GENERAL COMMENT SSD PPIG
No: 02/KS/KU/X/PPIG/2022
The Use of Tear Gas in The Kanjuruhan Tragedy
- On October 1 2022, there was a riot at the Kanjuruhan Stadium, in Malang, Indonesia, which was sparked by the entry of Arema Malang supporters into the field. To make the situation conducive, the police fired tear gas into the field and spectator stands. The East Java Police Chief, Nico Afinta, stated that the use of tear gas was in accordance with the procedure to prevent supporters from entering the field and causing anarchy.
- According to Peraturan Kapolri No.1 Tahun 2009, Pasal 5 ayat 1, there are 6 stages in the use of force in police action, in which, the use of tear gas is imposed in the fifth stage (permissible after attempts of: preventive efforts, verbal command, soft barehand control, hard barehand control).
- This is followed by Pasal 5 ayat 2 Peraturan Kapolri No. 1 Tahun 2009, where, in choosing the stages of the use of force, members of the police force must adjust the level of threat from criminals or suspects by taking into account the principles in Pasal 3 Peraturan Kapolri No. 1 Tahun 2009—which divides the use of police force into six principles: legality, necessity, proportionality, general obligation, preventive, reasonable.
- Pasal 7 ayat 1 dan 2 Peraturan Kapolri No. 1 Tahun 2009 provides an explanation in regards to the procedures for implementing the use of force in police actions.
In each stage of the use of force as referred to in Peraturan Kapolri No.1 Tahun 2009, Pasal 5 ayat 1, can be followed by verbal communication of persuading, warning and ordering to stop. Furthermore, the article also stated that at every level of danger to members of the police force or the community faced with, there is a particular use of force: passive action with non-physical force, aggressive action with a blunt force such as tear gas, and aggressive action with the use of firearms.
- In accordance with the articles above, the Strategical Studies Division of PPI Groningen can provide an opinion that the use of tear gas is one stage before the final stage, namely the use of force with firearms. What distinguishes the two is the nature of the threat, where if the threat faced requires immediate aggressive action, the use of firearms is allowed.
In addition, there are alternatives to dealing with aggressive actions other than using tear gas, namely pepper spray, blunt weapon control, or other tools in accordance with police standards.
- Before deciding to use tear gas at the Kanjuruhan Stadium, the Indonesian Police has an obligation to prioritize preventive (preventing incidents that disrupt public order), proportionality (between the threat level and the use of balanced force) and necessity (whether the use of force is necessary or not) approaches.
- Based on the Office of the United Nations High Commissioner for Human Rights (OHCHR) Resource Book on the Use of Force and Firearms in Law Enforcement, it is stated that the use of tear gas to deal with situations related to public order is the final choice in the use of force. As it is difficult to target specific people and it will be more likely to harm people who are not involved.
- The OHCHR Manual on Human Rights Training for Law Enforcement Official 2017 states that in order to limit the risk of injury to victims, law enforcers should consider not using riot control agents (pepper spray and tear gas): in a closed space, numerous times in a short timeframe, straight at the people). Furthermore, after the use the riot control agents, law enforcement must always carry out an effective and accountable investigation.
- Article 19 of the FIFA Stadium Safety and Security Regulation stipulates that in order to protect players and officials as well as to enforce public order, it is permissible for the police to guard the field without carrying or using firearms or tear gas. If there is a high risk of field invasion or crowd disturbance, consideration should be given to allowing police officers to occupy the front row of seats in the stadium if deemed necessary to increase attendance and overall capability.
- It is important to note that the rules issued by OHCHR and FIFA are not legally binding on the Indonesian Police (POLRI) as these rules fall into the category of soft law (not legally binding). Hence, the Police do not have a legal obligation to comply with these rules. However, these rules are made based on careful consideration by international bodies that have expertise and experience in their respective fields.
