Komnas HAM, Indonesia, 4th UPR
violations of human rights and provisions in the Criminal Procedural Code during the inquiry, investigation,
prosecution and trial process. These violations included torture, not having access to interpreter, not having
access to a lawyer, forcing the suspect to sign a police examination report that (s)he did not understand, the trial
being not objective, and extortion of the suspect/accused/convicted. Violations also occur in the form of the
duration between the trial until the execution and allegations of torture and legal engineering at each stage of the
trial.
11 Komnas HAM together with the National Commission on Violence Against Women (Komnas Perempuan),
the Indonesian Child Protection Commission (KPAI), the Witness and Victim Protection Agency (LPSK), and
the Ombudsman of the Republic of Indonesia have joined in the Cooperation for the Prevention of Torture
(KuPP). Since 2016, the five institutions have shared a common understanding on the importance of joint efforts
to prevent torture and other ill-treatment.
12 KuPP (2021), Mekanisme Pencegahan Praktik Penyiksaan dan Perlakuan Buruk dalam Proses Penyidikan dan
Penyelidikan di Kepolisian (Mechanism for the Prevention of Torture and Mistreatment in the Police
Investigation and Investigation Process), Manuscript in drafting process.
13 Ibid.
14 Data from the Directorate General of Corrections of the Ministry of Law and Human Rights as of 21 February
2022, available at: http://dashboard.ditjenpas.go.id/
15 KuPP (2020), Kertas Kebijakan Membangun Zero Tolerance Penyiksaan dan Penghukuman Lain yang Kejam
dan Tidak Manusiawi terhadap Deteni di Rudenim (Policy Paper on Building Zero Tolerance for Torture and
Other Cruel and Inhuman Punishments against Detainees at the Immigration Detention Centre), available at:
https://www.komnasham.go.id/files/20211116-kertas-policy-menbangun-zero -$XFTQP6W.pdf
16 Komnas HAM has requested the President to urge the Attorney General's Office to immediately resolve the
cases of alleged gross human rights violations. Komnas HAM and LPSK have developed a mechanism for
restoring victims' rights. Komnas HAM can issue Certificates of Victims of Human Rights Violations, which
will be followed up by LPSK providing the certificate bearers access to basic health services for victims.
17 Some cases in 2020-2021 include: the dispute on the Tlogosari Indonesian Baptist Church construction in
Tlogosari, Semarang; the establishment of At-Taqwa Muhammadiyah Mosque in Bireuen, Aceh; the Ahmadi
communities in Surabaya, Sintang, Sukabumi, Tasikmalaya, and East Lombok Timur; and the Shia community
in Sampang, Madura.
18 Komnas HAM also engages in mediation for and management of complaints related to freedom of religion
and belief. Komnas HAM also has published Standard Norms and Procedures on the Right to Freedom of
Religion and Belief to be a reference in understanding, assessing, and implementing the applicable human rights
principles including in responding to incidents in communities.
19 Komnas HAM (2020), Kajian Komnas HAM RI atas PBM No. 9 dan 8 terkait Pendirian Rumah Ibadah
(Komnas HAM’s Analysis on the Joint Ministerial Regulation No. 9 and 8 on the Establishment of Houses of
Worship), available at: https://www.komnasham.go.id/files/20201219-kajian-komnas-ham-ri-atas-pbm-$VBFI34A.pdf
20 For example, Aceh Regional Regulation (Qanun) No. 4of 2016 on the Guidelines for Maintaining Inter
Religious Harmony and House of Worship Establishment.
21
Law Number 21 of 2007 on the Eradication of the Crime of Trafficking in Persons, Law Number 12 of 2017
on the Ratification of the ASEAN Convention Against Trafficking in Persons Especially Women and Children,
and Law Number 18 of 2017 on the Protection of Migrant Workers.
22 The result of Komnas HAM’s monitoring and investigation into the Violence in Human Cage at the
Residence of Suspended Langkat Head of District, available at: https://www.komnasham.go.id/files/20220302keterangan-pers-nomor-nomor-007-$S4SYRB3.pdf.
23 The 1945 Constitution and Law no. 39 of 1999 on Human Rights recognizes “masyarakat hukum adat” which
literal translation into English is "customary law-based community". This term refers to "indigenous peoples" in
international human rights law.
24 In 2021 the government issued 35 decrees on traditional forests, see:
https://www.menlhk.go.id/site/single_post/4306/pemerintah-terus-percepat-pengakuan-hutan-adat.
25 Komnas HAM, 2020, Menyoal RUU Masyarakat Hukum Adat (On the Traditional Law Community Bill),
available at: https://www.komnasham.go.id/index.php/news/2020/6/30/1460/menyoal-ruu-masyarakat-hukumadat.html
26 Nine subsidiary regulations related to the fulfillment of rights for persons with disability were passed in
2019-2020, see: https://mediaindonesia.com/humaniora/365934/9-peraturan-turunan-uu-penyandang-disabilitas.
A development planning and budgeting document has also been prepared related to respecting, protecting and
fulfilling the rights of persons with disabilities, namely the Development Master Plan for Disability through
Government Regulation Number 70 of 2019.
27 The National Commission on Disability is an independent institution tasked with monitoring, evaluating, and
advocating for the respect, protection, and fulfillment of disability rights. Its legal basis is the Law on Persons
with Disability and the Presidential Regulation Number 68 of 2020 on the National Commission on Disability.
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