The Kanjuruhan Stadium tragedy still captures the public’s attention to this day. The facts have yet to fully reveal what happened and who is responsible for the incident. The Criminal Law Department of the Faculty of Law, 51动漫 (FH UNAIR), in collaboration with the Center for Anti-Corruption and Criminal Policy Studies FH UNAIR and the Airlangga Center for Legal Drafting and Professional Development FH UNAIR held an offline group discussion forum discussing the Kanjuruhan Stadium tragedy on Friday (25 /11/2022). The discussion entitled “Criminal Responsibility for the Kanjuruhan Malang Tragedy Case” invited experts from various backgrounds, such as criminal law, pure chemistry, forensics, pharmacy, psychology, and human rights.
The three criminal law experts who were present as speakers at the discussion which was held at the Pancasila Hall, Building A FH UNAIR were Prof. Dr. Didik Endro Purwoleksono and Dr. Bambang Suheryadi, S.H., M.Hum. who is a criminal law expert at FH UNAIR and Prof. Dr. M. Arief Amrullah who is a criminal law expert at the Faculty of Law at the University of Jember (UNEJ).
Prof. Didik said that the case of the Kanjuruhan Stadium tragedy had not been inkracht or had not been decided by the court, but it cannot be denied that there were many fatalities in the tragedy. According to Prof. Educate, criminal law is used to seek material or complete truth. He referred to Presidential Decree Number 19 of 2022 concerning the Formation of a Joint Team of Independent Independent Fact Finding of the Malang Kanjuruhan Stadium Incident (TGPF-PSK) as a reference in studying the development of the case.
“The most important thing about this tragedy is that the Indonesian National Police (POLRI) immediately conducted an investigation and investigation into the Kanjuruhan Stadium tragedy because this tragedy resulted in fatalities and injuries. I examine this tragedy on whether it can be charged with the Criminal Code (KUHP), and how many articles can be imposed. So, I examine this tragedy from the criminal law perspective,” said Prof. educate.
He tried to study the Kanjuruhan Stadium tragedy based on Article 359 of the Criminal Code. In the context of Article 359 of the Criminal Code, explained Prof. Educate, which causes the death of another person, is included in the theory of forgetfulness. The idea of neglect consists of an element of inadvertence and insensitivity. Negligence, he continued, can occur consciously (bewuste culpa) or unconsciously (onbewuste culpa).
“You have to find out the questions that arise. I recommend that POLRI and the TNI (Indonesian National Army, ed) immediately follow up on investigations into POLRI and TNI officers and parties who have taken extreme action in post-match riots. In addition, POLRI also needs to continue the process of handling criminal cases that are being handled,” he said.
The next speaker, Prof. Arief, said that to analyze the case, it is not enough just to read the Criminal Code but must examine it from the perspective of other fields or especially addressing other experts outside the legal field, such as forensic experts and so on. According to him, criminal law cannot stand alone. In criminal law, he continued, the facts must be sought through inductive truth and then analyzed which article is appropriate to apply.
“We also want to know the facts that happened. Approach with inductive truth first, then look for which article is right to apply. But one thing is clear. This tragedy is extraordinary on a national and international scale because it claimed lives. There are victims. There are many things to consider, including the victim aspect,” said Prof. Arief.
The last speaker Dr. Bambang Suheryadi, emphasized that an act is considered a criminal act is seen whether there is an act against the law, as well as mensrea and mental attitude. To apply a criminal penalty, he continued, it needs to be proven through causality or a causal relationship.
“Between actions and consequences, there must be causality. The first is the causal relationship between the act and the person’s death. So the death of that person must be checked one by one, the cause of death is tear gas or the stampede. Two things must be proven in this tragedy, namely a causal relationship between the action and the inner attitude of the perpetrator and an inner or subjective relationship so that the perpetrator realizes that the act caused death. The culpa must be large enough to determine if it is included in the negligence and lack of caution. Criminal responsibility is carried out when the perpetrator has an inner attitude towards his actions,” he concluded.
