can be expressed in good faith to avoid impunity for perpetrators of gross human rights
violations. National Human Rights Commission requested the support of the
international community to urge the government of Indonesia cq Attorney General
follow up the investigation files of the Commission in such cases
e. Revised Book of Criminal Law (Penal Code). In the process of UPR 2008, the UPR
Committee recommends that the government of Indonesia to finalize the draft Penal
Code that includes the crime of torture. The draft Penal Code is still simmering indeed
include the crime of torture, but the definition of torture does not refer to the
Convention Against Torture as a whole. Complaints Commission data shows there are
at least 30 cases of torture in the investigation by the police during 2010. In addition,
police are also still doing the persecution and other acts of violence. According to
Commission data, there were 32 cases of abuse and 16 cases of violence by the police,
either during or outside duty service
f. Capacity building / collaboration / sharing experience of best practice. In the process
of UPR 2008, the UPR Committee recommends that the government of Indonesia to
conduct capacity building, cooperation, and sharing experiences with other countries
for best practices and promoting respect for human rights. Currently the government
through the Ministry of Foreign Affairs and Ministry of Justice and Human Rights has
been built in consultation with the stakeholders concerned with human rights issues.
However, the consultation process was not conducted in a fairly long range and
continuous, but more a temporary (just before a report submitted to the institutions of
international human rights treaties). Komnas HAM recommended to the government to
build communication and consultation are persistent and permanently institutionalized
with the various stakeholders in order to improve the quality of enjoyment of human
rights. This can be done through communication, consultation, and collaboration with
stakeholders in the process of formulating national legislation and harmonization of
national legislation with international human rights treaties already ratified.
g. Continuing efforts to ensure the promotion and protection of human rights for all
components of the people of Indonesia. In the last four years, the promotion and
protection of human rights in Indonesia suffered the reverse flow in the midst of
incessant reform and constitutional law to respect, fulfill and protect human rights. In
the following paragraphs (16-17), Komnas HAM reported that during the last four
years has been a series of steps backward in the implementation of state obligations to
respect, fulfill and protect human rights in Indonesia, mainly in the following issues:
(1) Freedom of Religion or Belief and (2) Protection of Migrant Workers, (3)
Corporate Responsibility in Respect, Protection, and Remedy of human Rights
11. Freedom of Religion or Belief. Rights and freedom of religion or belief in Indonesia
suffered a setback. At least, it is reflected in two cases: (1) The attack against the
Ahmadiyah followers in Cikeusik, (2) The case of deterrence to worship at the Church of
Yasmin
a. The attack by a group of people against the Jemaah Ahmadiyah in Cikeusik, Banten,
occurred on February 6, 2011. The attack was led to the deaths of three people
Ahmadiyah and five others wounded. Komnas HAM has formed an investigation team
in this case and concluded that there has been a violation of the right to life, freedom of
religion or belief, the right sense of security, and the right to private property in such
cases. Law enforcement officials have arrested 12 people and prosecute perpetrators.