53. Regarding the capacity of detention places, Komnas HAM appreciates the
steps taken by the Government of Indonesia to provide restorative justice in
several cases to reduce overcrowding in detention places. However, according
to Komnas HAM’s monitoring under the Cooperation for the Prevention of
Torture (Kerja Sama untuk Pencegahan Penyiksaan (KuPP)), there is still
overcrowding in various places of detentions ranging from 12% to 85%.
Various problems arise from this overcrowding, including increased violence
and torture, as well as various health problems.
54. In 2019, KuPP published a policy paper that recommended the ratification of
the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman, or Degrading Treatment or Punishment (OPCAT). Previously the
plan to ratify OPCAT was incorporated in the two previous RANHAM
(National Action Plan on Human Rights) in 2004-2009 and 2010-2014. As for
now, the plan seems to have been removed since it is not yet included in the
RANHAM of 2015-2019 and 2020-2024.
L. Treatment of aliens, including migrants, refugees, and asylum seekers
55. Indonesia is not a party state to the 1951 Refugee Convention but has taken
moral action to protect refugees in Indonesia. Therefore, Komnas HAM
appreciates the Government of Indonesia's steps to provide guaranteed
protection for foreign refugees through the stipulation of Presidential Decree
No. 125 Year 2016 on the Handling of Refugees from Abroad. However,
Komnas HAM assesses that the implementation of the Presidential Decree
125/2016 has not been effective, especially regarding the roles of the Central
Government and the Local Government.
56. Komnas HAM recommended that the Government of Indonesia further
strengthen coordination with UNHCR and IOM to ensure an effective
mechanism for determining the status of refugees in Indonesia, especially in
responding to the latest wave of Rohingya refugees.
57. Komnas HAM’s monitoring found threatening conditions against Rohingya
refugees who arrived in Aceh province from 15 October to 10 December
2023. The refugees received negative sentiments from the local population.
The Government of Indonesia needs to provide adequate information to local
communities that the government will be responsible for handling the
Rohingya refugees, as well as ensuring security and order in society.
58. The issue of internally displaced persons (IDPs) due to conflict often happens
in Papua. There have been several incidents of conflicts that led to the IDPs in
Papua, these include cases in Tembagapura due to gunfire between the
Civilian Armed Group (Kelompok Sipil Bersenjata - KSB) and security forces
in 2020, in Maybrat (South West Papua) in 2021, and Paro District - Nduga
Regency and Wamena in 2023.