges declared the first, second, third, and fourth charges against Viktor Yeimo could not be proven. However, they found Yeimo guilty of breaking Article 155 paragraph (1) of the Criminal Code, and sentenced Yeimo to 8 months of imprisonment.

According to Siregar, the Panel of Judges’ decision went beyond the Public Prosecutor’s request, which is called Ultra Petita. Siregar argued that even if the judges wanted to sentence Yeimo based on an article not mentioned in the prosecutor’s charges, the article used to convict the defendant should still refer to the one in the prosecutor’s indictment. However, in Yeimo’s case, the judges sentenced him based on an article not included in the prosecutor’s indictment, which is now revoked by the Constitutional Court. Siregar pointed out that this verdict punished Yeimo with an article that has been declared invalid by the Constitutional Court.

According to her, the judges’ decision went beyond what was requested by the public prosecutor, which is known as “Ultra Petita.” Siregar argued that even if the judges wanted to sentence Yeimo based on an article not mentioned in the prosecutor’s charges, the article used to convict the defendant should at least correspond to the article in the prosecutor’s indictment.

Siregar said the Coalition for Law Enforcement and Human Rights for Papua is currently exploring different options and legal actions that can be taken in response to the decision made by the judges of the Jayapura District Court. (*)


2) OPM Responds to Susi Pudjiastuti’s Rage concerning Susi Air Pilot
Translator Dewi Elvia Muthiariny
Editor Mahinda Arkyasa
8 May 2023 18:00 WIB

TEMPO.CO, Jakarta – The West Papua Liberation Army of the Free Papua Movement (TPNPB-OPM) rejected a protest by the owner of Susi Air, Susi Pudjiastuti, regarding the detaining of Susi Air pilot Philips Mark Mehrtens. According to OPM, Susi is part of the colonialist.

“Susi is part of the colonial government that colonized Papua,” said TPNPB-OPM spokesman Sebby Sambom on Monday, May 8, 2023.

Previously, Susi expressed her anger at the hostage-taking of the Susi Air pilot during a phone call with a Papuan figure Pastor Karel Phil Erari. In the circulating call recordings, Susi was angry because the armed criminal group (KKB) opened fire on the Indonesian Military (TNI) troops who were trying to evacuate Philip.

Susi said she had never done anything bad to the people of Papua and considered the KKB’s actions against the pilot unfair.

Susi said that she often helped the people of Papua by providing food, education, and medicine. Susi Air’s flights often helped serve transportation for the people. “[Susi Air] has been flying in Papua for almost 20 years, I have helped the community,” Susi argued.

Sebby considered Susi Pudjiastuti’s statement and anger to be fabricated. He believed that Susi was part of the Indonesian government since she had served as Minister of Maritime Affairs and Fisheries.

In addition, he asserted that the flights carried out by Susi Air were not aimed at helping the people of Papua but were part of a business to earn money in the region.

“So Susi thought that what she did was not colonialism? That’s weird,” Sebby said.

Sebby also said that the pilot was also part of the occupiers and the TNI for pocketing a flight permit issued by the TNI Commander. “They are part of the Indonesian security force,” he added.

Sebby emphasized that Papua does not need Susi Air’s help, as well as infrastructure or school development. According to him, Papuans can build their own infrastructure and schools when they are independent.

“We don’t need your airplane, we don’t need development. If we are independent, we will build it ourselves with our money and natural wealth,” Sebby concluded.


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