Komnas HAM, Indonesia, 4th UPR
Bill on Criminal Code Amendment (RKUHP)
44.
Komnas HAM views that there remain a number of issues that pose potential human
rights violations in RKUHP.40
45.
Komnas HAM considers as one of the fundamental problems the inclusion of the
chapter on special crimes, including gross human rights violations, in the RKUHP.41
46.
GoI has not fulfilled the public right to participate in the preparation of the RKUHP.42
47.
Recommendation: Deliberating RKUHP in participatory manner and prioritize
human rights principles and values in formulating the provisions, and excluding the
chapter on Special Crimes from the RKUHP.
The Job Creation Law
E.
48.
Law on Job Creation has enacted without meaningful public participation even though
it has the potential to violate human rights.43 In November 2021, the Constitutional
Court ruled that the Job Creation Law was conditionally unconstitutional and must be
amended within two years of the ruling.44
49.
Recommendation: Revise the Job Creation Law and its derivative regulations
formally and materially in accordance with human rights principles and norms.
Other issues
Human rights education and training
50.
The government45 have conducted various human rights education dan training
activities. However, there remain allegations of human rights violations committed by
law enforcement officers and local and central government officials.46
51.
Recommendation: Incorporate a human rights curriculum in every level of education
and training in all government agencies at the central and regional levels.
Forced evictions
52.
In the 2019-2021 period, Komnas HAM received 115 complaints related to
infrastructure development,47 including the National Strategic Project (PSN).48
53.
In several cases, the PSN constructions have been marked by violence and
intimidation by state officials against people who refuse to surrender their land, such
as the case of the Lambo Reservoir (2021) and the Bener/Wadas Dam (2022). Several
development projects outside the PSN category carried out by government agencies or
state owned enterprises also carried out forced evictions, such as at Pancoran Buntu
Gang II (2021), Taman Sari Bandung (2019), and Tambakrejo (2019).
54.
Recommendation: Comply with the principle of free prior informed consent, the
right to participation, transparency, and the right to community welfare in the PSN
operations or infrastructure development.
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