On 5 May 2025, members of the Damai Cartenz Police Unit arbitrarily arrested 17-year-old Papuan high school student, Ivan Kabak, in Dekai town, Yahukimo Regency, Papua Pegunungan Province.
While the initial arrest itself was arbitrary, serious human rights concerns in this case also arise from the subsequent criminal proceedings, which demonstrate systemic violations of the right to a fair trial, including denial of legal counsel, prosecutorial failure to prove charges, and a conviction issued outside the scope of the indictment.
Following his arrest, Ivan Kabak was charged under Article 340 of the Indonesian Criminal Code (premeditated murder) in connection with an alleged roadside incident in Kali Woh on 3 May 2025. The article carries a potential sentence of life imprisonment or up to 20 years' imprisonment, despite Ivan being a minor at the time of the alleged offence.
Throughout the proceedings, the prosecution repeatedly expanded and shifted its narrative, associating Ivan with several unrelated and grave crimes, including killings in Angguruk District and Korowai, without presenting credible evidence or formally indicting him for those acts. These allegations were nonetheless allowed to circulate in the courtroom and public discourse, undermining the presumption of innocence.
The Public Prosecutor failed to establish the essential elements of Article 340, notably intent, premeditation, and a causal link between Ivan Kabak's actions and any lethal outcome. Acknowledging this failure, the prosecution ultimately abandoned its initial position and requested a five-year prison sentence, a demand fundamentally inconsistent with the original charge. The defence consequently requested a full acquittal, arguing that the indictment was not legally proven and that continued prosecution violated the principle of nullum crimen, nulla poena sine lege, and the right to legal certainty.
Despite the prosecution's inability to substantiate the indictment, the panel of judges at the Wamena District Court found Ivan Kabak guilty under the Electronic Information and Transactions (ITE) Law and sentenced him to one year of imprisonment on 16 December 2025. (see photos in top and below, source: independent HRD)
Human rights analysis
The court decision constitutes a serious breach of fair trial guarantees, as Indonesian criminal procedure law (KUHAP) explicitly prohibits judges from convicting an accused based on legal provisions that were not included in the indictment. Article 193(1) KUHAP explicitly limits judicial conviction to the criminal act (perbuatan pidana) as formulated in the indictment (surat dakwaan). By introducing and applying the ITE Law ex officio, the court deprived the defence of the opportunity to prepare and contest the charge, violating the principles of equality of arms, legal certainty, and the right to defence.
The judicial handling of Ivan Kabak's case reflects multiple and cumulative violations of the right to a fair trial, among them the erosion of the presumption of innocence through the introduction of uncharged and unproven allegations, the failure to acquit despite the prosecution's inability to prove the indictment, the conviction outside the scope of the charges, amounting to judicial arbitrariness, and the discriminatory patterns in the treatment of Mr Kabak as indigenous Papuan, suggesting political and racial bias within the justice system.
Detailed case data
Location: Wamena, Jayawijaya Regency, Highland Papua, Indonesia (-4.0921497, 138.9461887) Wamena District Court
Region: Indonesia, Highland Papua, Jayawijaya, Wamena
Total number of victims: 1
1. Ivan Kabak, male 17 Indigenous Peoples, Student fair trial
Period of incident: 01/06/2025-16/12/2025
Perpetrator: Judiciary
Perpetrator details: Prosecutor and judges at the Wamena District Court
Issues: indigenous peoples