Pertanggungjawaban Pidana atas Kekerasan Berbasis Identitas terhadap Warga Sipil di Papua Pegunungan dalam Perspektif Undang-Undang Nomor 39 Tahun 1999 Tentang Hak Asasi Manusia

Abstract

This study examines the legal construction of identity-based violence against civilians in Highland Papua and its implications for criminal liability from the perspective of Law Number 39 of 1999 on Human Rights. The research is important because recent incidents in Jayawijaya involved reports of separating members of a civilian group into Indigenous Papuans and non-Indigenous Papuans before three civilians were shot, followed by the killing of a travel driver from Toraja. The study employs normative juridical research using statutory, case, and conceptual approaches. Legal materials are analyzed qualitatively by testing the relationship between legal facts, human rights norms, criminal-law elements, and individual responsibility. The analysis indicates that the reported separation and statements directed at migrants provide grounds to examine identity-based violence, but do not by themselves conclusively establish discriminatory intent. The right to life, security, and freedom from cruel treatment are directly relevant under Law Number 39 of 1999. Criminal liability must be attributed individually under the applicable Criminal Code, including the rules on participation and racial or ethnic discrimination. The study emphasizes an integrated human-rights and criminal-law approach that protects civilians while preserving the principle of individual criminal responsibility.