Komnas HAM, Indonesia LOIPR ICCPR
Surabaya in 2019, large forced evictions in several provinces, and mass protests and
rallies that followed the formulation of several key legislations, such as the Criminal
Code Bill and the revised Anti-Corruption (KPK) Law.
4.
Some positive notes on the implementation of the ICCPR came as the results of the antidiscrimination policy against persons with disabilities in elections and access to
employment, moratorium on capital punishment since 2016, and transparency of the
court system. In addition, Komnas HAM has also improved its communication and
coordination strategy in exercising its supervisory function with the Police, Regional
Governments, and other stakeholders. Equally as important are several judicial decisions,
especially the Constitutional Court Decision that recognize non-religious believers
(Penghayat).
5.
Some negative notes were observed in the implementation of the ICCPR that includes,
among others, the rise of hate speech, criminalization of policy criticism, threats to
human rights defenders, violence and acts of intolerance, excessive use of authority by
law enforcement and security forces, as well as inhumane and degrading treatment.
6.
As regards policies, among the important notes were the security approach in Papua that
allowed violence to continue to occur. In adddition, the Internet has yet to reflect optimal
application of human rights principles with continuing policy of Internet shutdown by
the government and personal data that has not been protected by laws, thus personal data
leak often happens without proper legal response and the perpetrator are not held
accountabel. Current agrarian policy has not been formulated with optimal consideration
of the rights of the people. In terms of correctional system, overcapacity still exists in
correctional facilities and detention centers.
7.
The national policy also still leaves room for impunity, particularly in cases of gross
violations of human rights and fulfillment of victims' rights.
8.
In addition to the above situation, in the past 3 years, there are also policies and legal
policy plans that are in great relevance with the ICCPR, including Law on the
Management of National Resources, Law on Combating Terrorism Criminal Acts, the
Criminal Code Bill, and the Omnibus Law on Job Creation.
9.
Komnas HAM considers that the process of changing the Indonesian Criminal Code
(KUHP) becomes a reflection of Indonesia's criminal law politics. For this reason,
Komnas HAM will ensure that the changes are in accordance with the principles and
values of human rights.
10.
The amandment of the Criminal Code still allow for death penalty although it is specific
in nature and imposed as an alternative punishment. This is compounded by the lack of
legal certainty and definite waiting period for death row inmates. Komnas HAM has
observed that the revision has not been in line with efforts to abolish capital punishment.
11.
Provisions on religious blasphemy/heresy, intervention of private affairs by the state,
unclear prevailing laws and other problematic articles that if passed into the Criminal
Code, would potentially result in human rights violations. This is due to ambiguity, legal
uncertainty, and confusion among law enforcement officials and the public.
12.
In the case of special crimes such as crimes against humanity, genocide, corruption, or
crimes of different characteristics and principles than those of conventional crimes need
to be regulated by a special provision in the Criminal Code Bill. Thus, concerns over
ineffective law enforcement against special crimes due to differences in characters,
approaches, and procedural law from those of conventional crimes can be avoided.
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