Komnas HAM, Indonesia LOIPR ICCPR 13. Public participation in the discussion of Revision of the KPK Law and the Criminal Code Bill has gained the attention of Komnas HAM. The Government and the House of Representatives as lawmakers have not involved the public enough in the process. This has led to protests against revision of the KPK Law and the Criminal Code Bill on September 24-30, 2019 in several cities. Komnas HAM noted that, following mass gatherings in Jakarta, 1,489 people were detained, 1,109 were released, and 380 were named suspects.1 PART II THEMATIC ISSUES a. Capital Punishment 14. The 1945 Constitution (constitution) recognizes the right to life. However, some of Indonesia’s national laws still regulate the capital punishment, including the Criminal Code, the Terrorism Law, the Corruption Eradication Act Law, and the Psychotropic Substances Law. It is even imposed for criminal acts not categorized under ‘most serious crimes’. Execution of capital punishment has not been carried out since 2016. However, until 2019, the Indonesian Court of Justice still imposed capital punishment in as many as 80 of its rulings. This figure has almost doubled from the previous year (2018) when only 48 rulings were made. In fact, until April 2020, capital punishment is still being imposed. Moratorium on capital punishment is only limited to the actual execution. By law, the punishment is still applicable. 15. Komnas HAM found indications of violations of fair and impartial judicial principles against suspects and/or defendants on death penalty, including in the capital punishment on children, torture in detention, provision of legal counsel and/or interpretation service during the judicial process until a court decision with permanent legal force, appeal, cassation, judicial review, or clemency is given. Komnas HAM draws attention to the case of Yusman, a child sentenced to death on May 21, 2013 due to an error in registering the year of birth. Aside from the age issue, Yusman, who did not speak Indonesian, was also not accompanied by an interpreter during the judicial process. During the investigation, Yusman was not accompanied by a lawyer. On February 23, 2017, Yusman was acquitted by a judicial review. 16. Komnas HAM took note of the progress of the Criminal Code Bill. Capital punishment is no longer listed as principal criminal sanction. It now becomes a special criminal sanction imposed as an alternative punishment and in an non-absolute manner. However, capital punishment in the Criminal Code Bill still applies to various criminal acts including criminal acts that are not included in the category of most serious crimes. Komnas HAM recommends that Indonesia immediately abolish capital punishment in national law in a gradual and planned manner over the next five years, by starting to limit the types of crimes punishable by death penalty, conducting a comprehensive moratorium on capital punishment both in terms of judgment and the execution. 17. Komnas HAM noted that up to October 2019 there were a total of 271 death row inmates. Out of this number, as of April 2020, as many as 60 people were in the waiting period of more than 10 years, among whom 5 people had been in the waiting period for more than 1 Findings of the September 24-30, 2019 Incident of the Student Rally on Revision of the KPK Law and Criminal Code Bill, Komnas HAM, January 2020. 3