Komnas HAM, Indonesia LOIPR ICCPR
3) What is the arrangement of House of Representatives’ oversight team with regard
to the handling of terrorism crimes in collaboration with institutions like Komnas
HAM?
4) What is the official policy regarding the handling of Indonesian citizens in the ISIS
region, and how does Indonesia carry out its international responsibility as a
member of the UN Human Rights Council and UN Security Council in resolving
these issues?
l. General Elections
74.
The results of Komnas HAM monitoring in 14 provinces in the organization of
concurrent general elections on April 17, 2019, suggest indications of human rights
violations, especially the right to vote, in which voters were required to present
Electronic Identity Cards (KTP-el) and be domiciled in the electoral location for at least
the last 6 months. Some of these problems were reported, among others, in Central
Kalimantan, where only 85% or 1,753,224 voters were registered, and in East Java,
where 4,000,000 remaining voters did not yet have a KTP-el 4.
75.
The KTP-el ownership policy also has implications for the low fulfillment of voting
rights for vulnerable groups, particularly:
a. detainees and prisoners, as a result of not having a KTP-el and/or not being
registered while serving a sentence. Such cases are reported from results of
monitoring in North Sumatra, where around 20,089 out of 32,122 correctional
facility residents lost their right to vote; in East Kalimantan, 3,789 were able to vote
out of the total 27,809 residents; in East Java, 50% of the 14,562 residents in Porong
Class I Correctional Facility and Medaeng Detention Centers were registered to
vite); and in the Spc. Capital Region of Jakarta (Salemba Detention Center) only
1,480 detainees out of 4000 detainees were able to vote;
b. Hospital patients and their families, with no special polling station being provided,
depriving these people their voting rights. If there are any, it usually depends on the
polling station in the neighboring areas, where mostly would allocate only one hour
(12.00 PM - 01.00 PM) and 2.5% of the reserved ballots. This was the case in H
Adam Malik General Hospital, Medan, (out of the 200 patients, only 2 voted);
Abdul Wahab Sjahranie Hospital, Samarinda (the general elections organizer did
not arrive); Dr. Soetomo General Hospital, Surabaya (out of 1400 patients and 225
employees, only 215 people voted); Bekasi General Hospital (375 hospitalized
patients, organizer did not come); St. Carolus Hospital (organizer did not come until
30 minutes before finish time)
c. In general, persons with mental disabilities could not use their constitutional right
to vote even though the decision of the Constitutional Court No. 135/PUU-XII/2015
and General Elections Commission (KPU) has lifted the prohibition for persons
with mental disabilities to vote as long as they don’t have a doctor's certificate
stating that they cannot use their right due to loss of consciousness. In reality, the
Constitutional Court's decision has not been fully obeyed and differing
interpretations were given. For example, 340 patients at Prof. Dr. M. Ildrem Mental
Hospital, Medan City, where no one voted; at Atma Husada Mahakam Hospital,
4
Laporan Komnas HAM RI terkait Pemantauan Pemilihan Umum Presiden dan Legislatif 2019.
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