Komnas HAM, Indonesia LOIPR ICCPR impartially and professionally in accordance with the prevailing laws and principles of human rights, making them appear to be partisan instead of mediators who provide justice and protection. For three years (2017-2019), Komnas HAM received 38 complaints on violence in 2017, 44 complaints in 2018, and 42 complaints in 2019. In fact, out of all the complaints that Komnas HAM receivedin the last 5 years mentioned police as the most widely complained party. 41. In some of the reported cases, the follow-up procedure has been conducted appropriately, with a number of complaints relating to the slow response of the police in following up on public complaints. On the other hand, specifically for complaints relating to abuse of power by police officers, there are still reported cases of intimidation carried out against complainants by the investigators. 42. Komnas HAM appreciates the State's recognition of Indigenous Communities as provided in Article 18B (2) of the 1945 Constitution and other national laws. However, the House of Representatives and the Government have yet to formulate the Indigenous Community Law as mandated in the 1945 Constitution. Provisions on the existence and rights of indigenous and tribal peoples in different laws have an impact on legal uncertainty, which then resulted in the lack of access of indigenous and tribal peoples to justice. 43. Komnas HAM took note that, in the last three years, there have been quite a number of both reported and unreported cases relating to the criminalization of customary land farmers. The tradition of burning land carried out by indigenous and tribal peoples is part of the agricultural system and is generally based on local wisdom. Law No. 32 of 2009 concerning Environmental Protection and Management recognizes local customs that include land burning. Komnas HAM noted that law enforcement officials often ignore the practice of farming that incorporates local wisdom and generalize land burning as carried out by corporations. Tens and even hundreds of marginalized customary land farmers were criminalized for their farming activities. 44. Komnas HAM also received complaints about the seizure of customary land under the pretext of investment. Complaints in the last 5 years suggest the weak mechanism of protection of the customary rights of indigenous and tribal peoples. Agrarian policies and reforms by the Government have not been implemented properly. Consequently, land disputes and social conflicts have resulted in violence, such as the conflict that occurred in Aru Islands Regency. The Central Government’s plan for investment in cattle breeding and sugar cane plantations in a customary land of the Komkey community was met with opposition. In October 2017, the Komkey community, who refused the plan, was intimidated during the Minister of Agriculture's work visit to Aru. 45. Komnas HAM also noted the lack of understanding of the Regional Government regarding the protection of remote indigenous communities. For example, in 2018, the Mausu Ane tribal community was forced to relocate by the Central Maluku Regency Government because community’s forest is located in the government’s planned logging area. The relocation of the Mausu Ane tribe from the interior of Seram Island was intended to protect the Mausu Ane tribe. However, the relocation is contrary to the wishes and choices of the Mausu Ane to live and settle in the forest. The Mausu tribe believes that the forest is their ancestral land that must be preserved. 46. The Komnas HAM data still indicate existing restrictions on detainees to receive legal counsel and visits from family members. Several complaints to Komnas HAM suggested restricted access to detainees. 10

اختر الفقرة المستهدفة3