Komnas HAM, Indonesia, 4th UPR
I.
Introduction
1.
Komnas HAM1 submits this Report to the UN Human Rights Council in the context
of the fourth cycle of UPR. Komnas HAM has accommodated the participation of
civil society organizations. This report does not provide an assessment of the
implementation of all of the Council’s recommendations, but rather is limited to the
current issues Komnas HAM has been working on over the last few years which are
relevant.
II.
Follow-up on human rights topics based on UPR’s 2017
recommendations
A.
Topics
Freedom of opinion and expression
2.
The Government of Indonesia (GoI) is currently amending Law Number 19 of 2016
on Electronic Information and Transaction (ITE Law), but only a few articles.2
Komnas HAM is of the view that the revision of the ITE Law must be comprehensive
based on human rights principles.
3.
The Komnas HAM survey (2020) of 1,200 respondents in 34 provinces revealed that
29% of respondents were afraid to criticize the government and 36.2% were afraid to
express their opinion via the internet/social media.3 One of the causes of the fear is
the rampant criminalization using the defamation article in the ITE Law, which is
often used to silence criticism.4
4.
Throughout 2020-2021, Komnas HAM recorded 44 cases related to freedom of
opinion and expression5 in journalistic works, public expressions of opinion, scientific
discussions, and testimony in court. The forms of violations are intimidation,
threats/terror, digital attacks, and hacking.
5.
Komnas HAM highlighted the blocking and restriction of internet access under the
pretext of preventing the spread of hoaxes, as was done in the period May-September
2019. These6 blocking and restrictions violated the law.7
6.
Recommendation: Improving the substance of the ITE Law by opening up holistic
public participation in accordance with human rights principles and norms.
Right to life
7.
Since 2017, GoI has implemented an unofficial moratorium on the execution of the
death penalty. However, the court still imposes death penalty in a number of cases,
increasing the number of people in the death row. As of the end of January 2022, the
Directorate General of Corrections of the Ministry of Law and Human Rights,
confirmed that there were 404 people awaiting execution.8 These death row inmates
are entitled to psychosocial assistance services.9
8.
Several laws and regulations still impose death penalty, including the Criminal Code
(KUHP), the Law on Terrorism, the Law on Corruption Eradication, and the Law on
Psychotropics, although the crimes that are punishable by death do not fall into the
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