Komnas HAM, Indonesia LOIPR ICCPR
2) How does Indonesia ensure that PBM 8 and 9 of 2006 will be reviewed to ensure
equal rights in the establishment of places of worship, including reviewing local
regulations related to this matter?
3) How does Indonesia strive to continuously develop awareness and tolerant attitudes
towards differences, especially in establishing houses of worship?
23.
Many victims of violations of religious freedom have experienced acts of physical
violence, property violence, and even eviction from their area of origin. Until now some
of the victims are still being displaced, as experienced by the Ahmadiyya community
who fled in Transito, and Shiites from Sampang who sought refuge in Sidoarjo. This
happened due to the application of PNPS 1 of 1965, Joint Ministerial Decree, and
Persecution.
Issue:
What has the government done to restore the victims' rights and how much longer will
the victims be displaced?
24.
Komnas HAM welcomes Constitutional Court Decision No. 97/PUU-XIV/2016 issued
on October 18, 2017 and read at an open Plenary Session on November 7, 2017,
concerning Judicial Review of Law No.23 of 2006 concerning Population Administration
in conjunction with Law No.24 of 2013 concerning Amendments to Law No.23 of 2006.
The Constitutional Court's decision is of great importance in the recognition of "religious
beliefs" in the Population Administration System. The Constitutional Court's decision
was seen by many as an entry point for the restoration of the rights and dignity of the
believers, adherents of ancestral religions. This is important considering adherents of
ancestral religions have experienced both discrimination and stigmatization.
Notwithstanding, the follow-up implementation of the Constitutional Court Ruling is still
limited.
25.
Komnas HAM considers violations of the right to freedom of religion and belief to occur
because of: a) very strong pressure from intolerant groups; b) weak knowledge and
awareness of the central and regional government apparatus; c) regulations at the central
and regional levels that conflict with human rights principles; and d) local government
policies that prioritize certain groups; e) weak law enforcement against perpetrators.
List of issues:
1) How does Indonesia build awareness of tolerance by promoting the protection of
minority groups?
2) How can Indonesia ensure reliable law enforcement against the perpetrators?
3) How can Indonesia ensure the protection and respect for the rights of non-religious
believers?
c. Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment
26.
Komnas HAM took note of acts of torture and other cruel, inhumane, and degrading
treatment or punishment in 2017, when 99 cases were reported, 2018 (120), and 2019
(94). In addition to the data obtained by Komnas HAM, acts of torture and especially
inhumane and degrading treatment are still reported in mainstream media and social
media. Inhumane and degrading treatment is often found in the form of forced headshaving, strip-down, and degrading gesture in the legal process.
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