Komnas HAM, Indonesia, 3rd UPR
prisoners at Class IIB Prison of Nabire (October 23, 2014) and Class I Prison of Surabaya (18 November 2014),
Class I and class IIA Prisons of Malang (19 November 2014). In 2015 monitoring were done at Class IIA prison
and detention center in Banjarmasin (July 11, 2015) and Class IIA Paledang Prison in Bog o r (Ju ly 29, 2015).
Komnas HAM also monitors Death inmates at Class I Prison in Tangerang and Nusakambangan (fo r Clas s IA
Batu Prison, Class II Narcotics Prison, Class IIA Pasir Putih Prison, Class IIA Permisan Prison, Class IIA
Kembang Kuning Prison and Class IIA Besi Prison) on 20-22 October 2015. In 2016 monitoring was done
related to clashes among inmates affiliated to 'Baladika' at Class IIA prison in Denpasar, Bali (February 24,
2016), Class IIA prison and detention center in Pontianak (14 April 2016), riot incident at Clas s IIA Ban ceuy
Prison in Bandung (9 - May 11, 2016), riots and burning incidents at Class IIB Malabero Detentio n Cen ter in
Bengkulu (11 and May 12, 2016). Komnas HAM also monitors cases of people with mental illness that
imprisoned in the houses in East Java, Bali, Banten, South Sulawesi and West Java (April-August, 2016)
18 Based on monitoring data, in the last 3 years Komnas HAM has conducted some monitoring visits to
immigration detention centers: in Kupang, NTT (22 and August 23, 2013), Belawan, North Sumatra (19 and
October 20, 2013), Tanjung Pinang, Riau Islands (6-7 November 2013), Makassar, South Sulawesi (25-26
August, 2014), Kalideres, Jakarta (17-18 September 2014), Jayapura, Papua (October 21, 2014), and Surab aya,
East Java (17 November 2014). Komnas HAM also visited the Immigration Office Makassar, So u th Su la wesi
(25 August 26 2014). In 2016 Komnas HAM visited immigration detention centers in Pontianak, West
Kalimantan (14 April 2016), Jayapura (June 16, 2016). The findings from the visits are, among others, overcapacity of the immigration detention centers, different policies and lack of standards to manage the d et ent io n
centers, unclear period of detention in as it depends on the role of UNHCR, and the lack of capacity and
capability of staff/employees, particularly their understanding to coach the detainees.
19 In response to recommendation 108.94, 108.96
20 There are eight cases of gross human rights violations that have been investigated by Komnas HA M an d are
still waiting for the investigation of the Attorney General.
21 Regulations supporting impunity, such as Act No. 31/1997 on Military Courts (list UU)
22In response to recommendation 108.68, 108.97, 108.99, 108.100, 108.104, 108.106, 108.107, 108.108,
108.110, 108.112
23 As reported by a number of media sources, many Shia groups experienced displacemen t, a mo n g o t hers in
Madura (See https://m.tempo.co/read/news/2012/01/13/058377115/pengusiran-paksa-warga -syiah -samp angdikecam)
24 National Medium Term Development Plan (Rencana Pembangunan Jangka Menengah N a sion al/ RPJMN)
taken from the "NawaCita", the programs promised by President Joko Widodo (Jokowi) during his president ial
election campaign in 2014. In NawaCita, Jokowi committed to protect vulnerable and marginalized g ro ups as
part of the fulfillment of human rights.
25 Komnas HAM has worked with UNDP to strengthen the programs for minority rights in support of the
mandate of Komnas HAM where one target group is the LGBT minority. The program was frozen by Bappenas
because the Indonesian government has banned programs from receiving foreign aid related t o LGBT is s u es.
The minister of foreign affairs also said the freezing of funds is as an attempt by Indonesia to counteract foreign
influences deemed damaging to national morals. Several ministers have made public anti-LGBT stat ement s t o
the media including the Minister of Research and Technology and Higher Education stating that LGBT s h o uld
be banned from universities and the Minister of Social Affairs stated there should be rehabilit at io n fo r LGBT
and considers them as a contagious disease.
26 Anti-LGBT campaign by officials contained in Press Releases on statement by Komnas HAM regard in g t h e
situation of attitudes towards the LGBT Community (See http://www.komnasham.go.id/kabarlatuharhary/siaran-pers-pernyataan-sikap-komnas-ham -atas-situation-that-happened-community-lgbt)
27 The 1945 Constitution and Law 39 of 1999 on Human Rights recognizes masyarakat hukum adat or lit erally
translated “traditional law society”. The term may refer to “indigenous peoples” in the context of intern atio nal
human rights law.
28 In response to recommendation 108.140, 108.144
29 The Ministry of Home Affairs issued Decree No. 52 Year 2014 on Guidelines for Inventory and Identification
of Indigenous Peoples; MOHA, MENHUT, MENPU, KBPN establish Joint Regulations on the Procedures fo r
Settlement of Land Tenure Being in Forest Area. The Directorate General of Culture of The Ministry of
Education and Culture has identified and promoted local religious and beliefs.
30 Referring to the recommendation of Universal Periodic Review (2012), necessarily the Parliament and the
Government draft discussion of Law on the Recognition and Protection of the Rights of MHA. However, u n til
the month of August 2016, the fate of the draft law is still uncertain. President Joko Widodo promised to
establish an independent institution for the promotion and protection of Rights of the MHA, but until now there
has been no clarity, although steps have been initiated since its formation in 2015.
9