Luke Enembe’s Case Must Be Settled Criminally, Not Customarily

By: Nabila )*

The Governor of Papua, Lukas Enembe, is currently in the spotlight of the Indonesian people, especially Papuans, for cases of corruption and gratification related to the APBD in Papua Province. The Corruption Eradication Commission (KPK) has named Lukas Enembe as a suspect in corruption, gratification, laundering of funds for the management of the Papua PON, to gambling abroad which cost billions of rupiah.

The Papuan people are angry and disappointed over the corruption case that ensnared Lukas Enembe. The anger was due to the corruption he carried out when there were still many Papuan people living below the poverty line to development in Papua which had not developed in recent times.

The KPK summoned Lukas Enembe to be questioned as a suspect on September 12, 2022, but he was not present due to kidney problems, shortness of breath, high blood pressure, and stuttering speech. The second summons was returned by the KPK at the KPK Red and White Building on September 25, 2022, but he continued to fulfill the call on the grounds that his health had not improved.

Twice absent from the KPK summons, several billion rupiah accounts belonging to Lukas Enembe have been blocked by the Financial Transaction Reports and Analysis Center (PPATK) and the KPK has also submitted a request to prevent Luke Enembe from traveling abroad to the Directorate General of Immigration.

Lukas Enembe’s health condition, which did not allow him to be examined, prompted his family and legal counsel to ask that Lukas Enembe not need to go to Jakarta to be examined, because his case was judged to be resolved by adat. Lukas Enembe’s attorney, Aloysius Renwarin stated that this was because Lukas Enembe was appointed as the Chief of the Big Tribe on October 8, 2022, which means all affairs will be transferred to the prevailing customs in Papua.

However, people who are already disappointed with Lukas Enembe’s actions have urged him to resign from his position and immediately comply with the KPK’s summons. One of the Papuan Indigenous Leaders, Cornelis Doyapo, emphasized that Lukas Enembe was not the Chief of the Papuan Tribe. He also said that as a leader, Luke should have been in front and had the courage to sacrifice for the community instead of hiding behind his people. This statement is in stark contrast to the statement of Luke Enembe’s attorney.

Another Papuan traditional leader, Nikolas, said he was worried that the recognition of Lukas Enembe as the Head of the Papuan Tribe could cause unrest and rejection from tribal communities throughout Papua because the Papuan people only wanted peace.

Not only the community, the Papuan Traditional Leaders also fully support the KPK to immediately conduct an examination of Lukas Enembe regarding the corruption and gratification cases that ensnared him. Nikolas also stated firmly that Lukas Enembe should not involve Papuan customs, communities, and extended families to maintain his good name, because these methods are customary law that should not be used in resolving cases of corruption and gratification of state officials.

Coordinator of the Indonesian Anti-Corruption Society (MAKI), Boyamin Saiman said that corruption cases cannot be applied using customary law, but must be carried out by criminal law. This is because the losses incurred by Lukas Enembe were experienced by the state, not traditional institutions in Papua so that criminal law is the right decision in investigating the corruption case of Lukas Enembe.

The Papuan community requested that Lukas Enembe be able to cooperate with law enforcement officials in the process of his self-examination. If it is not proven, Lukas Enembe must be able to show proof that he is not guilty before the KPK.

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