The Asian Legal Resource Centre (ALRC) welcomes the opportunity to contribute to the Human Rights Council’s Universal Periodic Review (UPR) of Indonesia. In the second cycle of the UPR in 2012, in total, the Republic of Indonesia received 180 recommendations, out of which the Delegation was able to accept 144 during the Working Groups session. The remaining 36 recommendations needed further consultation with relevant stakeholders in Indonesia. After consultation, the government accepted six of the recommendations as well.
Criminal justice system and normative legal framework
Revision of the Penal Code: Addressing torture and capital punishment
1. Torture is still a serious problem in Indonesia. In the past four years, most torture committed by police officers related to obtaining confessions from suspects in custody. The Asian Human Rights Commission (AHRC), the ALRC’s sister organization, documented and reported various torture cases occurring in police custody. In 2013 for instance, Mr. Aslin Zalim was forced to confess and tortured to death in the custody of Bau Bau Police Resort (Polres Bau Bau), South East Sulawesi Province. In 2014, Mr. Oki Saputra, a suspect of motorcycle theft, was tortured for confession in police custody. In 2015, police officers of the Widang Police Sector (Polsek Widang), Tuban Regency, East Java Province, tortured Fiki Arfindo (13) to confess. Further, in 2016, Mr. Siyono, a terrorist suspect, was forced to confess and tortured to death by the Anti-Terror Police Unit (Densus 88). Similarly, Mr. Juprianto and Marianus Oki were both tortured to death to obtain confessions in police custody. In all of these cases, the police have made little progress in investigation. The few cases that have been prosecuted have resulted in light punishment, with no remedy for victims or their families.
2. The revision of the Indonesian Penal Code (KUHP) has not yet finished. The drafting committee has only finished the first chapter of the new penal code, which is still problematic in relation to serious crimes, including torture. The new bill does not regulate a high standard of law enforcement, and punishment against torture is limited to the punishment of torture as regulated under article 1 of the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), overlooking Article 16 of the Convention. If the drafting committee fails to broaden the definition of torture as regulated under Article 16, prosecution against torture will be very difficult to implement.
3. The drafting committee of the new penal code has also included the death penalty as a punishment. Article 67 of the new bill states, “the death penalty is a cardinal criminal sanction that has a special nature and is always invoked as an alternative”. According to the drafting committee, “Compared to other criminal sentences, the death sentence is the harshest sentence possible. Thus, it always has to be treated as an alternative to other criminal sentences, namely life imprisonment or a maximum 20 years imprisonment.” In other words, if the death penalty stands alone, legal action seeking clemency must be sought, whereas, if the death penalty is an alternative punishment, the accused cannot be executed insofar as they meet certain requirements. However, there is no clear definition and boundary when the death sentence will change to be the alternative, how to determine the criteria, and how to ensure there is no unfair practice in trial.
4. While Indonesia accepted recommendations under its last UPR, stating that “the death sentence is regarded as the last resort which is imposed selectively only for serious crimes, and the execution can only be carried out after all legal measures are exhausted,” since 2013, Indonesia has executed 19 people, most of them drug dealers.
1. In the past four years, the investigation of past human rights abuses has not seen any significant progress. Seven cases of past abuses remain in the Attorney General’s Office (AGO) since the National Commission on Human Rights (Komnas HAM) submitted its investigation into these cases, between 2003 and 2008. The cases consist of students shooting in Trisakti University and Semanggi (between 1998 and 1999), enforced disappearances of student activists (1997-1998), Talangsari massacre in Lampung (1989), Tragedy of 13-15 May 1998, Mysterious shootings (1981-1983), Wasior and Wamena case in Papua (2001 and 2003), as well as the 1965-1966 massacre. In addition, the government, through its previous Coordinator Minister of Politics, Law, and Security (Menkopolhukam), Mr. Luhut Binsar Panjaitan, stated that the government would not apologize to victims of the 1965-1966 massacres.
2. Under current President Joko Widodo, the government has not made any serious effort to solve these cases. In particular, although the Parliament issued a recommendation to the President to establish an ad hoc human rights court for the case of enforce disappearances against student activists, the recommendation has never been followed up by the President. On the contrary, President Widodo appointed Retired Army General Wiranto as Cabinet Minister of Politics, Law, and Security (Menkopolhukam). An individual with such a dubious human rights record should be prosecuted for his actions, rather than given a seat in government.
Serious gap in promotion and protection of human rights
Freedom of expression, peaceful assembly and opinion
1. Despite Indonesia having ratified key international human rights instruments which guarantee the right to freedom of expression and peaceful assembly, these rights continue to be violated. Moreover, Indonesia has no effective mechanism to prosecute and punish such violations. State officers have no guidelines on how to protect these rights and to ensure their behavior is not in violation of such rights.
2. In many cases, State agencies fabricate cases against those expressing their opinion. In October 2015, for instance, the police assaulted and forcibly dispersed a peaceful demonstration organized by labor and various civil society elements in front of the Presidential Palace. The police kicked, beat, and illegally arrested the protesters, and up until now no investigation has been conducted into police actions. On the contrary, 23 labor activists, two public lawyers, and one university student involved in the demonstration are being prosecuted and tried in the Central Jakarta district court. Assault and forced dissolution of a peaceful protest also occurred in Manado, where police officers along with local parliament staff and civil service police units attacked and forcibly dispersed a peaceful protest organized by students, injuring many of the students in the process. In Papua, the ALRC also documented and reported serious threats to peaceful assembly and association. On 5 April 2016, around 12 protesters were taken into police custody after they held a public protest in Mimika, Papua, and, on May 2, about 2,300 indigenous Papuans who took part in a peaceful protest in Jayapura and other cities in Papua were arrested. Though many of them have been released, the arrests caused considerable public fear and trauma. Further, on 15 July 2016, indigenous Papuan students faced serious discrimination and ill-treatment by thugs and mass organizations. The police failed to ensure protection for those blockaded in the student dormitory.
3. Moreover, police brutality also occurred in the mining area, where police officers and Military personnel assaulted local indigenous persons fighting for land rights and environmental health. The killing has resulted in only light punishment, and no remedy for victims or families of victims. In the last four years, the government has failed to develop effective mechanisms to address various problems occurring over land and natural resources. A lack of protection and acknowledgement regarding customary land and indigenous people are the primary causes of human rights violations in this area.
Situation of human rights defenders on the ground
1. The government has shown its unwillingness to continue with the drafting of the human rights defenders protection bill. In fact, the government and the Parliament have dropped the bill from the national legislation program list. Human rights defenders and activists, meanwhile, continue to face serious threats such as torture, murder, enforced disappearance, and other abuse. In the last four years, most of the human rights defenders working on land rights, anti-corruption, legal aid, and on advocating human rights policy have faced abuse.
2. It is the State apparatus and law enforcement agencies that have mostly conducted assaults and threats against right defenders. In some instances, the State apparatus directly attacked rights defenders; the murder of Mr. Jopi Teguh Lasmana Peranginangin (39), an environmental activist, is case in point. In other instances, the State has supported thugs and mobs that have attacked rights defenders, such as in the murder of land rights activist Salim Kancil. The police play a double role here: on one hand they receive complaints and reports of harassment submitted by right defenders, and on the other, the police commit violations against rights activists. These violations range from the murder of land rights activist Indra Pelani, to criminal charges against human rights lawyer Erwin Natosmal Oemar, who criticized the police, and Haris Azhar, who published information regarding allegations of high ranking police officers and military personnel involved in the drug trade.
Revision of the Penal Code regarding torture and capital punishment:
• The Parliament must ensure that punishment against torture and other cruel, inhuman, or degrading treatment or punishment is adequately incorporated into the new penal code bill.
• The drafting committee must re-consider the death penalty provision in the new penal code bill; despite the death penalty being applied as alternative punishment, which can be changed to life imprisonment, there is no clear parameter for when the death penalty can be changed to life imprisonment.
• The government should abolish the death penalty in the old penal code and the new draft bill, and without undue delay ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights.
Freedom of expression, peaceful assembly, and opinion:
• The government should respect and ensure protection of the right to freedom of expression, peaceful assembly, and opinion.
• The government should also ensure legal accountability and punishment against anyone violating this right.
Human rights defenders
• The government should ensure that its regulations guarantee and protect human rights defenders without any discrimination.
• The government should enact a special law on the protection of human rights defenders.
ANNEXURE – List of Cases
Aslin Zalim (forced confession and torture to death in police custody)
On 29 October 2013, at about 9 p.m. Aslin Zalim was taken to the Bau-Bau District Police by five police officers. Three of them were identified as Chief Police Brigadier Anton Winarso, Police Brigadier Yusuf, and Police Brigadier L.M. Yamin. No warrant was produced at the time of arrest. The family was informed that Aslin was arrested for “disturbing public order” upon the order of the Chief of the Bau-Bau District Police, Joko Krisdiyanto. At 10 p.m. on the same day, Aslin Zalim’s wife and mother-in-law visited the District Police Station, bringing some food and clothes for Aslin. Without providing any reason, the police did not allow them to see Aslin. On the next day, 30 October 2013, at 7.30 a.m. the family was contacted and asked to come to Bhakti Medika Hospital, as Aslin had passed away. The police initially claimed that after Aslin fell over, after doing some morning exercises, he was taken to hospital and died there. This contradicts the information provided by the hospital, which has stated that Aslin was already dead on arrival. As reported by KontraS, on 7 December 2013, the Chief of the Bau-Bau District Police stated that Aslin died in his cell. The Bau Bau District Court has convicted Police Adjunct Senior Commissioner (AKBP) Joko Krisdianto, former Chief of Bau Bau Police Resort (Polres Bau Bau), to six months in prison. Ten of his subordinates, involved in the torture of Aslin, have only been produced before the ethic court (internal mechanism). The AHRC published an urgent appeal on this case, available at: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-153-2013 and the urgent appeal update at: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAU-006-2015
Oki Saputra (a suspect tortured to confess in police custody)
On 6 February 2014, a police officer took Oki Saputra (19) to Padang Selatan Sub-District Police Station at 1.30 p.m. Oki was told that the police would like to question him on the motorcycle theft complaint lodged by his family two days earlier. Yet, upon his arrival at the police station, Oki was interrogated on a bag-snatch theft case that took place in January 2014. Oki was electrocuted and beaten during the interrogation, but he insisted that he had not committed the crime. At 3 p.m. the same day, Oki was taken to Padang District Police Station for further interrogation. He was forced to confess to being the perpetrator of the bag-snatch case and to name his accomplice. The officers beat Oki on his head and chest each time he denied his involvement in the crime. Under duress, Oki named one of his co-workers, Andi Mulyadi, to be his accomplice. The AHRC published an urgent appeal on this case, available at: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-022-2014
Afriando, 13 (suspect of motorcycle theft tortured to confess)
On 14 June 2015, at around 2 p.m., Afrindo’s neighbor Mr. Husen filed a report with the Widang police that Arfindo had stolen his motorcycle. The police then arrested Arfindo without any arrest warrant.
He was arrested in front of his brother’s clothes shop, where the police slapped his left cheek and brought him to the Widang Police Station. In custody, Arfindo was stripped naked, kicked, and beaten. The officers also threatened him by using a gun. In this manner, he was forced to confess that he had stolen a motorbike belonging to Mr. Husen. The AHRC published an urgent appeal on this case available at: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-094-2015
Siyono (tortured to death by Anti-terror Police Unit)
Mr. Siyono was arrested and illegally detained by the Anti-terror Police Unit (Densus 88) on the accusation of being a terrorist. Without showing enough evidence, the personnel of Densus 88 arrested and illegally detained Mr. Siyono. The arrest took place in Siyono’s home, which also functions as a kindergarten, and the searching scared the children studying there. Subsequently, on March 11, Siyono`s family received information from the police that Siyono had passed away in custody. According to the autopsy results, Siyono had been hit by a blunt object and this had broken five ribs on the left side and one on the right side of his chest. After his death, the police gave Siyono`s wife IDR 100.000.000 (one hundred million rupiah), equal to USD 7,619. The police argued that the money is aid for the family, not a bribe. The AHRC published an urgent appeal on this case, available at:
http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-022-2016 and also update urgent appeal available at: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAU-008-2016
Juprianto (forced confession and torture to death)
On 30 March 2016, at 7 p.m., Mr. Juprianto, who allegedly stole a motorcycle, surrendered to the Luwu police (Polres Luwu). Mr. Herianto, a cousin of Juprianto’s wife, accompanied him. Juprianto was in good physical condition when he gave himself up. After three days, on April 1, Juprianto`s wife visited her husband and found several injuries on his body. When she next visited him on April 3, she found him in a critical condition with new injuries. Juprianto told his wife that he was tortured by the Luwu police officers. He was tortured during the field examination in Padang Sappa Police Sector (Polsek Padang Sappa) and during the examination in the Luwu Police Station. Juprianto told his wife that he sustained various injuries: on the front of the left and right knees due to beating by police officers, who used a black stick; front of the left and right shins down to the feet after being kicked; front of the shinbone of the foot up to the ankle; entire left and right leg due to being kicked by policemen who were wearing boots; beating by a blunt object; trauma to his back due to trampling by police officers. The AHRC published an urgent appeal on this case, available at: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-080-2016
Marianus Oki (forced confession and torture to death)
On 3 December 2015, Marianus Oki was arrested. Before he was taken away, his family tried to clarify the situation, but the police failed to give any explanation or show any arrest warrant. When Marninus’ elder brother came to the Banat Manas Police Post with food for his brother at 10 p.m., he was not allowed to give it to him. The following day, at 7 a.m., one of the police officers came to Marinus’ family home and tried to force the family to accept a peace proposal. At 4 p.m., when the family came to the Banat Manas Police Post, they were told that Marinus was dead. According to the police, Marinus had hung himself while in police custody. According to the latest information, police investigators are presently waiting the results of the forensic laboratory in Denpasar, Bali, and also from the Police Headquarters. The AHRC published an urgent appeal on this case, available at: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-076-2016 and urgent appeal update, available at: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAU-013-2016-1
Sudirman (Drug dealer burnt alive for failing to provide drugs and money to police)
Mr. Sudirman, from Pandrah Sub-district, Bireuen Regency, Nangroe Aceh Darussalam (NAD) Province, Indonesia, had been a source of money for Brigadier Sony and his friends. Despite being a police officer, Sony was party to the drug trade, taking a lot of money from Sudirman. On one occasion, Brigadier Sony requested Sudirman to provide shabu-shabu and marijuana to be sold in Karimun Regency, Riau Island Province. Sudirman failed to provide the drugs, which angered Sony. When Sudirman failed to do so a second time as well, Sony decided to kill Sudirman. On the night of 14 January 2015, accompanied by a fellow police officers and one civilian, Sony set out to find Sudirman and burnt him alive. The AHRC published an urgent appeal on this case, available at: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-095-2015
Suharli (Narcotics dealer tortured to death by Police Drug Force)
On 17 February 2016, the judges of the Sungailiat District Court sentenced four police officers of the Polres Sungailiat to three years imprisonment for torturing to death Mr. Suharli. The four police officers were Brigadier M. Juhdi, Brigadier Burhan Prasetyo, Brigadier Fatuh Aprian, and Brigadier Istari Shola. Despite the fact that they recognized in the judgment that the victim’s death was caused by torture, the judges were not brave enough to levy a heavier sentence to properly punish the four police officers. The AHRC published an urgent appeal on this case, available at: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-014-2016
Death penalty in Indonesia, 2013-2016
Between 2013-2016, the government of Indonesia executed 19 death row inmates, despite massive national and international pressure to abolish the death penalty. The government, however, has insisted that executions will reduce the circulation of drugs in the country. Most of the death row inmates are drug dealers or members of drug syndicates. The AHRC statement on the third execution of the death row inmates is available at http://www.humanrights.asia/news/ahrc-news/AHRC-OLT-001-2016 Another statement, “Death penalty and criminal defamation is not a solution, Mr. President”, is available at http://www.humanrights.asia/news/ahrc-news/AHRC-STM-117-2016 Besides statements, the AHRC also issued an open letter to the Indonesian government requesting it to stop the execution of the death row inmates, and change their sentence to life imprisonment. The open letter is available at http://www.humanrights.asia/news/ahrc-news/AHRC-OLT-004-2015
Mary Jane (death row inmate, victim of drug syndicate)
Her employer used the unwitting Filipina migrant worker as a drug mule, and she faced execution by Indonesian firing squad in April 2015. An international drug trafficking syndicate exploited Mary Jane Veloso, the 30-year-old mother of two. She was unable to afford a lawyer and was denied a Tagalog interpreter at the trial. As a result, she could not understand or properly participate in court proceedings, constituting a clear violation of her right to fair trial. The government finally stopped her execution, due to a lot of pressure from national and international human rights groups. A trial in the Philippines also proved that Mary Jane is a victim of a drug syndicate, and that she had no knowledge that the bags she brought to Indonesia contained drugs. The AHRC published an urgent appeal on this case, available at: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-051-2015 and also published a press release, available at: http://www.humanrights.asia/news/forwarded-news/AHRC-FPR-010-2015
Rodrigo Gularte (Mentally ill Brazilian executed by Indonesian firing squad)
Rodrigo was arrested in 2004, when 6 kg of cocaine was found in his surfboard at Jakarta Airport. Rodrigo immediately took full responsibility, admitting that his two travel companions had known nothing about the presence of the drugs. Rodrigo suffers from paranoid schizophrenia and bi-polar disorder (as per the report of Reni Kusumowardhani, dated 3 November 2014). Numerous doctors have assessed and treated Rodrigo during his lifetime. Rodrigo’s behaviour has deteriorated in recent years and his lawyers have been unable to engage with him in prison or take instructions. Despite Rodrigo being clearly unfit to be executed, the firing squad executed him. The AHRC published an urgent appeal on this case: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-053-2015
Salim Kancil (assault and murder of a farmer and land right activist)
Mr. Salim (alias Salim Kancil) is a farmer and land rights activist, who, along with his friend Mr. Tosan, organized a campaign against illegal sand mining in Selok Awar-Awar Village, Lumajang Regency, East Java Province, Indonesia. The illegal mining was supported by the head of Selok Awar-Awar Village, Mr. Hariyono, police officers, and allegedly some local government officials, as well as local parliament members of Lumajang Regency, East Java Province, who received benefit from the illegal mining. As a result of their protest, Mr. Salim Kancil and Mr. Tosan were kidnapped and brutally tortured on Saturday, 26 September 2015, by thugs. The thugs were controlled by the head of Selok Awar-Awar Village and the police officers of Pasiran Police Sector (Polsek Pasiran). Mr. Salim was tortured to death in the Village hall, whereas Mr. Tosan was tortured near his house and ended up hospitalized in the local hospital. The AHRC published an urgent appeal on this case: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-130-2015 and an update urgent appeal: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAU-002-2016 and the latest update: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAU-013-2016
Jopi Teguh Lasmana Peranginangin (assault and murder of an environmental activist)
Jopi Teguh Lasmana Peranginangin (39) is an environmental activist who used to work with the Indigenous People’s Alliance of the Archipelago (AMAN). Prior to his murder by Navy personnel, Jopi was actively involved in various campaigns for indigenous people’s rights and for a healthy environment. He was also very active in using social media, such as Twitter and Facebook, to spread information concerning environmental damage and land grabbing. On 23 May 2015, Jopi, along with his friends, visited Venue Bar and Lounge, Jalan Kemang Selatan No. 2, South Jakarta, Indonesia. In the bar they met plain-clothed persons who they later learnt were Navy personnel from the Venue Bar’s security team. When the live music subsided and all visitors left the bar, one of the plain-clothed navy personnel came to Jopi’s seat and started to intimidate Jopi and his friends. Jopi was surrounded, assaulted, and stabbed in the back, resulting in his death. The case was tried in the Military Court II 08, Jakarta, and the military judges only convicted Private-in-Charge (Praka) Joko Lestanto, a member of the Marine Corps’ Amphibious Reconnaissance Battalion (Yon Thaifib Marinir TNI AL), to two years in prison and dishonorable discharge from Navy service. However, the military prosecutor and military judges did not prosecute the other navy personnel who were involved in the attack, despite many witnesses having stated that more than four people attacked and stabbed Jopi. The AHRC published an urgent appeal on this case: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-080-2015 and an urgent appeal update: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-035-2016
Indra Pelani (torture and murder of a land rights activist)
On 27 February 2015, Mr. Indra Pelani along with Mr. Nick Karim, a human rights activist of the Indonesia Environmental Group, Walhi, were riding a motorcycle on the way to the harvest site, located 60 km from the Village. To reach this place, they had to pass by the Security Post of PT WKS. While they were passing this Security Post of District 803, at around 4:30 p.m., they were stopped by the security guards and questioned with regard to their purpose of passing this way. Suddenly the security guards attacked them. Mr. Nick was able to run away to seek help from the villagers, but when he came back to the security post along with some villagers, they could not find Indra. On 28 February 2015, the villagers found Indra’s dead body seven kilometers from the Security Post, where the security guards had allegedly thrown Indra’s body after killing him. The AHRC published an urgent appeal on this case: http://www.humanrights.asia/news/hunger-alerts/AHRC-HAC-004-2015 and an urgent appeal update: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAU-011-2016
Assault and fabricated cases against 23 labor activists, two public lawyers, and university student
On 30 October 2015, labor activists supported by public lawyers of Jakarta legal aid (LBH Jakarta) and student activists conducted a peaceful public protest in front of the Presidential Palace. They had submitted a written permit to the police as regulated by Law no. 9 of 1999 on freedom of expression in public. In general, the public protest was very peaceful. They demanded the government cancel the Government Regulation (PP) No. 78 of 2015 on Wages, because the Regulation does not take into consideration the basic cost of living (KHL). The government was reluctant to have a dialogue with the representative of the protestors; therefore the protestors gathered in front of the Presidential Palace until 6 p.m. When the protesters planned to leave the Presidential Palace, suddenly the police officers, wearing “Turn Back Crime T-shirts,” turned around to brutally attack the protesters. The police beat, kicked, and dragged the protesters, many of whom were injured and traumatized. They used sticks to destroy the protestors’ vehicles. Currently, the prosecution against 23 laborers, two public lawyers and one university student is still ongoing in the Central Jakarta district court. However, there is no investigation against the police officers that assaulted and forcibly dispersed the peaceful protest. The AHRC published an urgent appeal on this case: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-009-2016
Brutal attack of peaceful protest in Manado
On 1 June 2016, the Indonesian Student Christian Movement (GMKI) Manado branch office, North Sulawesi Province, conducted a peaceful public protest at the local parliament office building (DPRD). The protest was commemorating the birth of Pancasila, the five principles of Indonesia’s ideology. After delivering a speech in front of the Parliament building, they were invited to have a dialogue with the parliament members. After entering the building and talking with some parliament members, the students requested that the chairperson of the local parliament from the Democratic Party should also attend the dialogue. While protesters were waiting for the chairperson to arrive, sitting on the floor, eating bread and drinking mineral water, suddenly police officers came and demanded a letter permit for GMKI Manado and coordinator Bryan Wagey. As the protesters were in discussion with a representative of the police officers, other police officers with the logo Paniki entered the plenary room and attacked the protesters. The police officers kicked, beat with sticks, and dragged them outside the plenary room. Even when they were outside the room, the police fired tear gas at them while repeatedly beating and kicking them. The AHRC published an urgent appeal on this case: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-063-2016
Under President Widodo: Lack of genuine policy and rights in Papua
Since Joko Widodo’s Presidency was inaugurated on 20 October 2014, Papua has yet to show any changes and progress with regard to the protection of human rights. In the last two years, the AHRC documented and reported human rights violations occurring in Papua, for instance the Paniai case of 8 December 2014, where four indigenous Papuan children were shot to death, two adults seriously injured, and 17 others injured. Other cases that have also not been investigated and prosecuted under President Widodo’s administration include the case of a member of the Air Force severely maltreating 22-year-old Amsal Marandof. The AHRC has also observed the Indonesian government’s lack of willingness to deal with past human rights abuses in Papua and West Papua provinces. The AHRC published a statement on this: http://www.humanrights.asia/news/ahrc-news/AHRC-STM-096-2016
The right to freedom of opinion and peaceful assembly is particularly restricted in the Papua Province. On 2 May 2016, police officers assaulted and arrested 2,300 indigenous Papuan students, who took part in peaceful protests in Jayapura and other cities in Papua. The protesters came from various Papua districts and other cities in Indonesia, to support the United Liberation Movement for West Papua (ULMWP) becoming a full member of the Melanesian Spearhead Group (MSG), a regional forum in the Pacific. Moreover, the protesters also gathered to commemorate the integration of Papua into the Republic of Indonesia on 1 May 1963, though the integration remains a questioned one for many indigenous Papuans. Despite many students being released, the extreme restriction has caused trauma for Papuans to express their opinion in the public arena. The AHRC published a statement: http://www.humanrights.asia/news/ahrc-news/AHRC-STM-064-2016
Human rights violations in coal mining
Police and military security forces forcibly attacked and shot villagers protesting against the Cipta Buana Seraya Coal Mining Company (PT. CBS) in Central Bengkulu Regency, Bengkulu Province, Indonesia. The villagers petitioned the government to close down the mining company because it caused environmental damage. When villagers conducted a protest in front of the CBS Company, there were some 500 police officers, police mobile brigade (Brimob) and Military personnel guarding the company property. Brimob personnel stood at the front line with rubber bullets and tear gas; Military personnel stood in the second line. There were also police officers with live bullets. Suddenly, the protesters were attacked, with Marta Dinata being the first victim shot with a live bullet. The AHRC published an urgent appeal, available at: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-069-2016
Erwin Natosmal Oemar (fabricated case against human rights defender)
On 25 August 2015, Mr. Erwin Natosmal was invited to be one of the resource persons at an Indonesia Lawyer Club (ILC) program. Televised by TV One, a national private TV company, the theme of the dialogue was “Impact of Sarpin case: Supreme Court (MA) Vs Judicial Commission (KY).” At one point in the show, Mr. Erwin was asked by the host to comment. Mr. Erwin’s spoke regarding the criminalization of the police, referring to a number of cases against anti-corruption activists and KPK commissioners who previously named General Budi as a suspect of graft. On 30 December 2015, Mr. Erwin received the first police summons, sent by Bareksrim Mabes Polri, stating that Erwin had violated Article 207 of the Indonesian Penal Code (KUHP) on crimes against public authority. The AHRC published an urgent appeal on this case at: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-008-2016
The second case of Mr. Erwin Natosmal Oemar (criminally charged after he sued the police authority in the Constitutional Court)
On 1 July 2015, a coalition of civil society organizations filed a judicial review over Law no. 2 of 2002 on the Police of Republic of Indonesia, and Law no. 22 of 2009 on the Traffic and Public Transportation. In the middle of the review process at the Constitutional Court, Judge Maria Farida asked about the lawyers’ signatures on the revised review application, stating that one lawyer had signed all the signatures. After expert testimony on the police was heard, the leading judge Arief Hidayat asked the lawyers to respond to Judge Maria’s question. Suddenly, without enough evidence, Judge Arief concluded that the difference between the first signature on the first draft of the review application and the signature after revision is a criminal offense. Judge Arief then requested the defendant police to investigate the alleged falsifying of signatures by the lawyers. Subsequently, between October and December 2015, the police summoned all the lawyers for examination at the police headquarters. Currently, Mr. Erwin has been named as suspect charged with Article 263, Paragraph 2 of the Indonesian Penal Code, in particular, the Article regulating falsifying documents. The AHRC published an urgent appeal on this case available at: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-061-2016
Haris Azhar (Rights defender charged with criminal defamation for circulating drug dealer testimony)
On 29 July 2016, Haris Azhar, a coordinator of KontraS, the prominent national human rights NGO, circulated information through WhatsApp and other social media about his experience when he visited Nusakambangan Prison, Central Java Province, in 2014. Haris received and shared information from death row inmate Mr. Freddy Budiman regarding the alleged involvement of high-ranking police and military personnel in the illegal drug business. Consequently, the police, Military, and National Narcotic Board (BNN) requested Haris to prove this information. Haris was then charged with criminal defamation under the Indonesian Penal Code and the Law No. 11 of 2008 on Information and Electronic Transaction (ITE). The AHRC published an urgent appeal on this case: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-101-2016