Faculty of Law, 51动漫 (FH UNAIR) held a focus group discussion discussing the Kanjuruhan Stadium tragedy on Friday (25/11/2022). The forum which was held offline at the Pancasila Hall, Building A FH UNAIR, was initiated by the Center for Anti-Corruption and Criminal Policy Studies and the Airlangga Center for Legal Drafting and Professional Development in collaboration with the Criminal Law Department of FH UNAIR.
Almost two months have passed since the Kanjuruhan Stadium tragedy, but to this day, it has yet to be revealed with certainty what should have happened and who should be responsible for it. The discussion entitled “Criminal Responsibility for the Kanjuruhan Malang Tragedy Case” was here to answer all questions regarding the Kanjuruhan Stadium tragedy through the opinions of experts and experts in criminal law, pure chemistry, pharmacy, forensics, psychology, to human rights.
One of the speakers at the forum was the Dean of FH UNAIR, a human rights expert, Iman Prihandono, S.H., LL.M., Ph.D. Iman said the Kanjuruhan Stadium tragedy did not include incidents of genocide or war crimes because it did not fulfill the elements contained in genocide and war crimes. The Kanjuruhan Stadium tragedy, said Iman, was not a genocide because there were no ethnic, class, religious, or other elements involved in the genocide. In addition, he continued, the Kanjuruhan Stadium tragedy was not a war crime because it did not include war, armed conflict, or aggression.
“The most likely to make the Kanjuruhan Stadium tragedy a serious violation of human rights is in the category of crimes against humanity. However, if you want to examine the crime against murder again, the elements are not fulfilled. For example, some important elements, such as widespread and systematic, are not fulfilled in this tragedy. Systematically, there must be a policy and a pattern, while the Kanjuruhan Stadium tragedy is just an isolated incident,” said Iman.
Iman went on to explain that this tragedy was not included in extermination. For extermination, he said, there must be efforts to limit a population in obtaining food, water, and other rights, whereas in the Kanjuruhan Stadium tragedy, this did not happen. To be categorized as crimes, he added, must also fulfill the elements of mensrea and actus reus.
“War crimes are not included because they do not fulfill the elements contained in war crimes, such as large scale, cumulative effect, continuing, and extraordinary magnitude,” said the lecturer in the International Law Department of FH UNAIR.
Iman made an analogy with the case that occurred in Papua. According to him, a policy from the government regarding how to handle security occurred in Papua. At the same time, during the Kanjuruhan Stadium tragedy, the government had no policy specifically regarding how to handle the situation.
“There is no policy from the government that if there is a football riot, then it is permissible to kill it. We discussed crimes against humanity earlier, and the possibility is that the Kanjuruhan Stadium tragedy would be included in the category of murder, but the elements in the category of murder were not fulfilled. We have to see a pattern in the handling of crowds at football matches and also applied to the Kanjuruhan incident,” he said.
