- 15 -
Article 14 (Comment on list of Issue 32)
52.
The law system in Indonesia has not make ease for torture victims (in the definition
in CAT) to propose a compensation or rehabilitation both in the matter of administrative
and law. KUHAP (The Law of Criminal Procedure) only provides the procedure for
compensation or rehabilitation for victims who are arrested by mistake, which is through
Pre-Court. And for the victims of miss-punishment, is through the procedure of Judicial
Review. For those who have passed this process, they can propose for the rehabilitation
and compensation. This has been regulated in KUHAP (The Law of Criminal Procedure).
Article 15 (Comment on the List of Issue 33)
53.
There are several things which have not been regulated in the penal law in
Indonesia and they are the status of information and evidences obtained from the torture. Is
the status admissible or not? KUHAP (The Law of Criminal Procedure) does not regulate
this explicitly; therefore, recurrently the confession or information obtained from the act of
torture can be accepted by court. As an example is the case of torture and murder of
Marsinah, the labor activist, and many other cases.
Article 16 (Comment on List of Issues 36, 37, and 38)
54.
Komnas HAM received 128 cases of migrant workers in 2007. Most of them (42
cases) is cases of unpaid wages, 27 cases is cases on unable to come back to Indonesia, 13
cases of violence, 5 cases on rape, and also 1 cases facing death penalty. With regard to
these complaints, Komnas HAM sent a letter to Department of Foreign Affairs, BNP2TKI,
Department of Man Power and Department of Transmigration and also the Police.16
55.
In this regard, Komnas HAM appreciated the invitation of the Indonesian
Government to the United Nations Special Rapporteur for the Rights of Migrant Workers,
Jorge Bustamante in December 2006. The Commission, however, considered that the
Indonesian government policies toward migrant workers have yet taking the worker’s side.
The Commission observed, these workers, especially women workers are often ill-treated
during departure, transit, work places and return). Cases of document forgery, violations of
work contracts, unpaid wages, fraud, persecution, physical abuse and sexual harassment
often occurred. The Commission underlined that the Terminal III at the International
Soekarno-Hatta Airport as the departure and arrival gateaway for the migrant workers. In
this regard, the Commission underlined the call of migrant workers for the Government to
close this terminal since many acts of enforced payment, ill-treatment, fraud, and sexual
harassment occurred in this terminal. The Commission noted that until the end of 2006, the
Government has yet found any solution to this matter. In this regard, the Commission
might recall the report of the Special Rapporteur for the Rights of Migrant Workers which
states that many Indonesia migrant workers have experienced human rights violations.
These violations were mostly faced by women and children migrant workers. They were
raped, forced to become prostitutes and experiencing other types of violence. Some other
violations they experienced were long hours of working without breaks, unscheduled
payment of wages and even unpaid wages, as well as mental abuses.
16
See Annex 4