rd Komnas HAM, Indonesia, 3 UPR 30 Referring to the recommendation of Universal Periodic Review (2012), necessarily the Parliament and the Government draft discussion of Law on the Recognition and Protection of the Rights of MHA. However, until the month of August 2016, the fate of the draft law is still uncertain. President Joko Widodo promised to establish an independent institution for the promotion and protection of Rights of the MHA, but until now there has been no clarity, although steps have been initiated since its formation in 2015. 31 Komnas HAM, Summary of Findings and Recommendations for Improvement of the Law and Policy Concerning Respect, Protection, Compliance and Remedy Relating to the Human Rights of Indigenous Peoples over their Territories within the Forest Zone, Jakarta, 2016 (Annex 2) 32 Komnas HAM, 2016, ibid. 33 In response to recommendation 108.134, 108.135, 108.136 34 Law No. 8/2016, the Mental Health Act No. 18 In 2014, RAN is integrated in RANHAM Disabilities from 2014 to 2019 and the establishment of disabilities bylaws in some areas. 35 The government statement issued through the Ministry of Social Affairs about Indonesia regarding ending the use of stocks, chaining and cage confinement for persons with mental illness by the year 2017 as published in a number of media outlets . http://www.antaranews.com/berita/542731/pemerintah-targetkan-indonesia-bebaspasung-2017 and http://www.bbc.com/indonesia/berita_indonesia/2015/01/150129_indonesia_difabel_pemilu ) 36 Komnas HAM monitoring report on the 2015 Elections. http://www.komnasham.go.id/sites/default/files/dokumen/LAPORAN%20PEMANTAUAN%20PILKADA%20 2015_1.pdf. 37 In response to recommendation 108.115, 108.117, 108.118, 108.119 38 National Seminar on the Protection of Human Rights Defenders Policy in Indonesia, accessed on August 29, 2016. http://balitbangham.go.id/berita/berita-balitbang/337-seminar-nasional-kebijakan-perlindungan-pembelaham-di-indonesia. 39 List of draft bills in the National Legislation Program (Prolegnas) 2010-2014. http://www.dpr.go.id/dokakd/dokumen/prolegnas_Prolegnas_2010-2014.pdf 40 In response to recommendation 108.1, 108.2, 108.3, 108.4, 108.5, 108.6, 108.7, 108.10, 108.12, 108.13, 108.14, 108.15, 108.16, 108.17, 108.20, 108.21, 108. 22, 108.23, 108.24, 108.25, 109.1, 109.4, 109.6 41 Accountability Adviser to the President (Hasibuan, Albert, 2016:23). 42 Ministry of Justice and Human Rights (Kemenkum HAM), Komnas HAM, Komnas Perempuan, KPAI, Republic of Indonesia Ombudsman (ORI) and the Witness and Victim Protection Agency (LPSK), 43 Memorandum of Understanding on Efforts to Control and Prevent Torture and Degrading Treatment or Other Cruel, Inhuman, or Degrading Punishment to Any Person Located in Places of Detention within oversight of the Ministry of Justice and Human Rights of the Republic of Indonesia, signed at Jakarta, 27 April 2016. 44 Encourage Endorsment of the “Optional Protocol to the Convention on the Rights of Persons with Disabilities” in Order to Fulfill the Human Rights of Persons with Disabilities. (Nainggolan, Yossa, A.P, and Rusman Widodo, Mochamad Felani, Dien Mochammad, Ernawati: 2016). 45 National Human Rights Action Plan 46 In response to recommendations 108.32, 108.34 47 RANHAM II from 2011 to 2014. Currently RANHAM III from 2015 to 2019 reauthorized by Presidential Order No. 75, Year 2016. 48 On October 2, 2015, Presidential Order No.10/2015 was issued, containing the 2015 Human Rights Action Agenda for ministries / agencies and local government. 49 Revision of Law 39 of 1999 on human rights is one of the proposed strengthenings of human rights institutions, but has not passed into law. 50 Less than optimal coordination between RANHAM & RAN Penca implementing agencies and less than effective mechanisms of monitoring, evaluation, and reporting on the implementation of RANHAM 2011-2014 and RAN Penca 2004-2013 (taken from the presentation by Ardanta Ary Sigit (2016), Presidential Regulation No. 75 Year 2015 on National Human Rights Action Plan 2015 - 2019 (RANHAM 2015-2019). The presentation was delivered during Human Rights Training for Cinere officials, August 2015) 51 In response to recommendation 108.26, 108.27, 108.28, 108.29, 108.30, 108.69, 108.116 52 The term „torture‟ incorporated in the draft penal code is limited to the meaning or the term under article 1 para 1 of CAT which, in essence, refers to the act of torture committed by or with the consent or acquiescence of a public official or a person acting in an official capacity. It does cover an act of „torture‟ committed by an independent person. Additionally, an act of cruel, inhuman or degrading treatment or punishment is not incorporated (as a criminal act) in the Draft Penal Code. 53 Clauses that are considered contrary to human rights should not be set in RKUHP, particularly with regard to the criminalization of ideology, such as treason and insulting the president. Protection and respect of human rights is recognized in the 1945 Constitution through the amendment process, the enactment of Law No. 11

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