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.
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