Komnas HAM, Indonesia, 3rd UPR
29. Komnas HAM recommends that the Government and Parliament
include the issue of the protection of human rights defenders into the
revision of Law No. 39/1999, to includes normative guarantees, protection
mechanisms, effective restoration and responsible institutions, as well as
enforce sanctions against perpetrators.
C.
Ratification of Human Rights Instruments 40
30. The Government ratified OP-CRC in September 2012. Kemenkopolhukam
held policy discussions regarding the completion of work on Gross Human
Rights Violations in October 2012.41 In 2016, several institutions42 signed a
MoU to conduct monitoring of the treatment of people in places of detention
and prevention of torture.43 Meanwhile, Komnas HAM finished preparing a
position paper to encourage ratification of the OP-ICRPD.44
31. Since the 2nd UPR cycle, the Indonesian Government has not ratified the
OP-CAT, the Rome Statute, CPED or OP-ICRPD. Failure to ratify these
treaties is responsible for non-fulfillment of the rights of individuals in
detention, the continuation of impunity and lack of an international
mechanism for handling disability cases.
32. Recommendation: The Indonesian Government immediately ratify
OP-CAT, the Rome Statute, CPED and OP-ICRPD.
D.
National Legislation Relevant to the Promotion and Protection of Human Rights
1.
Strengthening Human Rights Institutions and RANHAM 45 2015 – 201946
33. Efforts for institutional strengthening of human rights became the agenda
in RANHAM 2 and RANHAM 3.47 Presidential Instruction outlines the steps
needed for RANHAM implementation. 48
34. Implementation is slow due to lack of development for regulatory and
support mechanisms.49 Evaluation of RANHAM implementation revealed
some challenges50 that need to be addressed.
35. Recommedations: (1) Enactment of a Revised Human Rights Law in
2018 and a separate new law regarding Komnas HAM. (2) Establish an
effective implementation mechanism for RANHAM 2014-2019.
2.
Revised Penal Code (RKUHP)51
36. The Revised Penal Code (RKUHP) was prepared more than 10 years ago.
The government has submitted a draft RKUHP to be discussed in Parliament,
and has completed the first book discussion on general provisions and will
continue discussion of the second book of criminal offenses in the agenda of
its next session. Appreciation is given to the Government for inclusion of the
principle of legality and the crime of torture in the RKUHP.52
37. The duration of the RKUHP discussion led to many changes that must be
made, especially the persistence of articles contrary to human rights
5