International Journal of Evaluation and Research in Education (IJERE)

Vol. ---, No. ---, Month 2022, pp. 1~1x

ISSN: 2252-8822, DOI: 10.11591/ijere.v99i1.paperID 
1

Application of the Principles of State Responsibility for Cases of

Human Rights Violations in kanjuruhan
Andy Parawansa. S1, Judhariksawan2, Hamid Awaluddin3
1
Doctoral student at the Faculty of Law, Department of Criminal Affairs, Hasanuddin University, Indonesia
2
Professor of the Faculty of Law, Department of Criminal Affairs, Hasanuddin University, Indonesia
3
Professor of the Faculty of Law, Department of Criminal Affairs, Hasanuddin University, Indonesia
Email: Andyparawansa45@gmail.com

Article Info ABSTRACT (10 PT)

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This is an open access article under the CC BY-SA license.

Corresponding Author:
Azlina Mohd Kosnin
Faculty of Social Sciences and Humanities, School of Education, Universiti Teknologi Malaysia
Sultan Ibrahim Chancellery Building, Jalan Iman, 81310 Skudai, Johor, Malaysia
Email: p-azlina@utm.my

1. INTRODUCTION
The world of Indonesian football experienced a very sad tragedy in the match between Arema
FC and Persebaya Surabaya at the Kanjuruhan Stadium, Malang, East Java, Indonesia on October 1 2022.
This tragedy allegedly occurred because Aremania as supporters of AremaFC did not accept defeat. As a
form of disappointment, Aremania entered the football field by force and damaged the field facilities,
triggering security forces to fire tear gas to quell the rioting.1 However, it turned out that the shooting of
tear gas was only the beginning of a disaster because the spectators, who numbered tens of thousands of
people, had to squeeze out simultaneously. It was recorded that as many as 127 people died in the tragedy
due to limited oxygen, crowds piled up to the point where they were trampled. Apart from the fatalities,
so far 180 people have been injured. The large number of fatalities in this tragedy was allegedly because
tear gas was not only fired at the spectators who descended to the field, but was also fired at the stands,
causing very severe panic and causing the spectators to run towards the same exit.2

1
Detikcom. (2022, October 2). Mobil Dibakar-Supporter Jadi Korban, PSSI Sesalkan TragediKanjuruhan
2
CNN Indonesia. (2022, October 2). Polisi Ungkap Penyebab 127 Orang Tewas di Kerusuhan Kanjuruhan.
CNN Indonesia.

Journal homepage: http://ijere.iaescore.com

2  ISSN: 2252-8822

This tragedy invites a lot of sympathy from all over the world. Many international media even
wrote about this dark tragedy. Especially when the FIFA president, Gianni Infantino, expressed his
condolences and expressed concern over the Kanjuruhan incident. He said that this was the darkest day
for the world of world football and became the darkest tragedy in the history of world football. In his
speech, Gianni mentioned that because of the great influence of the Kanjuruhan tragedy on the history
and development of world football, news about this Kanjuruhan was widely published in local and global
media. Of course, there are quite significant differences in the context of viewpoints, goals and concepts
of each news portal.3
The concept of human rights has clearly explained the position of the state in terms of human
rights. The state as an entity that has power is considered capable of carrying out the mission of promoting
human rights globally. The consequence of this is that the state will always be required to carry out its
obligations in the context of promoting human rights. In the human rights principle, the state is a human
rights holder (duty bearer) and every individual under its jurisdiction is a human rights holder (rights
holder). The main obligations that must be carried out by the state are the obligation to respect, the
obligation to fulfill, and the obligation to protect. In addition, the state is also obliged to control and
guarantee the implementation of human rights for every individual under its jurisdiction. As for a
phenomenon of human rights violations, structurally the victims of human rights violations are citizens,
both individuals and groups. Human rights violations can be linked to the state c.q the government if the
violation is committed by a state agency or official or cabinet or parliament who makes or implements
state policies.4
The position and role of the state as holder of human rights has clearly shown that all aspects
relating to respect, protection, fulfillment and promotion of human rights are the responsibility of the
state. If the state cannot carry out its obligations as a human rights holder, the state will be labeled as
having committed a human rights violation. This condition has given rise to a principle of state
responsibility in which the state can be held accountable for human rights violations that befall a group
or individual. Broadly speaking, state responsibility will arise if the state has taken actions that are
considered wrong internationally.5
State responsibility will arise if a country violates the rules of international law or the actions of
a country that harm other sovereign countries. As for national law, state accountability arises because the
state is a sovereign entity and has the power to do something or not do something to citizens under its
jurisdiction.6
However, in its development, the principle of state accountability is closely related to human
rights. So that in the context of upholding human rights the state is also the main actor responsible for
protecting, fulfilling and respecting human rights. In international legal instruments, state responsibility
can be seen in the preamble to the Universal Declaration HAM (DUHAM), International Convenant on
Civil and Political Rights (ICCPR), dan Internatonal Convenant on Economic, Social and Cultural Rights
(ICESCR).7
The principle of state responsibility is inherent in the state, meaning that the state is obliged to
provide compensation when losses occur due to negligence committed by the state. One example of
compensation related to human rights is regulated in Article 2 paragraph (3) of the ICCPR. This article
states and regulates that the state is obliged to make effective remedies for victims of human rights
violations even though the violations were committed by its own apparatus.8
There are two different terms in the principle of state responsibility, namely responsibility and
liability. Responsibility has the meaning of what must be accounted for to one party, while liability has
the meaning of responsibility to compensate for damage that has occurred. So responsibility and liability
both contain elements of binding the guilty party and correcting the consequences of his mistakes. As we
know that state responsibility will arise as a result of an act that is considered wrong internationally

3
Hafidli, M. N., Sasmita, R. N. D. L., Nurazhari, L., & Putri, N. R. G. (2023). ANALISIS FRAMING
MODEL ROBERT ENTMAN TENTANG KASUS KANJURUHAN DI DETIKCOM DAN BBC
NEWS. Jurnal Ilmu Sosial, 3(1), 178-183.
4
Zaini, Naya A. (2016). Politik Hukum dan HAM. Jurnal Panorama Hukum, Vol.1, (No.2), p. 12
5
Setiyani, S., & Setiyono, J. (2020). Penerapan Prinsip Pertanggungjawaban Negara Terhadap Kasus
Pelanggaran HAM Etnis Rohingya Di Myanmar. Jurnal Pembangunan Hukum Indonesia, 2(2), 261-274.
6
Philip, C. (2016). Tanggung Jawab Negara Terhadap Perlindungan HAM Menurut HukumInternasional.
Jurnal Lex Administratum, Vol. 4, (No.2), p. 36.
7
Muhtaj, Majda E,. (2008). Dimensi-Dimensi HAM: Mengurai Hak Ekonomi, Sosial, Budaya. Jakarta: PT
Raja Grafindo Persada.
8
International Convenant on Civil and political Rights (ICCPR), 1976.

Int J Eval & Res Educ, Vol. 99, No. 1, Month 2099: 1-1x
Int J Eval & Res Educ ISSN: 2252-8822  3

(international wrongful act). Simply put, if a country violates international obligations, the country is
responsible for the violations it has committed.
Komnas HAM determined the Kanjuruhan tragedy as an incident of human rights (HAM) violations.
It said the "excessive" use of tear gas was one of the seven human rights violations that occurred. Komnas
HAM commissioner, Choirul Anam, said human rights violations occurred as a result of the governance
that was held "did not carry out, respect and ensure the principles and norms of safety and security in
organizing football.”9
Komnas HAM concluded that apart from violations of the code of ethics, there were also “criminal
violations” in the Kanjuruhan tragedy. Therefore, it is important to enforce the law as a whole. “There
must be legal accountability for the death or death of 135 people. People can't just be asked to step down,
fix the organization, and so on, that has to be done, but law enforcement is important," said Komnas HAM
chairman Ahmad Taufan Damanik in a press conference on Wednesday (02/11/2022).10
There are several types of violations that occurred at the time of the vocational tragedy:
1. 45 shots of tear gas is a crime
2. PSSI broke its own rules
3. Ignore safety and security and prioritize commercialization.11
The theory of natural rights (natural rights theory) clearly states that human rights are rights that
are naturally innate in human nature and are owned by every individual without exception. These human
rights are obtained solely because of their condition as human beings. . In connection with this theory,
John Locke mentions an idea that every individual is endowed by nature with an inherent right, namely
the right to live, the right to freedom (not to be enslaved), and the right to ownership that cannot be
revoked or taken by anyone, even by the state. These rights also cannot be reduced or transferred from
one human to another.12 John Locke also stated that in the context of human rights the state exists to serve
interests and fulfill these human rights. In addition, in the rule of law theory it is stated that a rule of law
or sovereign state must consider aspects of human rights in every action it takes.13 The form of a country's
attention to human rights is to always consider human rights in making every policy or other laws and
regulations. In addition to the two theories above, this study also uses the theory of state sovereignty to
analyze the problem of handling human rights violations in vocational cases.
Therefore the authors in this scientific paper will examine the same case but from a different
point of view, namely the principle of state accountability.
2. METHOD
The approach method used in this study is a normative doctrinal or juridical approach. This study
places law as principles, norms, rules and laws and regulations.14 The main source of data in doctrinal
law research is library data. In the legal literature, data sources are called legal materials. The legal
materials studied and analyzed in doctrinal research consist of primary legal materials, secondary legal
materials, and tertiary legal materials.15 The specification of this research is analytical descriptive. The
types and data of this research were obtained by literature review. The data obtained will be analyzed
qualitatively.
3. RESULTS AND DISCUSSION
1. The Obligation of the State for Upholding Law and Human Rights
International law defines the state as a subject of international law. Specifically in terms of
human rights, the state is designated as the main entity responsible for protecting, upholding,
respecting and promoting human rights, especially for its own citizens. This responsibility arises
based on the status of the state which is also an international person and becomes a party to

9
Tragedi Kanjuruhan: Komnas HAM temukan 'pelanggaran pidana' - 'Harus ada pertanggungjawaban hukum
terhadap meninggalnya 135 orang, https://www.bbc.com/indonesia/articles/c98w3yyd3pdo Diakses 24 April
2022
10
Ibid
11
Ibid
12
Philip, C. (2016). Tanggung Jawab Negara Terhadap Perlindungan HAM Menurut HukumInternasional.
Jurnal Lex Administratum, Vol. 4, (No.2), p. 36.
13
Atmaja, I Gede Dewa., & Budhiarta, I Nyoman Putu. (2018). Teori-Teori Hukum. Malang: Setara Press
14
HS, Salim., & Septiana, Nurbani Erlies. (2014) Penerapan Teori Hukum Pada Penelitian Tesis dan
Disertasi. Jakarta: Rajawali Press.
15
Ibid
Paper’s should be the fewest possible that accurately describe … (First Author)
4  ISSN: 2252-8822

international agreements on human rights, whether in the form of conventions, conventions, statutes
or other forms of agreements..16
Broadly speaking, the most basic state obligations in terms of human rights are the
obligation to respect, the obligation to fulfill, and the obligation to protect. The obligation to respect
is broadly defined as the attitude of the state to refrain from intervening except in accordance with
applicable law. The obligation to fulfill is the state's obligation to take action both legislatively and
administratively and practically in order to fulfill and guarantee the fulfillment and implementation
of human rights. The obligation to protect (obligation to protect) can be interpreted as the state's
obligation to protect the human rights of every individual who is in its power from various forms of
human rights violations. Protection of human rights includes protection from violations committed
by the state itself or non-state entities. The obligation to respect, fulfill and protect human rights
cannot be denied by any party, including the state, because this is an obligation to protect the interests
of humanity (obligations erga omnes).17
This obligation will give birth to a responsibility. In general, the obligation that must be
carried out by the state is the obligation to respect, fulfill, and protect the human rights of every
individual under its jurisdiction or jurisdiction. The consequence of this obligation is that if the state
does not fulfill its obligations, the state is deemed to have committed a human rights violation. In
addition, there are other obligations that must be carried out by the state, namely the state's obligation
to uphold human rights. So if there is a violation of human rights in a country, the country is obliged
by law to enforce the law.18
Muladi mentioned steps that must be taken by the state in order to uphold law and human
rights. Among these steps include; first, the state must apply the principle of equality before the law;
secondly, preventing all impunity; third, ending the conflict and forming a truth and reconciliation
commission; fourth; prosecute perpetrators through human rights courts and must be based on
regulations in international legal instruments to guarantee the standards of law enforcement agencies
and fifth, always ensure that these crimes do not happen again.19
2. Violation of Human Rights in cases of Kanjuruhan
Kanjuruhan Stadium is a football stadium owned by the government of Malang Regency.
According to history, construction of the Kanjuruhan Stadium began in 1997 and was inaugurated
by the 5th President Megawati Soekarnoputri on June 9, 2004. Along with the opening of the
Kanjuruhan Stadium, the Pertamina League Division One competition was also held in 2004,
between Arema Malang against PSS Sleman. Arema won the match with a score of 1-0. The name
Kanjuruhan is taken from a Hindu kingdom in Malang which was founded in the 6th century.
Kanjuruhan Stadium is a football stadium owned by the government of Malang Regency.
According to history, construction of the Kanjuruhan Stadium began in 1997 and was inaugurated
by the 5th President Megawati Soekarnoputri on June 9, 2004. Along with the opening of the
Kanjuruhan Stadium, the Pertamina League Division One competition was also held in 2004,
between Arema Malang against PSS Sleman. Arema won the match with a score of 1-0. The name
Kanjuruhan is taken from a Hindu kingdom in Malang which was founded in the 6th century.
Riots On October 1, 2022, after Arema's match against Persebaya, riots occurred. Riots
broke out because Arema fans were disappointed by the defeat of their favorite football club. After
the game ended, the fans who were disappointed with Arema's defeat, flocked to the middle of the
field. Increasingly, the wave of supporters was increasingly unstoppable on the field, so that the
security forces decided to throw tear gas. The aim was to calm and disperse the masses, but what
happened was that the masses panicked, scattered and jostled so they could get out of the stadium
as soon as possible. The riots that occurred after the Arema vs Persebaya match at the Kanjuruhan
Stadium, are said to have killed 131 people.20
16
Rahmandani, F. (2019). Hak dan Kewajiban Sebagai Dasar Nilai Intrinsik Warga Negara
DalamMembentuk Masyarakat Sipil. Jurnal kajian Agama, Vol.4, (No.1), p. 52.
17
Setiaji, Muhammad Luthfan,. & Ibrahim, Aminullah. (2018). Kajian HAM dalam Negara The Rule of
Law. Lex Scientia Law Review, Vol.1, (No.1), p. 76.
18
Jailani, M. (2011). Tanggung Jawab Negara Dalam Memberikan Perlindungan Terhadap Hak-Hak Korban
Pelanggaran HAM Berat. Jurnal Syiar Hukum, Vol.13, (No.1), p. 84.
19
Muladi. (2011). Statuta Roma Tahun 1998 Tentang Mahkamah Pidana Internasional DalamKerangka
Hukum Pidana Internasional dan Implikasinya Terhadap Hukum Pidana Nasional. Bandung: Alumni.
20
"Sejarah Stadion Kanjuruhan", https://www.kompas.com/stori/read/2022/10/03/180000379/sejarah-
stadion-kanjuruhan?page=all#page2. Diakses pada 24 April 2022.

Int J Eval & Res Educ, Vol. 99, No. 1, Month 2099: 1-1x
Int J Eval & Res Educ ISSN: 2252-8822  5

The Joint Independent Fact Finding Team (TGIPF) for the Kanjuruhan case stated that the
Kanjuruhan case proved how bad the law and justice enforcement were in Indonesia. The team
suspects that there is indeed a strategy to suppress the Kanjuruhan case. The panel of judges at the
Surabaya District Court last Thursday (23/3) acquitted two of the defendants, who are members of
the police, in the Kanjuruhan case. The two defendants are former Head of Samapta Polres Malang
Adjunct Police Commissioner (AKP) Bambang Sidik Achmadi and former Head of Operations
Section of Polres Malang Police Commissioner Wahyu Setyo Pranoto. The other three defendants
who were previously sentenced to prison were former Brimob company commander Hasdarman (1
year and 6 months in prison), Suko Sutrisno (1 year), and Abdul Haris (1 year and 6 months in
prison). Responding to the release of the two policemen, in a discussion on Sunday (26/3), a member
of the Joint Independent Fact Finding Team (TGIPF) for the Kanjuruhan case, Akmal Marhali, said
he was very sad because the law turned out to be sharp downwards, but blunt upwards.
He concluded that the process of the Kanjuruhan case proved how bad law and justice
enforcement was in Indonesia, and suspected that there was a strategy to hush up the case. According
to him, this can be seen from the autopsy process which concluded that the victim's death was not
due to tear gas but due to beatings. The conclusion of the results of the previous TGIPF investigation
was that 135 victims died because of tear gas and the police were responsible for the incident. The
victims died in a stampede after the Arema FC vs Persebaya match at the Kanjuruhan Stadium on 1
October 2022.
Akmal originally thought that the results of the TGIPF investigation, which contained
findings of facts in the tragedy, would be used as a reference by the panel of judges in determining
the verdict for the defendant, but this turned out not to be the case. He gave an example of how on
page 96 of the TGIPF report it was stated that from observing the CCTV footage, members of the
Mobile Brigade fired tear gas for the first time into the stands at 22.09 WIB. In fact, at that time the
security forces were not in a state of being threatened by the audience.
Then members of Mobile Brigade and community control members of the Malang Police
fired tear gas at stands number 10,11,12 and 13. This condition caused panic among the team's
supporters so that the spectators were huddled together at the doors of stands number 3,8,10,11,12,
and 13. Many of the panicked spectators ended up being trampled underfoot. "I can say that justice
in this country has actually died in matters of the Kanjuruhan tragedy. Judiciary institutions no
longer use a sense of justice in making decisions, so in the end the conclusion is that wind should
be punished for life as a result of the Kanjuruhan tragedy,"
a. The Judge's Verdict Does Not Fulfill a Sense of Justice
Devi Atok, a family of victims of the Kanjuruhan tragedy, said that the verdict of the
panel of judges that acquitted the two police officers did not fulfill the victims' families' sense
of justice because the wind was the one to blame. He considered the trial process as if it had
been engineered. When she became a witness, she felt that the questions from the judges and
prosecutors were like a play, and she always accused Aremania of being the cause of the
Kanjuruhan tragedy.
When testifying, Devi rejected the autopsy results which concluded that the deaths of
her two daughters were due to trampling, not tear gas. "This really hurts our hearts, hurts the
hearts of all the victims who hoped that my two daughters would serve as samples to unravel
this veil of falsehood. But the reality was that a doctor Nabil had been deceived and betrayed
at the trial in Surabaya,". He considered the police to be above the law because they were
acquitted in the Kanjuruhan case. In addition, the police have also intimidated the victim's
family so as not to burden the police.
b. KontraS: Lots of Awkwardness
Tioria Pretty, Deputy Coordinator of the Commission for Disappearances and Victims
of Violence (KontraS), admitted that since the beginning of the trial the defendants in the
Kanjuruhan case had shown several irregularities. For this reason, Kontras and other members
of the civil society coalition consider that the trial process in the Kanjuruhan case was not
serious. KontraS noted that there were ten oddities. The first oddity that was tried was the field
actor. Meanwhile, the commander of the police unit on duty at that time was not held
accountable because he did not take any precautions.
Then, continued Tioria, access for visitors and journalists to attend the trial was
limited. The court should provide a screen so that visitors and journalists can follow the
proceedings or open it virtually. In addition, the defendant was presented virtually, not
physically as mandated in the Criminal Procedure Code (KUHAP). Even though now it is no
longer in the Covid-19 pandemic situation.

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6  ISSN: 2252-8822

In another oddity, the panel of judges accepted members of the National Police as
legal advisers for the defendant during the trial. This, according to Tioria, could lead to a
conflict of interest. According to the law, members of the Indonesian National Police are not
entitled to serve as legal advisers in court. Only lawyers have the right to act as legal advisers.
"The fifth oddity, we see that judges and public prosecutors tend to be passive in digging up
material truth. This is also related to the sixth awkwardness that the composition of witnesses
was dominated by the police apparatus. Then the narrative changed. There were facts that were
tried to disguise and were successful in hiding,"
The next irregularity was the lack of involvement of the witness-victim and the
victim's family in the trial. Then there was intimidation by members of the police by making
noise in the courtroom. Tioria considered that the head of the panel of judges should have been
able to make a firm decision by declaring the shouts made by dozens of Brimob members in
the courtroom as an insult to the court.
The obscurity of the fact that tear gas was fired into the stands, he added, was also an
awkwardness. In addition, fans also experienced violence inside and outside the stadium. The
Kanjuruhan tragedy occurred on October 1, 2022 after a match where Arema FC lost 2-3 to
Persebaya Surabaya. This incident killed 135 people. The conclusion from TGIPF stated that
all the victims died from tear gas shots.21
The emergence of gross human rights violations in a country certainly raises a question about
who is responsible for all the damage that occurs. In this study the authors try to explain the matter of
accountability when a violation of human rights occurs. The author examines based on the principle of
state responsibility.
In the context of international law, the state is the bearer of responsibility in the framework of
law enforcement for human rights violations. Responsibility is absolute and cannot be reduced or even
revoked for political, economic or cultural reasons. Hugo Grotius in his book De Jure Belli AC Pacis
1625 states that the state and its government officials are responsible for crimes committed by people who
are under their power and control. The state is responsible for fulfilling, protecting, respecting and
guaranteeing the fulfillment of the human rights of its citizens. So if there is an action that violates the
fundamental human rights of its citizens, the state, in this case the government, is also responsible because
its actions allowed human rights violations to occur or the government itself ordered the action through
policies made by the government..22
According to the perspective of international law, a human rights violation is an act that violates
the state's obligations as outlined in international human rights instruments. Human rights violations can
be in the form of actions (acts by commitment) or omissions/negligence (acts by ommition).23 The human
rights violations that befell the Rohingya in Myanmar have clearly engendered state responsibility. The
responsibility of the state referred to in the context of human rights is the responsibility to uphold, protect,
fulfill, respect and promote human rights. Meanwhile, if human rights violations occur within their
jurisdiction, then as the main actor, the state must make efforts to stop them and then enforce law and
human rights. Law and human rights enforcement here includes the process of investigation, prosecution
and sentencing of perpetrators of human rights violations.
The thing that needs to be underlined is that state sovereignty has limitations. Restrictions on
state sovereignty can be applied if this sovereignty intersects with all aspects of human rights. This
limitation is implemented to guarantee security for mankind and to be free from abuse of power by the
state and its apparatus.24 As a legal state, Indonesia should in making regulations or policies pay attention
to human rights aspects. Universal human rights for anyone regardless of who they are, what race or what
religion. All citizens under their jurisdiction must have guaranteed human rights because the fulfillment
and protection of human rights is the obligation of the state.25

21
Kasus Kanjuruhan Jadi Bukti Buruknya Hukum dan Penegakan Keadilan,
https://www.voaindonesia.com/a/kasus-kanjuruhan-adalah-bukti-buruknya-hukum-dan-penegakan-keadilan-
/7022813.html diakses 24 April 2022.
22
Fernandes, I. (2017). Telaah Kejahatan Kemanusiaan Terhadap Etnis Rohingya Berdasarkan Hukum
Internasional. Jurnal Hukum Das Sollen, Vol.1, (No.2), p. 19-22.
23
Mardiyono. (2016). Tanggung Jawab Negara dan Mekanisme Penyelesaian Extra Judicial Killings 1965.
Jurnal Refleksi Hukum, Vol.1, (No.1), p. 30.
24
Dewi, Y. (2013). Kejahatan Perang Dalam HukumInternasional dan Hukum Nasional. Jakarta: Raja
Grafindo Persada.
25
Susanti, A. (2014). Penyelesaian Kasus Pelanggaran HAM Berat Terhadap Etnis Rohingya di Myanmar
Berdasarkan Hukum Internasional. Jurnal Dinamika Hukum, Vol.1, (No.2), pp. 33- 35.

Int J Eval & Res Educ, Vol. 99, No. 1, Month 2099: 1-1x
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The emergence of news of human rights violations that occurred in Indonesia attracted the
attention of the world and the implementation of world football (FIFA). FIFA as world football's
governing body has shown its concern over the tragedy of the riot at Kanjuruhan Stadium, Malang, East
Java. The riot tragedy at the Kanjuruhan Stadium occurred after the League 1 match between Arema FC
and Persebaya Surabaya, Saturday (1/10/2022), ended with a score of 2-3 for the visitors' victory. After
the long whistle sounded, a number of unscrupulous home fans took to the field. They were disappointed
with the defeat suffered by Arema FC. The wave of fans who took to the field continued to grow even
though the security forces tried to drive them away. After the wave of supporters on the field became
unstoppable, the police fired tear gas to control the crowd. Tear gas shooting by security forces allegedly
sparked panic in the stands and made fans run towards the exit. As a result, there was a mass accumulation.
The stampede was inevitable, causing many casualties. Based on an official release from the Malang
Regency Health Office which was verified by the National Police until Sunday (2/10/2022) evening, the
death toll in the Kanjuruhan tragedy reached 125 people.
FIFA Shows Concern The impact of the Kanjuruhan Stadium tragedy has made FIFA also feel
concerned. FIFA expressed this concern through an official statement from its president, Gianni Infantino.
Gianni Infantino admitted that he was very surprised by the heartbreaking tragedy that occurred after the
Arema FC vs Persebaya match. "The world of football is in a state of shock following the tragic incident
that occurred in Indonesia after the Arema FC vs Persebaya Surabaya match at the Kanjuruhan Stadium,"
said Gianni Infantino, quoted from the official FIFA website. According to Football Observer Gianni
Infantino, he also expressed his condolences for the tragic incident at the Kanjuruhan Stadium. "This is a
dark day for everyone involved in the world of football, a tragedy beyond comprehension," said Gianni
Infantino. "I express my deepest condolences to the families and friends of the victims who lost their lives
after this tragic event," he added. Finally, Gianni Infantino did not forget to pray for those who were
victims of the Kanjuruhan Stadium incident. "Together with FIFA and the global football community, all
our thoughts and prayers go out to the victims, those who were injured," said Gianni Infantino. "Together
with the Indonesian people, the Asian Football Confederation, the Indonesian Football Federation, the
Indonesian Football League, on this difficult moment," said the President of FIFA, who has served since
2016. Expression of Grief at Headquarters After showing concern, FIFA took further action by flying the
flag at half-mast at their headquarters located in the city of Zurich, Switzerland. is a form of grief that
FIFA is also feeling after the extraordinary tragedy at the Kanjuruhan Stadium."All flags of FIFA Member
Associations and Confederations are now flying at half-mast at FIFA headquarters," wrote a FIFA
statement. those who lost their lives," a FIFA statement said.
This incident resulted in the withdrawal of the U20 World Cup in Indonesia due to one of the
reasons for improving the organization of football in Malang. The cancellation of Indonesia's status as
host for the FIFA U-20 World Cup resulted in losses of up to trillions of rupiah. It is also observed that
people who are disappointed as a result of this cancellation are still shedding 'tears' and their frustration
in cyberspace. The Minister of Tourism and Creative Economy Sandiaga Uno revealed that one of the
biggest losses due to the cancellation of the 2023 FIFA U-20 World Cup in Indonesia was a minimum of
IDR 3.7 trillion. Not only that, there were a number of other losses for RI as a result of the cancellation
of the 2023 FIFA U-20 World Cup in RI. The following is a list of losses suffered by Indonesia because
it failed to host the U-20 World Cup participants.
a. Trillions Spent on Preparation
In preparing for the 2023 FIFA U-20 World Cup, the regional governments of DKI Jakarta,
West Java, Bali, Solo, Surabaya and Palembang have spent a lot of money and energy so they can
host according to FIFA standards. In July 2020, the government disbursed IDR 400 billion in
preparation for the 2023 FIFA U-20 World Cup. Meanwhile, the Ministry of Public Works and
Public Housing (KemenPUPR), which was tasked with renovating two main stadiums and 15
training fields, also spent a budget of IDR 314.82 billion. Then, the Ministry of Youth and Sports
(Kemenpora) also allocated IDR 500 billion for preparations for the 2023 FIFA U-20 World Cup.
Thus, the total loss from the failed implementation of the 2023 FIFA U-20 World Cup could reach
IDR 1.4 trillion.
b. Missing Potential from Tourism Visits
The World Cup event will definitely bring in a lot of visits by foreign tourists (tourists).
Visits by foreign tourists will increase because of the large number of teams playing, officials,
participating national team staff, and supporters. There were 24 national teams (timnas) participating
in the U-20 World Cup. With a fairly large number of teams, the number of visits by foreign tourists
is certain to be large as well. Reflecting on the 2018 Asian Games, the visit of foreign tourists is a
plus point for Palembang, South Sumatra. In fact, the Ministry of National Development Planning
(Ministry of National Development Planning/Bappenas) projects that the profit value from the Asian

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8  ISSN: 2252-8822

Games will reach IDR 40 trillion. Together with Jakarta, Palembang is one of the hosts for the 2018
Asian Games which was held on 18 August-2 September 2018. It was recorded that the number of
foreign tourist visits to Indonesia in August 2018 reached 1.51 million, an increase of 8.44 percent
compared to August 2017..
c. Hotel Business
Sports or music events on a large scale will become a source of profit for the hospitality
business, especially hotels. Hotels will benefit in the form of increased guest bookings to rent space
for meetings or just meetings between officials or supporters. The benefits of the hospitality business
have also been felt by Indonesia when it hosted the Asian Games. BPS data noted that the 2018
Asian Games had a major impact on hotel room occupancy rates. The figure increased from July
2018 which was only 59.30 percent to 60.01 percent in August 2018. The average length of stay of
foreign guests was also high, namely 2.69 days when compared to the average length of stay of
Indonesian guests which was only 1.75 days. Out of 34 provinces in Indonesia, the longest average
length of stay for foreign guests in August 2018 was recorded in South Sumatra Province, which
was 5.42 days.
d. Tithe U-20 Indonesian National Team Fails to Play and is Threatened by FIFA Sanctions
Two generations of the U-20 Indonesian national team (timnas) are certain to fail to play
in the U-20 World Cup through host status. The first generation of Bagus Kahfi and friends who
were prepared to appear at the 2021 U-20 World Cup which was canceled due to the pandemic.
After that, the generation of Muhammad Ferarri and friends were prepared to appear in the 2023
edition. Both teams were handled by coach Shin Tae Yong. The 2023 U-20 World Cup should be
the second time Indonesia has appeared in one of the prestigious FIFA tournaments. The first time
Indonesia played in the U-20 World Cup occurred in 1979 in Japan.
Not only will the Garuda Muda players' dreams be crushed and their host status lost,
Indonesia is also threatened with FIFA sanctions as a result of the 2023 U-20 World Cup. In its
official statement, FIFA said that sanctions for Indonesia would be discussed further. Previously,
the 2023 Indonesia U-20 World Cup was officially canceled by FIFA. The news of the cancellation
of Indonesia's status as host was revealed by FIFA through its official website, Wednesday
(29/3/2023) evening.26

4. CONCLUSION
a. This obligation will give birth to a responsibility. In general, the obligation that must be carried out
by the state is the obligation to respect, fulfill, and protect the human rights of every individual
under its control or jurisdiction. The consequence of this obligation is that if the state does not
fulfill its obligations, the state is deemed to have committed a human rights violation. In addition,
there are other obligations that must be carried out by the state, namely the state's obligation to
uphold human rights. So if there is a violation of human rights in a country, the country is obliged
by law to enforce the law
b. The Joint Independent Fact-Finding Team (TGIPF) for the Kanjuruhan case stated that the
Kanjuruhan case proved how bad the law and justice enforcement were in Indonesia. The team
suspects that there is indeed a strategy to suppress the Kanjuruhan case. He concluded that the
process of the Kanjuruhan case proved how bad law and justice enforcement was in Indonesia, and
suspected that there was a strategy to hush up the case. According to him, this can be seen from the
autopsy process which concluded that the victim's death was not due to tear gas but due to
beatings. The conclusion of the results of the previous TGIPF investigation was that 135 victims
died because of tear gas and the police were responsible for the incident. The victims died in a
death stampede after the Arema FC vs Persebaya match at the Kanjuruhan Stadium on October 1,
2022. The judiciary no longer uses a sense of justice in making decisions, so in the end the
conclusion was that wind should be sentenced to life imprisonment due to the Kanjuruhan
tragedy," said the verdict. Judges Don't Fulfill a Sense of Justice, KontraS: Many Irregularities,

26
Ini Efek Ngeri RI Batal Tuan Rumah Piala Dunia U-20 FIFA,
https://www.cnbcindonesia.com/lifestyle/20230401131629-33-426415/ini-efek-ngeri-ri-batal-tuan-rumah-
piala-dunia-u-20-fifa Diakses pada 25 April 2022.

Int J Eval & Res Educ, Vol. 99, No. 1, Month 2099: 1-1x
Int J Eval & Res Educ ISSN: 2252-8822  9

c. This incident resulted in the withdrawal of the U20 World Cup in Indonesia due to one of the
reasons for improving the organization of football in Malang. The cancellation of Indonesia's
status as host for the FIFA U-20 World Cup resulted in losses of up to trillions of rupiah. It is also
observed that people who are disappointed as a result of this cancellation are still shedding 'tears'
and their frustration in cyberspace. Some of the losses from the tragedy for the country are
Trillions Spent for Preparation, Potential Lost from Tourism Visits, Hotel Business, Indonesian U-
20 National Team Failed to Play and Threatened with FIFA Sanctions.

Paper’s should be the fewest possible that accurately describe … (First Author)
10  ISSN: 2252-8822

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