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Detention update: Son Balingga's arbitrary detention exceeds legal limits as authorities shift responsibility

Source
Human Rights Monitor - October 7, 2025

Indonesia, West Papua – The arbitrary detention of Mr Son Balingga, a civilian wrongfully arrested in Yahukimo on 5 August 2025, has now exceeded 120 days without any evidence linking him to armed groups or criminal activity, violating Indonesian criminal procedure laws (KUHAP). He has been subjected to four detention extensions totalling 120 days as of 5 October 2025, significantly exceeding legal limits without any evidence presented against him or formal charges filed.

Efforts by Son Balingga's relatives and the West Papua National Committee (KNPB) to secure his release have been systematically obstructed through authorities shifting responsibility between agencies. When the family came to the Yahukimo District Police headquarters on 4 October 2025, officers directed them to coordinate with the Koramil since the case originated as a military complaint.

When meeting with Koramil leadership the same day, military officials claimed they had transferred the case to police jurisdiction and directed the family back to the police station, while also suggesting coordination with the Kodim (District Military Command). The bureaucratic confusion has prevented the family from obtaining Mr Balingga's release through any official channel despite three separate attempts to coordinate with military authorities.

Legal analysis

Under Indonesian criminal law (KUHP) and the presumption of innocence principle, individuals arrested on suspicion must be released if police cannot find sufficient evidence during legally prescribed detention periods. Mr Son Balingga's 120-day detention without evidence violates Article 24 KUHAP, constitutional guarantees of presumed innocence, and rights to legal rehabilitation for wrongfully detained persons. His arrest occurred because he passed through an area where an unknown person had shortly before committed a robbery, with the initial detention based solely on accusations by a TNI member operating undercover as a fuel vendor.

The KNPB Yahukimo and Mr Balingga's relatives have issued seven demands, including immediate release by Yahukimo Police, withdrawal of the military complaint recognising Mr Son Balingga as a victim, legal rehabilitation of his good name, cessation of illegal civilian arrests, and intervention by Papua's National Human Rights Commission and humanitarian organisations.

As of this update, Mr Son Balingga remains detained at Yahukimo Police Station beyond the legal deadline of 5 October 2025. His continued imprisonment without evidence or formal charges exemplifies how law enforcement in West Papua operates outside legal frameworks and beyond accountability. His case highlights urgent needs for independent oversight of detention practices, accountability mechanisms for security forces engaging in arbitrary arrest, legal aid access for detained individuals, and protection of civilians' rights in conflict-affected regions.

Source: https://humanrightsmonitor.org/news/detention-update-son-balinggas-arbitrary-detention-exceeds-legal-limits-as-authorities-shift-responsibility

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