Heru Kurniawan, Prija Djatmika, Milda Istiqomah
Papua, with its unique sociopolitical dynamics, has long been a focal point for discussions on separatist movements and their implications for Indonesia's national unity. The region's complex history and ongoing tensions often place its sociopolitical landscape in direct conflict with the broader national framework of the Unitary State of the Republic of Indonesia (NKRI). In response to perceived threats, Articles 106 and 110 of the Indonesian Penal Code (KUHP) are frequently invoked as legal tools to suppress activities that are considered treasonous or subversive. However, their application often blurs the lines between genuine national security threats and peaceful political expression, raising critical concerns about the balance between state sovereignty and individual freedoms. This study employs a normative juridical method with a case-based approach, focusing on court decisions involving treason in Papua from 2018 to 2023. The findings reveal a consistent pattern of sentencing that predominantly targets actions interpreted as threatening national security, often disregarding their peaceful nature. The data highlight the disproportionate impact on indigenous Papuans and young activists, who are frequently subjected to severe legal consequences for symbolic acts such as raising flags or participating in non-violent protests. These legal practices raise significant questions about the compatibility of Indonesia's approach with international human rights standards, particularly those outlined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR). The study underscores the urgent need for judicial reform and the development of more precise interpretive guidelines for treason laws. Such reforms are essential to prevent the criminalization of peaceful political expression and to foster a legal framework that better aligns with democratic principles and human rights. Achieving this balance is critical for addressing the sociopolitical tensions in Papua while safeguarding both national security and civil liberties. © 2025 Malque Publishing. All rights reserved.
Faculty of Law, Brawijaya University, East Java, Malang, Indonesia
