Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)

Free Papua Organization: Belligerent, Combatant, or Separatist?

Authors
Indriati Kusumawardhani, Arie Afriansyah
Corresponding Authors
Indriati Kusumawardhani, Arie Afriansyah
Available Online 27 March 2020.
DOI
https://doi.org/10.2991/aebmr.k.200321.040How to use a DOI?
Keywords
Free Papua Movement, separatism, Uti Possidetis Juris
Abstract

There is a jargon “Papua has never been and will never be a part of Indonesia.” Such jargon would correct if Papua currently is under the colonialism of the Government of the Republic of Indonesia. The presumption that Papua was part of the Kingdom of the Netherlands has existed since 1898. It was known as the Dutch New Guinea and indicated as a territory outside Netherlands East Indies. Rebellion action has been happening in Papua after the Declaration of Independence of the Government of the Republic of Indonesia on 17 August 1945. There has been some “rebellion” action in Papua after the Government of the Republic of Indonesia has declared its independence. OPM is known as an organization that campaigns for the liberation of Papua from the Government of Indonesia. OPM also carried out acts of rebellion that threaten the security of the Papua region in particular and the security of Indonesia’s territory in general. This paper concludes that the movement carried out by the GSB OPM has not met the criteria set out in the 1949 Geneva Conventions and the 1977 Supplementary Protocol. In doing do, the OPM GSB cannot be called a combatant, insurgency, or belligerent, but purely as a separatist group. The action taken by OPM is pure separatism, and OPM is a separatist Group. The opinion of the Free Papua Organization towards the Papua region, which is not the territory of the Unitary Republic of Indonesia (NKRI) is incorrect. The territory of the Republic of Indonesia after the proclamation of independence on 17 August 1945 is the entire territory owned by the Government of the Kingdom of the Netherlands before the proclamation of independence on 17 August 1945. It is under the principles of the Uti Possidetis Juris.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)
Series
Advances in Economics, Business and Management Research
Publication Date
27 March 2020
ISBN
978-94-6252-940-3
ISSN
2352-5428
DOI
https://doi.org/10.2991/aebmr.k.200321.040How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Indriati Kusumawardhani
AU  - Arie Afriansyah
PY  - 2020
DA  - 2020/03/27
TI  - Free Papua Organization: Belligerent, Combatant, or Separatist?
BT  - Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)
PB  - Atlantis Press
SP  - 311
EP  - 319
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200321.040
DO  - https://doi.org/10.2991/aebmr.k.200321.040
ID  - Kusumawardhani2020
ER  -