1. The Asian Legal Resource Centre (ALRC) wishes to bring the attention of the UN Human Rights Council to Indonesia’s dismal standard of punishment for summary executions. Perpetrators are merely sentenced with light punishment, and, moreover, police are generally reluctant to investigate cases of torture and murders involving the Anti-Terror Police Unit (Detachment 88). In addition, the Indonesian government has yet to show serious commitment to prosecute past cases of extrajudicial killings, such as the murder of Munir Said Thalib, the killing of labour activist Marsinah, as well as numerous extrajudicial killings that have occurred in conflict areas, such as Papua.
1. The Asian Legal Resource Centre (ALRC) wishes to draw the attention of the UN Human Rights Council to Indonesia’s dismal protection and acknowledgment of the right to freedom of assembly and association. As a state party to the International Covenant on Civil and Political Rights (ICCPR), the government has an obligation to guarantee such rights. The Constitution of the Republic of Indonesia (UUD 1945) also clearly guarantees and protects such rights. Despite this, countless violations of these rights occur, while the State is largely ignorant and indifferent.
1. The Asian Legal Resource Centre (ALRC) wishes to draw the attention of the UN Human Rights Council (UNHRC) to the repeated violations taking place against minority religions and beliefs in Indonesia. In the last two years, congregations of Ahmadiyya, Christian, Gafatar, and even Muslim communities, have all been targeted.
1. The Asian Legal Resource Centre (ALRC) wishes to draw the attention of the UN Human Rights Council (UNHRC) to the fact that torture and other cruel, inhuman or degrading treatment or punishment continues to recur widely in Indonesia. Although Indonesia is a state party to the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), with the promulgation of Law No. 5 of 1998, torture remains routine, with only a few perpetrators being lightly punished.
1. Although Indonesia’s Constitution guarantees the right to life, the Asian Legal Resource Centre (ALRC) wishes to inform the UN Human Rights Council that summary executions occur frequently in Indonesia. The targets are most often indigenous people and human rights defenders.
Indonesian legal system does not have a special law procedure which regulates pre-trial mechanism, and which can challenge whether or not arrest or detention has been lawful. Therefore, the accused or suspects face difficulty in exercising their rights with regard to the due process of law. This needs to be addressed not only by lawmakers but also by the wider Indonesian society and the international community, considering the scale and frequency of arbitrary arrest and detention that continue to occur in Indonesia. An Open Letter from the Asian Human Rights Commission (AHRC) to the Chairperson Working Group on Arbitrary Detention, Mr. Mads Andenas Mr. Mads Andenas Chairperson Working Group on […]
Indonesia’s present government also does not have any plans to work on the issue of disappearances. Moreover, the Indonesian Penal Code (KUHP) does not regulate and prosecute enforced disappearances.
It is tragic that the circumstances of human rights abuse victims in Indonesia are totally different to that of the alleged perpetrators. The perpetrators have never been brought to court and are enjoying transitional democracy by establishing political parties and running for elections.
The police and military have been involved in many conflicts to facilitate mining and plantation. They invariably stand on the side of the company. For instance, in March 2015, in Ramunia Village, Pantai Labu Sub-district, North Sumatera Province, the Military attacked peasants at the time of grabbing their land.
FOR IMMEDIATE RELEASE ALRC-CWS-29-16-2015 June 12, 2015 A Written Submission to the UN Human Rights Council by the Asian Legal Resource Centre INDONESIA: Weak judicial system and insufficient legal aid allows for unfair trial A basic requirement in ensuring justice, fair trial is largely dependent on the state of the criminal justice system in the country, particularly the effectiveness of judges and lawyers. The Asian Legal Resource Centre (ALRC) wishes to draw the attention of the UN Human Rights Council to the fact that judicial independence in Indonesia suffers. Indonesia’s Judicial Commission received as many as 1,781 complaints from the public about unfair trial between January and December 2014. In […]