Investigation of Abepura Case National Commission of Human Rights (KOMNAS HAM) of Indonesia issued the letter of decision No:

020/Komnas HAM/II/2001 related to the formation of The Inquiry Commission Violation of Human Rights in Papua (KPP HAM Papua) in February 5th 2001. The formation of KPP HAM Papua related to the presumption of gross violation of human rights in the Abepura case which occurred on 7 December 2000. In its report, KPP HAM Papua / Irian Jaya stated that the background Abepura incident cannot be separated from the state policy towards Papua, where state policies are embodied in the Regional Operations and Development Network Conditioning Communication Addressing Political Direction Irian Jaya (Papua) To Freedom and Break Away From the Republic of Indonesia. The document which the reference frames of the government's overall operating plan to deal with the movement of people who are classified as Papuan separatist movement. KPP HAM Papua / Irian Jaya also stated that Abepura event begins on December 7, 2000 in which an attack by an unknown mass against Mapolsek Abepura police that resulted in one person died and three other people were injured. After the events of the attack, Police Commissioner Jayapura Drs. David Sihombing assisted by the Police Mobile Brigade Commander Task Force Irian Jaya Comr. Drs. Johny Wainal Usman, pursuit and detention of persons suspected as the perpetrators of these attacks. In conclusion, KPP HAM Papua / Irian Jaya stated that the police pursuit undertaken and the Papua Police Brimobda Ninmin residence halls, residential Kobakma Mamberamo and Wamena, Yapen Waropen student dormitories, residence of tribal communities Lani, Yali tribe, the tribe and the dorm Anggruk Ilaga Student Association, has indicated that gross human rights

violations carried out in a systematic and widespread form of torture, summary killings, persecution, physical deprivation of freedom or liberty arbitrarily, arrest and Unlawful arrest and detention, the violation of property rights, and involuntary displaced persons. Based on the whole series of crimes against humanity that have been presented, the KPP HAM Papua / Irian Jaya conclude the parties allegedly involved, and divide the party into two groups, namely:

1. Direct actors. Be individuals suspected of committing crimes against humanity and other human rights violations directly that members of the police in Irian Jaya by the local police and Brimob Regiment Unit III B KORBRIMOB Police Battalion were in BKO-right in Jayapura police station. 2. Operations Controller and Responsibility December 7th, 2000 Order and Safety Policy in Irian Jaya. Be individuals suspected of committing crimes against humanity for his actions and positions at the controller level and the person in field operations. Number of people suspected as the controller operation and Responsibility December 7th, 2000 Order and Safety Policy in Irian Jaya is by 4 people

Furthermore, after an inquiry conducted by KPP HAM Papua / Irian Jaya is completed, KOMNAS HAM submitted the results of its inquiries to the Attorney General. In its report, KPP HAM Papua / Irian Jaya stated that the parties directly involved are allegedly members of the police in the police force of Irian Jaya and Brimob Regiment Unit III B Korbrimob Police

Battalion in-BKO-kan to Jayapura police station and the individuals who because of the position and actions at the level of control and responsible for field operations, as many as 24 people. However, what happens then is, prosecutors only filed two Papuan regional police officials to court. This difference is quite striking, from 24 people to two people. Quite clear that the prosecutor was not include or ask a member or officer of another Papuan regional police should also be held accountable to the court. Not filing or member of police officers Papua others to court, it will automatically make it difficult for prosecutors to indicate the occurrence of crimes against humanity in the event of Abepura. This is because, as a member or officer of Papua regional police that was not presented to the court, over the net can actually show police command area of Irian Jaya / Papua and used all the strength and also the facilities used to conduct pursuit operations after the attack and the partition Mapolsek Abepura December 7, 2000.

CONCLUSION

The investigation of gross violation of human rights is different with the other case. The inquiry procedure conducted by the National Commission of Human Rights (KOMNAS HAM) replacing the position of Police. Gross violation of human rights mentioned in the Law.26 2000 as a crime of genocide and the crimes against humanity. Based on the report of one crime which is supposed to be a gross violation of human rights, KOMNAS HAM in the inquiry procedure may form an ad hoc commission to assist the inquiry based on the provision of the Law No.26 2000.

After the inquiry procedure finished, the inquirer submit the report to the General Prosecutor to perform further investigation as mandated by the Law No.26 2000. The general prosecutor has an authority to perform further action to collect the evidence based on the report from inquirer to make an indictment for the further procedure in the court.