-6-
6. In should be noted that The Law No. 26 of 2000 on Human Rights Court contains
several weaknesses and deficiency that has deterred the cooperation between Komnas
HAM and the State’s institution that then also deterred the judicial process of resolving
gross human rights violation. Thus, amendment of this Law is an urgent need.
Counter-terrorism measures and respect of Covenant guarantees
7. As mentioned in the previous submission, Komnas HAM pays special attention to the
work of the Indonesian National Police in handling the case of terrorism. It should be
mentioned that Komnas HAM specifically monitored the work of the police in
combating terorrism in the period of 2009-2013 in the province of Aceh, Central Java,
Jakarta and North Sumatera, Poso and Palu, Central Sulawesi. Komnas HAM found that
several human rights violations allegedly were committed by the police, among others:
a). Arbitrary arrest and detention; Killing ; c). unprocedural search and seizure act (not
inline to the Criminal Procedures (Kitab Undang-undang Hukum Pidana/KUHAP); d)
torture, e. orchestrated legal assistance; f) the act of intelligent causing physical and
mental terror to the society; g) violations to the right to worship; h). the right to
information of the family on the whereabout of detainees’s.
8. Thus, as mentioned before, Komnas HAM observed that the Police was not using
careful procedure which may lead to human rights violations, among others are the
violations of liberty and security of persons of the civilian populations who are not
involved in terrorism and the uncareful procedure in handling the persons allegedly
involved in terrorism.
9. Again, Komnas HAM urges Indonesia to conduct a comprehensive evaluation
regarding the work of the Police in handling the case of terrorism in order to be in line
with human rights. Komnas HAM is of the view that a comprehensive approach,
including a preventive measures and dialogue, should be used in handling and
combating terrorism while also look at the possibility to amend the Law on Combating
Terrorism.
Right to life (art. 6)
10. As mentioned in paragraph 6, Komnas HAM monitored the work of the police on
hadling terrorism in the period of 2009-2013. The result of this monitoring works
indicates that the personnel of the police allegedly killed the terrorist suspect in the
course of apprehending them. It reflect in the recent situation in which within the period
of November 2012- Februari 2013 at least 8 people of terrorist suspect were killed in
Poso, Central Sulawesi ; Dompu, West Nusa Tenggara and Makasar, South Sulawesi.
Recently, on 6 June 2013, a terrorist suspect (Nudin) was killed in Poso, Central
Sulawesi. Komnas HAM noted that since the establishment of The National Police's
Densus 88 counterterrorism unit, many terrorist suspect were killed in the course in
apprehending them. In this regard, Komnas HAM is of the view that in some cases the
situation of the apprehension can not be considered dangerous to the life of the police
personnel and the civilian.