This case is considered not only a concern for the people of Yahukimo but also a matter of justice for all Papuans and Indonesians. The shooting, carried out by members of the police and Brimob’s Damai Cartenz task force against Tobias Silak, a member of Bawaslu Yahukimo, has sparked massive protests from various elements of society.
Case Progress: A Slow Investigation Process
Following the shooting on August 20, 2024, the Papua Regional Police (Polda Papua) formed an investigation team that has questioned more than 30 witnesses, including victims and suspected perpetrators. The investigators also secured several pieces of evidence and conducted a case review to determine further legal steps.
On December 11, 2024, the legal team representing the victims’ families, led by Emanuel Gobay, SH, MH, visited Polda Papua to inquire about the case’s progress. However, investigators stated that the case file (Berita Acara Penyidikan or BAP) could not be submitted to the prosecutor’s office due to the year-end holiday.
As the new year began, on January 13, 2025, Polda Papua issued a Case Investigation Progress Report (SP2HP), stating that two individuals had been named as suspects. However, two other perpetrators had yet to be processed, despite strong evidence suggesting their involvement as key actors in the shooting.
The legal team believes that this delay is a deliberate attempt to obstruct justice—an issue that has repeatedly occurred in human rights violation cases in Papua. Previously, they had reported the investigators of Polda Papua to the Professional and Security Division (Propam) for alleged unprofessional handling of the case.
According to the legal team, all evidence, witness statements, and the death certificate of Tobias Silak are sufficient to elevate the suspects to defendants and immediately detain them. However, the legal process remains slow, with no clear resolution in sight.
Komnas HAM’s Investigation and Public Discontent
The National Commission on Human Rights (Komnas HAM) of Indonesia conducted an investigation in Yahukimo from September 23-26, 2024. However, to this day, the findings have not been made public—especially to the victims' families and the Yahukimo community, who had formally submitted their demands through a peaceful protest on September 25, 2024.
Due to mounting pressure from various groups, Komnas HAM eventually issued a confidential recommendation to Polda Papua and the victims' families on December 16, 2024. In this recommendation, four suspects were identified:
Muh Kurniawan Kudu
Fernando Alexander Aufa
The two individuals above were officially declared suspects by Polda Papua investigators on January 13, 2025. However, no further legal action has been taken against them, and the other two suspected perpetrators remain unprocessed.
According to Front Justice for Tobias Silak, this situation demonstrates that Polda Papua is deliberately stalling the legal process and protecting its personnel from accountability for human rights violations. They argue that this is a recurring tactic used to cover up similar cases in Papua, ultimately fostering impunity for human rights violators.
Demands from Front Justice for Tobias Silak
In response to various irregularities in the legal process, Front Justice for Tobias Silak has outlined the following key demands:
Polda Papua must immediately arrest, prosecute, and dismiss the four Brimob officers involved in the Damai Cartenz task force.
Polda Papua must officially charge the two remaining suspects as defendants, in accordance with Komnas HAM RI’s recommendations.
The people of Yahukimo and various solidarity groups have declared that they will not stop demanding justice for Tobias Silak and Naro Dapla. They hope that law enforcement authorities will act transparently and accountably in handling this case.
"Arrest, Dismiss, and Prosecute the Perpetrators of Tobias Silak’s Shooting to the Fullest Extent of the Law!" they chanted at the public forum held in Yahukimo.
With growing public pressure, the victims’ families hope that this case will be resolved promptly and not be left in legal limbo—something that has happened far too often in human rights violation cases in Papua.
(Reporter: Doni Siep)
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