punishment and imprisonment is still difficult to avoid because the conditions
for conducting diversion include criminal punishment below 7 years, and
applies to a non-recurrence offender.
86. In addition, the practice of corporal punishment is still found to be carried out
by parents, and educators both in formal schools and non-formal education as
a form of disciplining children. Many cases of corporal punishment have been
reported. Moreover, when the perpetrators are parents or educators, the
punishment would be increased by one-third of the punishment stipulated in
the law. Due to the lack of massive socialization of child protection laws,
corporal punishment of children continues to occur.
87. Komnas HAM Fact Finding Team on the Incident of 21-23 May 2019 when
mass protests were rejecting the Omnibus Law/Job Creation Law - found there
were 465 juvenile suspects 74 of whom were children. The involvement of
children in the demonstration is worrying, especially since 4 of the 9 victims
who died from being shot by live bullets were children. The way Indonesia
National Police investigators handled the juvenile suspects was also
worrisome as it was not in accordance with the Convention on the Rights of
the Child and Law No. 11 /2012 on the Criminal Justice System for Juvenile
which regulates the process of arresting and investigating the juvenile.
Participation in public affairs
88. Articles 106 and 110 of the Criminal Code regarding treason are often used as
criminal charges against indigenous Papuans (Orang Asli Papua/OAP), who
publicly expressed their opinion. This situation leads to the stigmatizing of
OAP and a threat to freedom of expression.
89. In October 2019, Komnas HAM received a letter from Amnesty International
addressed to President Joko Widodo to revoke the suspect status and release
22 (twenty-two) Papuan activists who were arrested on the charges of treason
due to their participation in peaceful demonstrations in several cities, such as
Jakarta and Jayapura. The same letter was also addressed to the House of
Representatives to revoke or amend Articles 106 and 110 Criminal Code on
treason. The repressive actions of the authorities against citizens who exercise
their rights to opinion could be considered human rights violations. The
repressive treatment against freedom of expression is not in line with the
National Police Chief's Regulation No. Protap/1/X/2010 on Overcoming
Anarchy. Instead of respecting and protecting these rights, the National Police
then put charges against the 22 (twenty-two) people who publicly expressed
their thoughts and opinions regarding the situation in Papua.
90. Komnas HAM also received a complaint from the Papua Advocacy Team on
26 September 2019 regarding the alleged criminalization against 6 Papuan
activists, namely Issay Wenda, Charles Kossya, Danoo Tabuni, Ambrosius