Following a series of protests in response to the People’s Representative Council’s (DPR) allowance policy and various acts of brutality by the authorities during the State of Emergency Protest in West Java that began on August 29, 2025, the protests continued until September 1, 2025 with the same demands. According to an investigation conducted by the Bandung Legal Aid Institute (LBH Bandung) team, 33 protesters were arrested by the Bandung City Police Department comprising 24 adults and 9 minors. Among the 24 adults, 3 were transferred to West Java Regional Police Headquarters for further investigation.

During the process of fulfilling the right to legal assistance, there were obstructions by the police. On September 1, starting at 6:00 p.m. Western Indonesian Time, the Bandung Legal Aid Institute team stood guard at the West Java Regional Police Headquarters to ensure that the right of democracy activists to legal assistance was fulfilled. At around 10:00 p.m., there was a heated dialogue between the LBH Bandung legal team and the police regarding access to legal assistance for democracy activists and access to information about the data of the arrested protesters. During this process, the legal team continued to face obstacles in accessing legal assistance and information. Finally, LBH Bandung set up a command post near the West Java Regional Police Headquarters with a banner stand. In response, the police immediately reacted negatively and expelled the LBH Bandung team that had set up the complaint post there.

At the same time, there was an attack on the campuses that served as safe zones for the protesters, where medical teams had gathered, namely Bandung Islamic University (Unisba) and Pasundan University (Unpas), located in the Tamansari area of Bandung City. It all started at 9:57 p.m. when the protesters retreated after hearing that the authorities were preparing with full equipment as if they were going to war with the people. Then, at 10:13 p.m., some protesters went home, while others remained around the Unpas and Unisba campuses. The aim of staying was to prevent the authorities from entering the campus area, which is a neutral institution and a safe space for protesters. At 10:49 PM, with conflicting information about the presence of intelligence agents and authorities, there was information that around 9 people suspected of being authorities were near the bushes in Taman Radio. This made the protesters feel unsafe if they had to leave early. 

At 11:00 p.m., there was information that the crowd was surrounded from the south and north. At the same time, several participants who remained around Unisba and Unpas received information that in the West Java Regional Representative Council (DPRD) area, Gedung Sate and Cisangkuy, the authorities were preparing their weapons. At 11:30 p.m., when nearly 70% of the crowd had decided to go home and the rest were preparing to leave, there was information that the authorities were already marching towards Unpas and Unisba. Shortly thereafter, a large number of authorities suddenly descended from the south. Finally, the crowd that remained in the Unpas and Unisba areas rushed into the campus. Shortly thereafter, the police launched an attack by firing tear gas toward the Unpas campus, then toward Unisba. After creating a tense and dangerous situation for civilians, at 12:40 a.m., while the crowd was “evacuating” and looking for a safer place within the campus, a drone was spotted hovering above the Unpas and Unisba campuses.

Responding to the attack on campus institutions and safe spaces for protesters, LBH Bandung strongly condemns and denounces the excessive use of force by armed officers, including the indiscriminate use of tear gas. The incidents of attacks on the campuses of Unisba and Unpas are unjustifiable and constitute serious violations of the law. We emphasize that campuses are zones of democracy and safe spaces that must be protected.

The actions of the authorities constitute a violation of the Right to Freedom of Expression and Assembly (Article 28E of the 1945 Constitution and Articles 19 & 21 of the ICCPR). The use of tear gas within the campus environment is a disproportionate restriction of this right. This action effectively silences critical voices and creates a climate of fear (chilling effect).

The use of tear gas to disperse crowds is a violation of the Principles of Proportionality and Necessity in the Use of Force. These principles are clearly regulated in Law No. 8 of 1981 concerning the Criminal Procedure Code (related to the actions of officials) and the National Police Chief Regulation (Perkap No. 1 of 2022), as well as international instruments such as the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. Officials may only use force that is proportionate to the level of threat. Tear gas is a tool designed for large-scale riots in open spaces, not for dispersing students inside a campus fence. Students inside the campus are not a threat to public safety and law enforcement. Therefore, the use of tear gas is unnecessary and disproportionate. There are many other persuasive and dialogic methods that can be used before resorting to violent means.

Violation of the Right to Security (Article 28G of the 1945 Constitution), Everyone has the right to feel safe and free from torture or treatment that degrades human dignity. Tear gas causes painful physical effects (shortness of breath, skin and eye irritation, nausea, vomiting) and psychological trauma. Attacking a campus, which should be a sanctuary, with chemical weapons is a serious violation of the sense of security of the entire academic community.

If there are actions that potentially violate the law (such as vandalism), the appropriate action is selective arrests based on identification, not collectively punishing the masses by attacking the entire campus area. Forcible dispersal using tear gas is a form of “law of the jungle” that ignores proper legal procedures.

Furthermore, we condemn the obstruction of access to legal aid as a violation of the constitutional rights of every citizen. Such actions constitute a violation of human rights and are contrary to the 1945 Constitution, Law No. 39 of 1999 on Human Rights, Law No. 18 of 2003 on Advocates, Law No. 16 of 2011 on Legal Aid, Law No. 12 of 2005 on the Ratification of the Covenant on Civil and Political Rights, and the Criminal Procedure Code.

The obstruction of legal aid for arrested protesters opens up opportunities for officials to commit arbitrary acts and other violations of criminal procedure law.

The series of attacks and obstructions to access to legal aid committed by the police constitute a violation of the principles of justice and due process of law.

Contact:

+62 822 5884 3986 – LBH Bandung

Rafi12@lbhbandung.or.id – Head of Advocacy and Networking Division, LBH Bandung