rd
Komnas HAM, Indonesia, 3 UPR
17
In 2013, Komnas HAM monitored prison riot that happened at Class I Tanjung Gusta Prison, Medan (July 27,
2013), Torture Cases at Class IIB Solok prison(1-2 October 2013) and prison riots at Class IIA Barelang Prison
in Batam on 4th Nov 2013. In 2014 monitoring were done at prisons in West Sumba and Waikabubak (March
26 2014), as well as the Class I Prison of Makassar (August 27, 2014). Komnas HAM also monitored political
prisoners at Class IIB Prison of Nabire (October 23, 2014) and Class I Prison of Surabaya (18 November 2014),
Class I and class IIA Prisons of Malang (19 November 2014). In 2015 monitoring were done at Class IIA prison
and detention center in Banjarmasin (July 11, 2015) and Class IIA Paledang Prison in Bogor (July 29, 2015).
Komnas HAM also monitors Death inmates at Class I Prison in Tangerang and Nusakambangan (for Class IA
Batu Prison, Class II Narcotics Prison, Class IIA Pasir Putih Prison, Class IIA Permisan Prison, Class IIA
Kembang Kuning Prison and Class IIA Besi Prison) on 20-22 October 2015. In 2016 monitoring was done
related to clashes among inmates affiliated to 'Baladika' at Class IIA prison in Denpasar, Bali (February 24,
2016), Class IIA prison and detention center in Pontianak (14 April 2016), riot incident at Class IIA Banceuy
Prison in Bandung (9 - May 11, 2016), riots and burning incidents at Class IIB Malabero Detention Center in
Bengkulu (11 and May 12, 2016). Komnas HAM also monitors cases of people with mental illness that
imprisoned in the houses in East Java, Bali, Banten, South Sulawesi and West Java (April-August, 2016)
18
Based on monitoring data, in the last 3 years Komnas HAM has conducted some monitoring visits to
immigration detention centers: in Kupang, NTT (22 and August 23, 2013), Belawan, North Sumatra (19 and
October 20, 2013), Tanjung Pinang, Riau Islands (6-7 November 2013), Makassar, South Sulawesi (25-26
August, 2014), Kalideres, Jakarta (17-18 September 2014), Jayapura, Papua (October 21, 2014), and Surabaya,
East Java (17 November 2014). Komnas HAM also visited the Immigration Office Makassar, South Sulawesi
(25 August 26 2014). In 2016 Komnas HAM visited immigration detention centers in Pontianak, West
Kalimantan (14 April 2016), Jayapura (June 16, 2016). The findings from the visits are, among others, overcapacity of the immigration detention centers, different policies and lack of standards to manage the detention
centers, unclear period of detention in as it depends on the role of UNHCR, and the lack of capacity and
capability of staff/employees, particularly their understanding to coach the detainees.
19
In response to recommendation 108.94, 108.96
20
There are eight cases of gross human rights violations that have been investigated by Komnas HAM and are
still waiting for the investigation of the Attorney General.
21
Regulations supporting impunity, such as Act No. 31/1997 on Military Courts (list UU)
22
In response to recommendation 108.68, 108.97, 108.99, 108.100, 108.104, 108.106, 108.107, 108.108,
108.110, 108.112
23
As reported by a number of media sources, many Shia groups experienced displacement, among others in
Madura (See https://m.tempo.co/read/news/2012/01/13/058377115/pengusiran-paksa-warga-syiah-sampangdikecam)
24
National Medium Term Development Plan (Rencana Pembangunan Jangka Menengah Nasional/RPJMN)
taken from the "NawaCita", the programs promised by President Joko Widodo (Jokowi) during his presidential
election campaign in 2014. In NawaCita, Jokowi committed to protect vulnerable and marginalized groups as
part of the fulfillment of human rights.
25
Komnas HAM has worked with UNDP to strengthen the programs for minority rights in support of the
mandate of Komnas HAM where one target group is the LGBT minority. The program was frozen by Bappenas
because the Indonesian government has banned programs from receiving foreign aid related to LGBT issues.
The minister of foreign affairs also said the freezing of funds is as an attempt by Indonesia to counteract foreign
influences deemed damaging to national morals. Several ministers have made public anti-LGBT statements to
the media including the Minister of Research and Technology and Higher Education stating that LGBT should
be banned from universities and the Minister of Social Affairs stated there should be rehabilitation for LGBT
and considers them as a contagious disease.
26
Anti-LGBT campaign by officials contained in Press Releases on statement by Komnas HAM regarding the
situation of attitudes towards the LGBT Community (See http://www.komnasham.go.id/kabarlatuharhary/siaran-pers-pernyataan-sikap-komnas-ham -atas-situation-that-happened-community-lgbt)
27
The 1945 Constitution and Law 39 of 1999 on Human Rights recognizes masyarakat hukum adat or literally
translated “traditional law society”. The term may refer to “indigenous peoples” in the context of international
human rights law.
28
In response to recommendation 108.140, 108.144
29
The Ministry of Home Affairs issued Decree No. 52 Year 2014 on Guidelines for Inventory and Identification
of Indigenous Peoples; MOHA, MENHUT, MENPU, KBPN establish Joint Regulations on the Procedures for
Settlement of Land Tenure Being in Forest Area. The Directorate General of Culture of The Ministry of
Education and Culture has identified and promoted local religious and beliefs.
10