rd
Komnas HAM, Indonesia, 3 UPR
37. The duration of the RKUHP discussion led to many changes that must be
made, especially the persistence of articles contrary to human rights
principles,53 the inclusion of the catagory of special crimes to become general
crimes54 and the death penalty.
38. Recommendations: (1) RKUHP only organize general crimes. Special
crime, including international crimes, should be dealt with as a crime /
special crime and regulated in the statute books as special criminal law
due to the particular characteristics involved. (2)Remove the death
penalty and ratify RKUHP within 3 years.
2.
E.
Combating Terrorism (new)
39. The Government has made efforts to change Act No. 15 of 2003 on the
Elimination of Terrorism and legislation has been under discussion in
Parliament. The police are receptive to improvements within a MoU with
Komnas HAM related to human rights based policing programs. BNPT55 is
cooperating in the framework of combating terrorism with various agencies
including Komnas HAM.
40. The draft law on terrorism is not in line with human rights standards due
to the inclusion of the death penalty as a punishment option, excessive time in
custody, extrajudicial detention of suspected terrorists for 6 months and use of
the military in counter-terrorism. Also, there is no provision on the protection
of victims affected by terrorism. In 2010, Komnas HAM received reports of
alleged wrongful arrests by Spesial Detachment 88.56
41. Recommendations: Completion of the Revised Terrorism Bill in 2016
to include human rights principles, as well as the need for a supervisory
mechanism in the implementation of the revised terrorism law. The
Government should also ensure immediate implementation of the law
upon enactment.
Other Matters
1.
Human Rights Education and Training57
42. The Government has taken steps to improve education and human rights
training for police,58 central and local government officials59 and educators.60
43. Alleged human rights violations by authorities still occur. This is in part
due to lack of education and human rights training for police61 and
government officials.62
44. Recommendations: (1) Monitoring and regular evaluations of current
human rights education. (2) Mainstreaming of human rights within the
education system for police and government officials.
2.
Evictions
45. The Indonesian Government seeks to develop infrastructure63 within the
framework of national development.64
7