Free Papua Organization: Belligerent, Combatant, or Separatist?

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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.
Original languageEnglish
Title of host publication3rd International Conference on Law and Governance (ICLAVE 2019)
Publication statusPublished - 27 Mar 2020

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