KAJIAN YURIDIS TENTANG EKSISTENSI ORGANISASI PAPUA MERDEKA (OPM) DALAM PERSPEKTIF HUKUM HUMANITER INTERNASIONAL

Abstract

ABSTRACK The classification of the Free Papua Organization as an insurgent is governed by international humanitarian law, namely Article 3 of the Geneva Conventions and Additional Protocol II (1977). Definition of the problem: 1) How does international human rights law view insurgent control (insurgency)? 2) How does the Free Papua Organization (OPM) exist from the perspective of international humanitarian law? In this study, standard legal research methodologies are employed. Legal sources from the primary, secondary, and tertiary levels constitute secondary data sources. Data collection techniques for a literature review. The data is analyzed qualitatively. The findings of the study: 1) The regulation of insurgents (insurgency) in humanitarian law is governed by Article 3 of the Geneva Convention and Article 1 of Additional Protocol II (1977), and it can be applied to insurgents when they meet the criteria to be considered parties to a non-international armed conflict, specifically: the group is organized and exercises control over a portion of the territory under responsible command, uses weapons openly, and complies with the customary laws of war. 2) The OPM does not fully satisfy the requirements outlined in Article 1 of the Additional Protocol II of 1977, which is the legal basis for the OPM's existence under humanitarian law. The OPM's leadership structure is unclear, it does not have a large territory, and it disregards the laws of war when conducting the rebellion. The OPM is therefore an insurgent that engages in rebellion.