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Komnas HAM steps into dismissed gay cop case
In the wake of a policeman’s dismissal because of his “deviant” sexual orientation, the National Commission on Human Rights (Komnas HAM) has pledged to step into the case and come up with a solution
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span>In the wake of a policeman’s dismissal because of his “deviant” sexual orientation, the National Commission on Human Rights (Komnas HAM) has pledged to step into the case and come up with a solution.
Komnas HAM commissioner Beka Ulung Hapsara said the commission would first gather information from the two parties in the case, the dismissed policeman and his supervisor, before issuing recommendations.
Beka had also considered providing the fired policeman assistance during the trial to restore his dignity. “We will probably provide an expert witness at the hearing,” he said.
The Jakarta Post reported last week that an officer of the Semarang Police in Central Java, identified only as TT, had been dishonorably discharged last December for being a homosexual. The 29-year-old brigadier is now challenging his dismissal at the Semarang State Administrative Court.
“Based on the basic principles of human rights, no individual or institution is allowed to discriminate against someone because of their sexual orientation,” Beka said after meeting with TT’s lawyer Ma’ruf Bajammal at the Komnas HAM headquarters in Menteng, Central Jakarta, on Monday.
Ma’ruf said separately that he went to Komnas HAM to ask for the commission’s help in the case. The commission, he said, was responsible for protecting and upholding the principles of human rights.
“With Komnas HAM’s help, hopefully, we can restore our client’s right to work with the police,” said the lawyer at the Legal Aid Institute for Society.
TT had served in the police force for 10 years but was discharged as soon as his sexuality was revealed in 2017. Nine armed police officers ambushed TT and his partner after they celebrated Valentine’s Day at a restaurant in Kudus, Central Java.
The officers then forced the couple to go the Kudus Police station for a 12-hour questioning that was apparently aimed at unveiling his sexual orientation. TT told them the truth.
Later that year in December, a fellow officer informed him that he had been dismissed. It was not until February that he received an official letter of termination.
The letter, which was signed by the Central Java Police’s head of the human resources Sr. Comr. Agoes Soejadi Soepraptono, said that TT had been “dishonorably discharged” because he had violated a National Police chief regulation on the profession’s code of ethics.
According to the letter, the regulation states that police officers must protect “the image and reputation of the police and obey the values of morality, religion, law, politeness and local wisdom”.
Meanwhile, Central Java Police spokesperson Sr. Comr. Agus Triatmaja confirmed that TT had been dismissed after an internal investigation and hearing. “We have rejected his request to appeal,” Agus previously told the Post.
National Police spokesman Brig. Gen. Dedi Prasetyo justified the Central Java Police’s decision, saying that “homosexuality is still taboo [in our society]. A police officer must not have a divergent sexual orientation.”
Amnesty International had lambasted the National Police for its discriminative stance toward sexual minorities.
Amnesty International Indonesia director Usman Hamid criticized Dedi’s statement saying it was “wrong, misleading and discriminative”.
Amnesty International said the dismissal of TT violated the human rights principles, especially on equality and non-discrimination in the armed forces.
It also violated National Police Chief Regulation No. 8/2009 on the implementation of the standards and principles of human rights on the police’s duties.
Article 4 of the regulation stipulates that human rights do not distinguish race, ethnicity, ideology, culture, religion, belief, philosophy, social status, gender or sexual orientation, but prioritize a commitment to mutual respect to create a civilized world.
