Extra Judicial Killing: A Legal and Social Analysis

Legal Literacy - This article discusses the phenomenon of extrajudicial killing from a legal and social perspective, including its definition, cases in Indonesia, social and political impacts, and prevention efforts. This article also presents international case studies and analyzes the importance of fair law enforcement to prevent human rights violations.

Introduction

Extrajudicial killing is a term that refers to killings carried out outside the framework of the law. It is an action taken by certain parties, such as law enforcement officials or individuals acting on behalf of the state, without due process of law. Extrajudicial killing is often considered a serious violation of human rights because it disregards the basic principles of justice and due process of law.

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Definition and Forms of Extrajudicial Killing

Extrajudicial killing can occur in various forms, including:

1. Killings by Law Enforcement Officials: This is the most common form, where police or military officials execute someone without a trial.
2. Enforced Disappearance: Individuals who are illegally arrested and subsequently disappear without a trace, often resulting in death.
3. Killings in Armed Conflict: In conflict zones, unlawful killings are frequently perpetrated by both state and non-state actors.
4. Killings by Vigilante Groups: Groups that take the law into their own hands to enforce what they perceive as justice.

Cases of Extrajudicial Killing in Indonesia

Indonesia has a long history related to cases of extrajudicial killings. Some well-known cases include:

1. The Assassination of Human Rights Activist Munir: Munir Said Thalib, a human rights activist, died on a flight to the Netherlands in 2004. Investigations revealed that he was poisoned, but the legal proceedings against the perpetrators remain controversial.
2. Mysterious Shootings (Petrus): In the early 1980s, a series of killings were carried out by unknown individuals against those considered criminals or thugs. To this day, the case remains a major question mark regarding the involvement of authorities.
3. Killings in Military Operations in Papua: There are many reports of extrajudicial killings carried out by security forces in military operations in Papua. These reports are often difficult to verify due to very limited access to the area.

Social and Political Impacts

Extrajudicial killings have a broad and profound impact on society and politics. These impacts include:

1. Human Rights Violations: Extrajudicial killings are a serious violation of the right to life, which is guaranteed by various international human rights instruments.
2. Loss of Public Trust: When society sees that the law is not being enforced fairly, they lose confidence in law enforcement agencies and the judicial system.
3. Social and Political Polarization: Extrajudicial killings often trigger ethnic, religious, and political tensions, which can exacerbate polarization in society.
4. Impunity: When perpetrators of extrajudicial killings are not punished, it creates a culture of impunity, where violations of the law are considered normal and have no consequences.

Legal Perspective

National Law

In Indonesia, the constitution and various laws explicitly prohibit extrajudicial killings. Some relevant legal instruments include:

1. 1945 Constitution: Article 28I guarantees the right to life and prohibits all forms of arbitrary deprivation of life.
2. Civil Code Criminal Law (Criminal Code): Articles in the Criminal Code explicitly prohibit murder and deprivation of life without due process of law.
3. Law Number 39 of 1999 concerning Human Rights: Regulates various human rights, including the right to life and the right to legal protection.

International Law

At the international level, various legal instruments also prohibit extrajudicial killings, including:

1. Universal Declaration of Human Rights: Article 3 states that everyone has the right to life, liberty, and security of person.
2. International Covenant on Civil and Political Rights (ICCPR): Article 6 prohibits arbitrary deprivation of life and affirms the right to life as a non-derogable right under any circumstances.
3. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT): Prohibits all forms of torture and cruel acts that may cause death.

Prevention Efforts and Law Enforcement

To prevent and address extrajudicial killings, various concrete steps are needed, both from a legal, policy, and social perspective. Some efforts that can be made include:

1. Strengthening the Legal Framework: Strengthening laws and regulations prohibiting extrajudicial killings, and ensuring their consistent enforcement.
2. Reform of Law Enforcement Institutions: Improving the professionalism and accountability of law enforcement institutions through training, supervision, and the imposition of strict sanctions for violations.
3. Monitoring and Reporting: Establishing an effective monitoring and reporting mechanism to identify and address cases of extrajudicial killings.
4. Education and Public Awareness: Enhancing public awareness of human rights and the importance of fair law enforcement through education and outreach campaigns.

International Case Studies

Besides Indonesia, extrajudicial killings also occur in various other countries. Some case studies that can be learned from include:

1. Philippines: Under the administration of President Rodrigo Duterte, the anti-drug campaign has claimed thousands of lives without due process. Reports from human rights organizations indicate that many of these killings constitute extrajudicial killings.
2. Brazil: In some regions of Brazil, police are frequently involved in extrajudicial killings, especially in slum areas. The high level of violence by security forces is a major concern in human rights violations in the country.
3. Egypt: Following the military coup in 2013, the Egyptian government has been accused of carrying out extrajudicial killings against supporters of the ousted president and opposition activists. Reports from various international organizations indicate a pattern of systematic violations by security forces.

Conclusion

Extrajudicial killing is a serious phenomenon that violates the fundamental principles of human rights and the rule of law. Cases in Indonesia show that despite a clear legal framework, enforcement remains weak and often inconsistent. Therefore, comprehensive and sustained efforts are needed to prevent and address extrajudicial killings, including through reforms of law enforcement institutions, strengthening the legal framework, and education and public awareness. At the international level, case studies from various countries show that extrajudicial killing is a global problem that requires attention and joint action from the entire international community. With appropriate measures, it is hoped that cases of extrajudicial killings can be minimized and justice can be served for all parties.