Komnas HAM, Indonesia, 4th UPR
65.
The government has formulated the 2020-2035 Education Roadmap. Nevertheless,
there are still obstacles in the 122 administrative regions in Indonesia that fall within
the remote, outermost and disadvantaged category.59
66.
In response to the COVID-19 pandemic, the government has set a number of policies
to enable all students to continue to enjoy the right to education, although a number of
studies have shown that there is learning loss in the process, especially due to the
distance learning.60
67.
Specifically, for students with disabilities, the government has prepared a Master Plan
for Persons with Disabilities with a focus on education on strategic target VI61 and
ratified Government Regulation Number 13 of 2020 on Appropriate Accommodation
for Students with Disabilities.62
68.
Recommendations: Accelerate the implementation of the national education policies
in accordance with the 2020-2035 Education Roadmap, increase understanding on
and provide inclusive education, and progressively improve educational facilities and
infrastructure.
1
The National Human Rights Commission of the Republic of Indonesia (Komnas HAM) is an independent state
institution that has the functions of reviewing, researching, counseling, monitoring, and mediating human rights,
including the implementation of international human rights law in Indonesia. See Article 1 point 7 and Article
89 paragraph (1) of Law 39/1999 on Human Rights.
2 Komnas HAM will watch the ITE Law’s amendment closely to ensure that human rights principles are
prioritized. Komnas HAM is of the opinion that the articles that need to be amended \ are not limited to Articles
27, 28, 29, and 36, but also: Article 26 paragraph (3) on the deletion of information; Article 40 paragraphs (2a)
and (2b) related to the prevention of illegal information dissemination and the government's authority to cut off
access to it; and Article 43 paragraphs (3) and (6) on searches, confiscations, arrests and detentions. Komnas
HAM’s statement on the law’s revision is available at: https://www.komnasham.go.id/files/20210615-ketanganpers-nomor-17-hm- 00-$NJIJ5Q.pdf
3 The survey was conducted by Komnas HAM in 2020 involving 1,200 respondents in 34 provinces in
Indonesia, available at: https://www.komnasham.go.id/files/20211007-laporan-riset-kuantitatif-hak- $Y6QE459JP.pdf
4 In 2021 the Minister of Communication and Information, the Attorney General, and the Head of the
Indonesian National Police issued a joint decree on the implementation guidelines for certain articles in the ITE
Law to respond to the public concern that ITE Law contains ambiguous articles that can be easily used for
criminalization and are discriminatory in nature. Unfortunately, this joint decision has not solved the issues with
the law’s implementation due to weak enforcement and the law enforcement’s lack of understanding on the joint
decree’s content.
5 Komnas HAM, Pelanggaran Kebebasan Berekspresi dan Berpendapat Terjadi di Ruang Digital (Violations of
Freedom of Expression and Opinion in the Digital Space), available at:
https://www.komnasham.go.id/index.php/news/2022/1/17/2065/komnas-ham-pelaksanaan-kebebasanexpression-and-opinion-happening-in-digital-space.html
6 The government restricted internet access during the May 21-23 2019 Riots, see:
https://www.voice.com/news/2019/05/23/224405/kominfo-block-access-medsos-komnas-ham-agak- lebay.
Further on internet blocking in Papua on 21 August-4 September 2019, see
https://nasional.kompas.com/read/2019/08/26/15372721/komnas-ham-pemblokan-internet-di-papua-melanggar ham).
7 The Jakarta State Administrative Court in its decision number 230/G/TF/2019/PTUN-JKT determined as
illegal the government's actions to throttle or slow down internet access/decreasing the bandwidth in several
areas of West Papua Province and Papua Province in August 2019 as well as to completely block data services
and/or cut off internet access in Papua and West Papua Provinces in August 2019, see: https://ptunjakarta.go.id/wp-content/uploads/2020/06/2019_TF_G_230_ujungan_akhir.pdf
8 The confirmation of the Public Relations of the Directorate General of Corrections of the Ministry of Law and
Human Rights is available at: https://www.jpnn.com/news/ditjen-pas-kemenkumham-mengonfirmasi-404terpidana-mati-enter-List-Wait-exekusi.
9 Komnas HAM, 2021, Standard Norms and Regulations on the Right to Health.
10 The death penalty process is considered to still have not fulfilled the sense of justice and legal protection,
especially in relation to the denial of the death row convicts’ rights. It is suspected that there have been
8