Legal Analysis Regarding Alleged Violations During Demonstration Against Strategic Project Development Nagari Air Bangis, West Sumatra

Abstract

Expressing opinions in public through protest is a fundamental human right that is protected by the 1945 Constitution of the Republic of Indonesia, as well as various international human rights instruments like the UDHR and ICCPR. Additionally, Indonesian laws and regulations, including Law no. 39 of 1999 concerning Human Rights and Law no. 9 of 1998 concerning Freedom to Express Opinions in Public, provide recognition and protection for this right. In the case of alleged violations of this right, such as the violence experienced by residents of Nagari Air Bangis during a protest demonstration. It is very important to have a clear understanding of the background surrounding the demonstration protest organized by the residents of Nagari Air Bangis sparked by agrarian conflict which there is state interference. From that accident, there are various provisions of Indonesian laws and regulations have been breached. These include repressive law enforcement officials, excessive use of force, arbitrary arrests and detention, arrests of legal representatives, and intimidation of journalists. Procedures for controlling crowds and the use of force are regulated by Indonesian Police Regulation No. 1 of 2009 and Indonesian Police Chief Regulation No. 6 of 2006, respectively. Furthermore, protection for journalists reporting on such events is provided for under Law No. 40 of 1999 concerning the Press. Provisions regarding arrest and detention by the police cannot be carried out arbitrarily, it must refer to Law No. 8 of 1981 concerning Criminal Procedure Law.