Conflict in West Papua has been around for quite some time. Separatist and guerilla groups have not ceased their efforts in spreading hoaxes and hate toward the Indonesian government.
The main cause of the conflict was different interpretations of history. Up to date, those groups insist that their independence was declared by New Guinea Raad. They spread the news to support that the idea of integration into Indonesia as invalid. Thus, they use the idea to ask everyone to join them in the separatist movement.
To overcome the problem, the government demanded the Indonesian army take all necessary measures. In taking the measures, they follow several rules. One thing is certain. No one can break international law.
Thus, you will learn about military operations policies below.
Legal Considerations of Military Operations in West Papua
When learning about policies, we should also learn about the law. The Indonesian army and police have different functions. Thus, there should be a separate law regulating them. Thus, the government built Law no. 34 of 2004 on the Indonesian army.
Law no. 34 of 2004
In Article 5, it was stated that the Indonesian army acts as a state’s national guard in the field of defense. Article 6 further states that it functions as a national defender against all kinds of military and armed threats from outside and inside the country. They should also find measures to settle those threats as well as restore the state security condition after every disorder.
Article 7, paragraph 1 states that the key tasks of the army are enforcing the national sovereignty, maintaining the integrity of Indonesia territory according to Pancasila and the 1945 Constitution of the Republic of Indonesia, protecting the nations from all threats and interferences against the integrity of the nations and the country.
Military Operation Policies
In Article 7, paragraphs 2 and 3 of the same law, it is stated that the Indonesian army will carry out combat operations and non-combat operations in performing its tasks. Both operations should be performed based on political polities and decrees of the state.
The army mobilization is related to the situation of the state. The foundation of the state of emergency and danger was regulated in law. The law states that the state of emergency enforcement is under the President’s authority. Thus, the President should make a statement about the danger to enable the Indonesian army to function unless the army cannot perform its function.
In addressing the issue in West Papua, the Indonesian government mostly used the security approach rather than using persuasive approaches. This makes some people in Papua support the separatist group and call the government a colonizer.
The security or military approach is a combat operation to tackle the separatist group rebellion. The military operation includes territorial, intelligence, and combat operations.
Territorial operation is a soft operation. It uses a persuasive measure to win the West Papua people’s hearts. Intelligence operation aims at mapping the situation of a territory or a group of people. It also measures attitude and social and political tendency in an area or of a group of people. The results are then used to make future decisions.
The army frequently performs combat operation. Several combat operations performed to tackle the separatist group include Wisnumurti, Sadar, Bharatayuda, Pamungkas, Koteka, Senyum, Gagak, Kasuari, and Rajawali Operations.
Military Operation Policies in the International Humanitarian Law
The international humanitarian law contains two regulations regulating legal policies of war. The first regulation regulates methods and equipment to be used at war, while the second regulation regulates protection against victims of war. The regulations are also known as the Law of Den Haag.
The law also follows two principles. First, the right of belligerents to adopt means of injuring the enemy is not unlimited. The second is the “Martens Clause” principle. The clause states that if a regulation has not been regulated in the International Humanitarian Law, a decision that follows should refer to the International Law principles. The principles should be constructed based on practices in various countries, the law of humanity, and people’s conscience.
In response to the 1949 Geneva Conventions, the Indonesian government constructed Law no. 59 of 1958. The fourth Geneva Convention stated that Law of Den Haag and Law of Geneva are the main references of the International Humanitarian Law. Thus, Indonesia should comply with and obey the law. Indonesia has also ratified various international instruments.
Viewing limitation in armed conflict as stated in the decree of Dusko Tadic case in ICTY and Additional Protocol II in 1997, armed conflict occurred when there is continuous use of armed forces between the regulating government and organized armed groups or between two armed groups.
Based on the facts, the armed group in West Papua does not meet the criteria stated in the law. They are still on a level of security troublemaker movement. However, Article 3 of the Geneva Convention does not prohibit the government from maintaining public order, keeping integrity and unity through legal measures, and considering regulated humanity aspects. 19087-ID-kebijakan-operasi-militer-tentara-nasional-indonesia-terhadap-organisasi-papua-m.pdf (neliti.com)
