I.
II.
INTRODUCTION
1. The Indonesia National Commission on Human Rights (Komisi Nasional
Hak Asasi Manusia, popularly known and referred to by its acronym
“Komnas HAM”), provides this submission to the United Nations Human
Rights Committee (hereafter the Committee) with regard to Indonesia’s
implementation of the International Covenant on Civil and Political Rights
(ICCPR).
2.
Under its statutory function, Komnas HAM can conduct human rights
monitoring, including monitoring the implementation of the international
human rights instruments to which Indonesia is a state party, in this case, the
International Covenant on Civil and Political Rights (ICCPR).
3.
Komnas HAM is a national human rights institution with an “A”
accreditation by the Global Alliance of National Human Rights Institutions
(GANHRI).
4.
Previously, Komnas HAM submitted a Submission on the List of Issues Prior
to Reporting (LOIPR) on Indonesia’s anticipated 2nd periodic report under
the International Covenant on Civil and Political Rights (ICCPR) in January
2020. This submission is a follow-up submission of the previous one.
THEMATIC ISSUES
A. General information on the national human rights situation, including new
measures and developments relating to the implementation of the Covenant
5.
The House of Representatives (DPR) passed the new Criminal Code (KUHP)
in 2023, which has been ratified as Law No. 1 of 2023 concerning the
Criminal Code. It should be noted that this Criminal Code will come into
force 3 (three) years after it was passed.
6.
There have been several advancements in human rights in the new Criminal
Code, namely: the determination of actions of discrimination, torture, and
obstruction of justice as crimes under the criminal code. In addition to that, it
is worth noting that the death penalty is no longer classified as a primary
form of punishment.
7.
However, there are still some prescriptions in the Criminal Code that carry
potential threats to human rights, namely: the crime of defamation against
state officials, as well as articles on disruption against public order, due to its
broad interpretation.