8. In the new Criminal Code, there are five forms of special crimes that are regulated, those are Crime of Gross Violations of Human Rights Terrorism, Corruption, Money Laundering, and Narcotics, which are included in the Chapter on Special Crimes. This arrangement can reduce the essence of the specificity/Lex Specialis of the criminal act. With regard to the crime of gross violation of human rights, further arrangement is required to ensure that the new Criminal Code will be in line with the existing Law No. 26/2000 on Human Rights Court. The new Criminal Code has also reduced the length of punishment from a minimum of 10 (ten) years to 5 (five) years. 9. Until this report was prepared, there were no government plans to ratify the first Optional Protocol of the ICCPR. B. Constitutional and legal framework within which the Covenant is implemented 10. Although the use of the ICCPR in court proceedings is still limited, Komnas HAM has noted positively several court decisions that have used the ICCPR as the basis for court decisions. 11. One of the recent uses of ICCPR was in the court proceedings of the lawsuit against Haris Azhar and Fatia Maulidiyanti - human rights activists who were accused of defamation under Law No. 11 of 2008 concerning the Information and Electronic Transactions (ITE Law). The court ruled that Haris Azhar and Fathia Maulidiyanti had not been legally and convincingly proven guilty of committing a crime as charged under the Cogitationis Poenam Nemo Patitur considerations which means that no one should be punished because of what they think. 12. The Second Amendment to Law No. 11 of 2008 concerning the Information and Electronic Transactions (ITE Law) was officially promulgated in January 2024 with the enactment of Law No. 1/ 2024. However, the revision process of the ITE Law was carried out without adequate public participation. It should be noted that several articles resulting from the second revision still carry risks to human rights. These include Article 27 Paragraph (3) regarding insults and defamation; and Article 28 Paragraph (2) regarding the dissemination of information that causes hostility, and hatred and contains sentiments of ethnicity, religion, race, and inter-group relations (SARA). 13. Apart from ITE Law, Komnas HAM noted several laws and regulations that carry risks against civil and political rights, namely: the Law on Mass Organizations, and the Omnibus Law on Job Creation. 14. Meanwhile, Law No. 6/2023 on the Enactment of Government Regulation in Lieu of Law No. 2/2023 may limit the meaningful participation of trade

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