Komnas HAM, Indonesia LOIPR ICCPR
through Article 41 paragraphs (1), (2), and (3) of Law No.5 of 2018 and provisions of
the draft Presidential Regulation on military authority, which broadly includes
deterrence, prosecution, and recovery. The implication of this is that these regulations
are threatening the supremacy of law enforcement in Indonesia as a democratic state.
70.
Law No.5 of 2018 provides articles that will potentially create violations of human
rights, such as the length of the detention period of up to 21 days, wiretapping of up to
2 years (1 year and extended 1 year). However, as this is regulated under the criminal
justice system, legal procedures are indeed in place (to name a few, there is a provision
on the requirement of a court order), including accountability for anyone who commits
a violation, which is clearly regulated in the Law. There is also an oversight mechanism
by the House of Representatives through a special oversight mechanism as regulated in
Article 43J of Law No.5 of 2018.
71.
With the plan to involve the armed forces in the draft Presidentian Regulation in
handling criminal act of terrorism, there will be greater potential of threat to the law
enforcement mechanisms and human rights violations. The reasons for this is firstly,
the army is not part of the law enforcement apparatus, and secondly there is no proper
legal control mechanism of its involvement. Thirdly, there is the coercive
characteristics attached to the army. The army should only be involved as assisted
personnel and in the most serious threat scheme. The army should not be provided as
the main law enforcement agency as stipulated in the Presidential Regulation.
72.
In addition to aforementioned cases of potential human rights violations, Komnas HAM
also received complaints with regard to the handling of terrorism by the police. On
September 4, 2019, Komnas HAM through its representative office in Central Sulawesi
received two reports of Counterterrorism Special Detachment 88 actions related to the
arrest and detention of three suspected terrorists in Palu where arrest warrant and
disclosure of detention location were not given to the family. An act of sexual
harassment against the suspected terrorist’s wife was also reported as documentation
was made while she was half-naked.
73.
President Joko Widodo verbally rejected the return of 689 Indonesian citizens from the
territory of the Islamic State of Iraq and Syria (ISIS), many of whom were children and
women. An in-depth analysis would be needed in this regard considering there is not a
single fact on the reasons for leaving, be it ideological reasons, relocation with family,
economic purposes, or any other factor. Therefore, the government cannot immediately
reject their return. Based on Law No.12 of 2006 concerning Citizenship, Indonesia does
not recognize the concept of stateless. Likewise, in accordance with Government
Regulation No.2 of 2007 concerning Procedures for Acquiring, Revoking, and
Cancelling Citizenship of the Republic of Indonesia, they do not automatically lose
citizenship just because they went to an ISIS territory.
List of issues:
1) How to ensure that the policy to combat terrorism is consistent with the criminal
justice system paradigm through improved accountability of the process and
compliance with principles of human rights?
2) What efforts have been made by the Police with regard to improvements of its
institution and personal conduct of its officials, including criminal liability in
handling terrorist acts?
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