Komnas HAM, Indonesia, 4th UPR
28
The government of Indonesia has the target of Towards Shackle Free Indonesia, see:
https://www.kemkes.go.id/article/view/1242/menuju-indonesia-bebas-pasung--.html
29 Komnas HAM research conducted in the end of 2017 found that people with mental disabilities in several
orphanages in five regions were heavily stigmatized, experienced shackles, and other rights violations.See:
Komnas HAM (2019), HAM Penyandang Disabilitas Mental di Panti Rehabilitasi Sosial (Human Rights of
People with Mental Disabilities in Social Rehabilitation Institutions), available at:
https://www.komnasham.go.id/files/cetak_buku_disabilitas_2401.pdf
30
The ITE Law is often used to intimidate human rights defenders by using it as the basis for criminal
defamation charges. In addition, articles on treason and incitement are also often used to limit and threaten
human rights defenders’ activities.
31As stated in the Attachment to the Regulation of the Minister of Social Affairs Number 8 of 2012 on
Guidelines for Data Collection and Management of People with Social Welfare Problems and Potential and
Sources of Social Welfare, in the Types, Definitions and Criteria for Persons with Social Welfare Problems
(PMKS) and Potentials and Sources of Social Welfare (PSKS), letter A concerning Persons with Social Welfare
Problems (PMKS), number 14. However, in 2019 this regulation was revoked.
32 In 2017-2021 Komnas HAM received 17 complaints related to gender minorities and sexual orientation. The
complaints are predominantly on freedom of opinion and expression, discrimination, intimidation, and inhuman
and degrading treatment.
33 Konde.co's research:Their Story, Bagaimana Media Memandang Keragaman Gender dan Seksual NonNormatif 'LGBT' (Their Story, How the Media Perceives 'LGBT' Gender and Non-Normative Sexual Diversity),
available at:https://www.konde.co/2022/01/survei-ada-pemangku-kebijakan-media-massa-yang-kelirumemahami-keragaman-gender.html/
34 Examples of policies that guarantee SOGIE rights are Law Number 39 of 1999 on Human Rights and Law
Number 36 of 2009 on Health.
35 Komnas Perempuan (2019) Risalah Kebijakan Kelompok Orientasi Seksual Minoritas: Pengakuan Identitas
dan Hak (Minority Sexual Orientation Group Policy Minutes: Recognition of Identity and Rights), Jakarta:
Komnas Perempuan.
36
Most of the complaints pertain to non-payment of salaries, fraud in the recruitment process, and violence.
During the COVID-19 pandemic, the migrant workers’ vulnerability has increased.
37
The complaints were dominated by the neglect of asylum applications, the absence of access to health, and the
failure to fulfill the livelihood of the refugees.
38 There are still a significant number of residents who have unclear citizenship status in the Sangihe Islands
Regency. Komnas HAM has coordinated with the local government to resolve the Sangihe Talaud case, see:
https://beritamanado.com/komnas-ham-gelar-rapat-coordinate-handling-warga-belum-definite-statuskewarganegaraan-di-sangihe /
39 RANHAM is intended to be a guideline for ministries, institutions, and local governments in preparing,
planning, implementing, and evaluating human rights actions.
40After analyzing the Draft RKUHP version 28 August 2019, Komnas HAM assessed the need for a more
precise formulation in the definition of marital rape, the criminal elements of torture, an independent
investigation and examination mechanism for torture, an effective mechanism for tackling trafficking in persons.
It also identifies the need for regulation on and the institutionalization of mechanisms to prevent the
criminalization of human rights defenders or the abuse of criminal code to attack policy advocacy and
community assistance.
41 Special Crimes have specific characteristics and refer to the principles of criminal law that are different from
the principles of general criminal law, therefore it is not appropriate to be regulated in the criminal code (Draft
RKUHP version 2019).
42 Since September 2019 until the writing of this report, the Government has not provided the public with the
update on the progress and/or current version of the RKUHP.
43 Komnas HAM highlighted that the Job Creation Law only regulates formal sector workers or is limited to
contract-based employment, which is not suitable with the conditions of precarious workers in Indonesia who do
not have clear employment contracts. Komnas HAM also notes that the Job Creation Law has removed several
environmental licensing requirements and implemented the concept of absolute liability which reduces
corporate responsibility in protecting and managing the environment.
44 However, the Government of Indonesia insists that the derivative regulations of the Job Creation Law remain
in effect and at the same time the Indonesian Government is currently prioritizing the amendment of Job
Creation Law.
45 Institutions that have held human rights education activities and/or training include the Supreme Court, the
Attorney General's Office, and the Ministry of Law and Human Rights.
46
Referring to Komnas HAM data, complaints on alleged human rights violations received by the Commission
are mostly involving the right to welfare, the right to obtain justice, and the right to a sense of security.
10