Komnas HAM, Indonesia, 3rd UPR
Komnas HAM, Summary of Findings and Recommendations for Improvement of the Law and Policy
Concerning Respect, Protection, Compliance and Remedy Relating to the Human Rights of Indigenous Peoples
over their Territories within the Forest Zone, Jakarta, 2016 (Annex 2)
32 Komnas HAM, 2016, ibid.
33 In response to recommendation 108.134, 108.135, 108.136
34 Law No. 8/2016, the Mental Health Act No. 18 In 2014, RAN is integrated in RANHAM Disabilities from
2014 to 2019 and the establishment of disabilities bylaws in some areas.
35 The government statement issued through the Ministry of Social Affairs about Indonesia regarding ending the
use of stocks, chaining and cage confinement for persons with mental illness by the year 2017 as published in a
number of media outlets . http://www.antaranews.com/berita/542731/pemerintah-targetkan-in d onesia -b eb aspasung-2017 and http://www.bbc.com/indonesia/berita_indonesia/2015/01/150129_indonesia_difabel_pemilu )
36
Komnas
HAM
monitoring
report
on
the
2015
Elections.
http://www.komnasham.go.id/sites/default/files/dokumen/LAPORAN%20PEMANTAUAN%20PILKADA%20
2015_1.pdf.
37 In response to recommendation 108.115, 108.117, 108.118, 108.119
38 National Seminar on the Protection of Human Rights Defenders Policy in Indonesia, accessed on August 29,
2016. http://balitbangham.go.id/berita/berita-balitbang/337-seminar-nasional-kebijakan-perlindungan-pembela ham-di-indonesia.
39
List of draft bills in the National Legislation Program (Prolegnas) 2010-2014.
http://www.dpr.go.id/dokakd/dokumen/prolegnas_Prolegnas_2010-2014.pdf
40 In response to recommendation 108.1, 108.2, 108.3, 108.4, 108.5, 108.6, 108.7, 108.10, 108.12, 108.13,
108.14, 108.15, 108.16, 108.17, 108.20, 108.21, 108. 22, 108.23, 108.24, 108.25, 109.1, 109.4, 109.6
41 Accountability Adviser to the President (Hasibuan, Albert, 2016:23).
42 Ministry of Justice and Human Rights (Kemenkum HAM), Komnas HAM, Komnas Perempuan, KPAI,
Republic of Indonesia Ombudsman (ORI) and the Witness and Victim Protection Agency (LPSK),
43 Memorandum of Understanding on Efforts to Control and Prevent Torture and Degrading Treatment or Other
Cruel, Inhuman, or Degrading Punishment to Any Person Located in Places of Detention within oversight of the
Ministry of Justice and Human Rights of the Republic of Indonesia, signed at Jakarta, 27 April 2016.
44Encourage Endorsment of the “Optional Protocol to the Convention on the Rights of Persons with
Disabilities” in Order to Fulfill the Human Rights of Persons with Disabilities. (Nainggolan, Yo s sa, A .P, an d
Rusman Widodo, Mochamad Felani, Dien Mochammad, Ernawati: 2016).
45 National Human Rights Action Plan
46In response to recommendations 108.32, 108.34
47 RANHAM II from 2011 to 2014. Currently RANHAM III from 2015 to 2019 reauthorized by Presidential
Order No. 75, Year 2016.
48 On October 2, 2015, Presidential Order No.10/2015 was issued, containing the 2015 Human Rig h t s A ct io n
Agenda for ministries / agencies and local government.
49 Revision of Law 39 of 1999 on human rights is one of the proposed strengthenings of human rights
institutions, but has not passed into law.
50 Less than optimal coordination between RANHAM & RAN Penca implementin g ag en cies an d les s t h an
effective mechanisms of monitoring, evaluation, and reporting on the implementation of RANHAM 2011 -2014
and RAN Penca 2004-2013 (taken from the presentation by Ardanta Ary Sigit (2016), Presidential Reg u latio n
No. 75 Year 2015 on National Human Rights Action Plan 2015 - 2019 (RANHAM 2015-2019). The
presentation was delivered during Human Rights Training for Cinere officials, August 2015)
51 In response to recommendation 108.26, 108.27, 108.28, 108.29, 108.30, 108.69, 108.116
52 The term ‘torture’ incorporated in the draft penal code is limited to the meaning or the t erm u n d er art icle 1
para 1 of CAT which, in essence, refers to the act of torture committed by or with the consent or acquiescence of
a public official or a person acting in an official capacity. It does cover an act of ‘torture’ committed by an
independent person. Additionally, an act of cruel, inhuman or degrading treatment or punishment is not
incorporated (as a criminal act) in the Draft Penal Code.
53 Clauses that are considered contrary to human rights should not be set in RKUHP, particularly with regard t o
the criminalization of ideology, such as treason and insulting the president. Protection and resp ect o f h u man
rights is recognized in the 1945 Constitution through the amen dment process, the enactment of Law No.
39/1999 on Human Rights, and Law No. 26 Year 2000 on Human Rights Court, as well as the ratification of
international human rights instruments..
54 Special Crimes include corruption, gross human rights violations, narcotics trafficking, etc.
55 National Agency for Combating Terrorism (Badan Nasional Penanggulangan Terorisme abbreviated BNPT)
31
10