95. The Law No. 21/2001 on Special Autonomy in Papua does not provide
provision for establishing local political parties in Papua. It only prescribes
that the population in Papua province can establish political parties.
96. In 2019, Indonesia held its first simultaneous election for electing president &
vice president, members of the National House of Representatives, Regional
House of Representatives, and Local House of Representatives. During this
election, 894 Voting Organizing Group (Kelompok Penyelenggara
Pemungutan Suara/KPPS) officers died and 5,175 officers got sick after
organizing voting and counting votes. Monitoring conducted by Komnas
HAM found that the high scale happened due to fatigue caused by a heavy
workload. It is something that the Government of Indonesia needs to take care
of since it will conduct another simultaneous election in 2024.
Rights of minorities
97. In terms of regulations, the Government of Indonesia has acknowledged,
protected, and respected the existence of Masyarakat Hukum Adat (MHA),
ranging from Presidential Decree Number 53/2021 - which acknowledges the
MHA as a vulnerable group, up to the National Action Plan on Human Rights
2021-2025. Until December 2023, there are at least 88 local regulations that
acknowledge the existence of MHA.
98. However, there is no specific law on the MHA. Komnas HAM is of the view
that a specific law is necessary to protect MHA rights. Komnas HAM
recommended the Government of Indonesia to finalize the draft Law on MHA
that would synchronize all the regulations related to MHA.
99. Komnas HAM appreciates the Government of Indonesia’s commitment to
fulfilling and protecting the MHA rights, including the issuing of the Ministry
of Environment and Forestry Regulations Number 9 Year 2021 on the
Management of Social Forest. However, the process to stipulate the status of
the Customary Forest as part of a Social Forest still faces challenges and
obstacles including multi-layered conditions, including the policy paradigm to
grant utilization rights over Customary Forests without recognizing the MHA's
authority to control and manage Customary Forests.
100. Regarding the Job Creation Law, Komnas HAM takes note that several
provisions in the law that give easier permits to the business sector may limit
the living space of MHA. Komnas HAM recommends the Government of
Indonesia review the provision to fulfill, respect, and protect MHA’s access to
land.