Minister Pigai rejects on-the-spot shooting of muggers proposal

Discussion of law enforcement by shooting suspects on the spot by police has become a public debate. A member of the DPR urged that it be implemented, while the government—through the Ministry of Law and Human Rights—opposed such action by law enforcement. Deputy Speaker of Commission III of the DPR Ahmad Sahroni previously proposed that police should not hesitate to take firm steps against muggers as cases have lately caused public unease. ‘This is also a concern, because it is not confined to a specific area, for example Makassar. I have already said it should be acted on and shot on the spot,’ Sahroni said at the parliamentary complex in Jakarta, Monday (18/5). Meanwhile, the Minister of Human Rights Natalius Pigai deemed the proposal to be a violation of human rights. He firmly rejected the shooting of someone without clear procedures and due process. ‘I do not permit people to be shot without clear procedures and due process,’ Pigai said when contacted on Friday (22/5). According to Pigai, muggers should not be shot on the spot. He said the phrase ‘shoot on the spot’ runs counter to human rights principles. Pigai emphasised that, according to international human rights principles, perpetrators of violence—even terrorists—must be arrested alive for legal processing. He explained there are two reasons perpetrators of violent acts should be arrested alive: first, to uphold the right to life; second, so they can be a source of information for authorities to uncover networks and motives. ‘He is a source of information, data, facts, information lives with him. Therefore, law enforcement can extract it,’ Pigai said. However, a different response was conveyed by Andreas Hugo Pareira, Deputy Chair of Commission XIII in charge of HAM of the DPR. According to Andreas, ‘shooting on the spot’ does not necessarily mean killing; it can mean shooting in the leg or arm to incapacitate. Therefore, the protocol for shooting on the spot must clearly be aimed at incapacitating criminals who threaten lives or the safety of others. ‘Regarding criminal acts that are violent and threaten the safety or lives of others, such actions by the perpetrator are, in fact, a human rights violation; thus police must uphold the human rights of the public by acting firmly,’ he said. According to Andreas, those provisions are already regulated in police protocols. Thus, police must protect the human rights of the public. ‘If not, the public will be seized by the mugglers,’ he added. Civil society protests The opposition to the practice of on-the-spot lethal force by authorities against suspected criminals, including muggers, was also voiced by civil society stakeholders. One of them was the YLBHI network and LBH Bandar Lampung, regarding orders issued by Lampung’s Police Chief. ‘The Lampung Police Chief’s statement directing police to shoot on the spot against mugger suspects is problematic, dangerous, and contrary to the rule of law. In a democratic country, law enforcement cannot be carried out through revenge or instant punishment outside judicial mechanisms,’ an official statement quoted from the YLBIH site reads. ‘The state must adhere to the principle of due process of law, meaning every person, including those suspected of committing offences, retains the right to a fair legal process and respect for the right to life,’ it continues. LBH Bandar Lampung emphasised that the crime of ‘begal’ or robbery with violence is indeed a very disconcerting crime in the republic, particularly in Lampung, and warrants serious attention from all parties, not only law enforcement, given the number of cases and victims. ‘However, Polri is not an institution mandated to take life without a clear legal process,’ it said. ’The police’s duty is to enforce the law professionally, proportionally, and accountably, not to become executioners on the streets through the legitimisation of