-9-
General then shall conduct the investigation and prosecution of this case. Nevertheless,
until the writing of this submission, the Attorney General has not yet started the
investigation.12
Article 2 (Comment on List of Issue 7, 8, and 9)
25.
Komnas HAM observed the implementation of corporal punishment, in a form of
whip punishment, in several areas in Indonesia. The main area in Indonesia which
implements this kind of punishment is Nanggroe Aceh Darussalam and Bulukamba in
South Sulawesi. This punishment is based on the Qanun in Aceh and in Bulukamba is due
to the Local Regulation (Perda). In Nanggroe Aceh Darussalam, the execution of this
punishment is conducted by Wilayatul Hisbah, not by the police or the judiciary.
26.
Based on its statutatory function on monitoring, Komnas HAM conducted an
investigation on the case of Trafficking in Singkawang.13 The investigation found the case
of trafficking of many children and women through contractual marriage and misuse of
identity card.
27.
With regard to trafficking through contractual marriage and misuse of identity card,
Komnas HAM received a complaint on human trafficking in 2007 which is the case of
Satini Romlah Binti Tarman Mamo. Satini’s name was changed into Ellise binti Sulaiman
with Passport number A 743400. Up to now Satini can not come back to Indonesia due to
the contractual marriage. With regard to this, Komnas HAM sent a letter Number
735/SKPMT/XII/07 to Director-General for Protocol and Consular Affairs, Department of
Foreign Affairs. Up to the writing of this submission, Komnas HAM has not received any
response from the Department of Foreign Affairs. On 30 October 2007, Komnas HAM,
however, received information that Satini now is in the shelter of the Indonesian Embassy
in Taiwan.
28.
Komnas HAM also received a case of Indah Dwi Wahyuni who allegedly was
trafficked and transferred to Malaysia. Indah Dwi Wahyuni, firstly transferred to Jakarta
from Jember and her identity and her name was changed. With regard to this case, Komnas
HAM sent a letter number 028/SR/KHI/I/07 to The Chief of Police District (Kapolres)
Jember. Up to the writing of this submission, Komnas HAM has not received any response
on this matter. Komnas HAM, however, received information from her family that she is
now in Malaysia. 14 Nevertheless, Komnas HAM, recently received an information that
Indah was transferred to other place. The detailed of this new place is not accessible.
12
In this case there is a different opinion between Komnas HAM and The Attorney General. The Attorney
general argued that a Human Rights Court shall be set up first in order the Attorney General to conduct the
investigation and the prosecution of a case happened before the enactment of the Law 26/2000. Meanwhile
Komnas HAM is in a view that an establishment of an ad hoc Human rights should be based on an inquiry
done by Komnas HAM and an investigation done by the Attorney general. This view conforms to the
decision of Constitutional Court Number l8/PUU-V/2007.
13
Singkawang is a district in Kalimantan Island. Singkawang is in the border between Indonesia and
Malaysia.
14
Her detailed address is LOP 3289HIFIS Garden, Jl. Pinang 8 Rim Road 98000 Miri, Serawak