Komnas HAM, Indonesia, 3rd UPR 29. Komnas HAM recommends that the Government and Parliament include the issue of the protection of human rights defenders into the revision of Law No. 39/1999, to includes normative guarantees, protection mechanisms, effective restoration and responsible institutions, as well as enforce sanctions against perpetrators. C. Ratification of Human Rights Instruments 40 30. The Government ratified OP-CRC in September 2012. Kemenkopolhukam held policy discussions regarding the completion of work on Gross Human Rights Violations in October 2012.41 In 2016, several institutions42 signed a MoU to conduct monitoring of the treatment of people in places of detention and prevention of torture.43 Meanwhile, Komnas HAM finished preparing a position paper to encourage ratification of the OP-ICRPD.44 31. Since the 2nd UPR cycle, the Indonesian Government has not ratified the OP-CAT, the Rome Statute, CPED or OP-ICRPD. Failure to ratify these treaties is responsible for non-fulfillment of the rights of individuals in detention, the continuation of impunity and lack of an international mechanism for handling disability cases. 32. Recommendation: The Indonesian Government immediately ratify OP-CAT, the Rome Statute, CPED and OP-ICRPD. D. National Legislation Relevant to the Promotion and Protection of Human Rights 1. Strengthening Human Rights Institutions and RANHAM 45 2015 – 201946 33. Efforts for institutional strengthening of human rights became the agenda in RANHAM 2 and RANHAM 3.47 Presidential Instruction outlines the steps needed for RANHAM implementation. 48 34. Implementation is slow due to lack of development for regulatory and support mechanisms.49 Evaluation of RANHAM implementation revealed some challenges50 that need to be addressed. 35. Recommedations: (1) Enactment of a Revised Human Rights Law in 2018 and a separate new law regarding Komnas HAM. (2) Establish an effective implementation mechanism for RANHAM 2014-2019. 2. Revised Penal Code (RKUHP)51 36. The Revised Penal Code (RKUHP) was prepared more than 10 years ago. The government has submitted a draft RKUHP to be discussed in Parliament, and has completed the first book discussion on general provisions and will continue discussion of the second book of criminal offenses in the agenda of its next session. Appreciation is given to the Government for inclusion of the principle of legality and the crime of torture in the RKUHP.52 37. The duration of the RKUHP discussion led to many changes that must be made, especially the persistence of articles contrary to human rights 5

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