Komnas HAM, Indonesia LOIPR ICCPR
27.
In addition to the above conditions, overcapacity in correctional facilities and detention
centers has resulted in poor, inhuman condition that often undermines human dignity.
Based on the data as of October 31, 2019, a total of 266,057 people occupies the
maximum correctional capacity of 129,948 all over Indonesia. This means that the excess
capacity reaches 105%. This is also one of the findings of the Cooperation for the
Prevention of Torture (Kerjasama untuk Pencegahan Penyiksaan) as a collaborative
platform between five state institutions facilitated by Komnas HAM.
List of issues:
1) How does Indonesia ensure zero tolerance for torture or other cruel, inhuman, and
degrading punishment, including imposing sanctions to law enforcement officials
and correctional officers in an accountable and transparent manner?
2) Is there any guarantee to recover of the rights of victims of torture and how effective
is the recovery for victims?
3) How will the ratification of the OPCAT ensure that correctional facilities and
detention centers comply with the human rights principles?
d. Freedom of Association and Organization
28.
Komnas HAM's review of Law Number 17 of 2013 concerning Community-Based
Organizations (Ormas Law) suggests that the registration of CBOs as a prerequisite for
access to resources will create an environment that is not conducive to the growth and
development of organizations. The a quo law requires all non-governmental
organizations to register and obtain a Registered Certificate (SKT) from the government
and must report their activities regularly. The interpretation of SKT is widening as a form
of legitimacy of CBOs. This also applies to followers of beliefs, religious minorities, and
indigenous peoples. SKT ownership is also a prerequisite for organizations to become
election observers in several regions. This law contradicts the ruling of the Constitutional
Court Number 82/PUU-XI/2013 which cancels SKT as a precondition for the
establishment of CBOs and cannot be used as a basis for the dissolution of an CBO by
the Government.
29.
In 2017, the Government issued Government Regulation in Lieu of Law Number 2 of
2017 concerning Amendment to Law Number 17 of 2013 concerning Community-Based
Organizations (Perppu 2 of 2017) which abolished the judicial process in dissolving
CBOs. The Indonesian Hizbut-Tahrir (HTI) organization became the first organization
to be dissolved without a judicial process following the issuance of Perppu 2 of 2017.
The Perppu has been passed into Law Number 16 of 2017. Several other CBOs that have
also been dissolved without going through proper judicial process include Gafatar, the
Teluk Jambe Farmers Union, and the Pembebasan (Liberation) Organization.
30.
At regional level, Komnas HAM documented several events that include, among others,
a rally on April 29, 2019, in Pontianak that got disbanded with violence as it was
considered to be pro-LGBT movement. On April 18, 2020, the Jogja Food Solidarity
meeting to help the people affected by COVID-19 at the Jogja regional office of the
Indonesian Forum for Environment (WALHI) was dissolved with intimidation because
it was deemed not to comply with health protocols.
List of issues:
1) How can Indonesia ensure there is no discriminatory action against organizations
without SKT in accordance with the Constitutional Court's decision, including
7