Human rights in Indonesia
This article needs to be updated. The reason given is: needs information about new bans and restrictions passed on December 2022.(December 2022) |
Human rights in
In 2022, Freedom House rated Indonesia's human rights freedom as 59 out of 100 (partly free).[1]
Overview
Advocates for human rights have noted actions by the government of Indonesia as concerning. Although the country has had Komnas HAM, which enjoys a degree of independence from government and holds United Nations accreditation, the commission itself has little effect as it was not given any legal teeth against discriminatory practices committed by the government.
Reports by
Legislation
In the original text of the 1945 Constitution (before amendments) there are various basic rights and obligations for citizens, but the term "human rights" itself is not mentioned in the text.
Meanwhile, other legal experts like Kuntjoro Purbopranoto have observed that there are human rights guarantees in the 1945 Constitution but not included systematically. According to him, there are only four articles that contain human rights provisions, namely Articles 27, 28, 29 and 31.[10][11] Legal expert Solly Lubis also believes that the formulation of rights in the constitution is indeed very simple and brief,[12] but according to Majda El Muhtaj this is natural because the drafting of the 1945 Constitution was too short to catch up with the time so that the 1945 Constitution could become the foundation for the newly independent state of Indonesia. The constitution itself was originally in effect from 18 August 1945 to 27 December 1945, but its enactment was ineffective due to the national revolution and socio-political conditions that were not conducive at the time.[13]
After the
Human rights provisions then further stipulated in Act Number 39 of 1999 on Human Rights (Undang-Undang Nomor 39 Tahun 1999 tentang Hak Asasi Manusia).
Use of force and impunity
The Indonesian National Police (Polri) used unnecessary and excessive force against demonstrators and protesters, especially concerning land dispute cases. In the rare instances where investigations took place, little progress was made in bringing perpetrators to justice.
- In January,[when?] six palm oil farmers were seriously injured in Jambi Province after Police Mobile Brigade (Brimob) officers fired rubber bullets at them in an attempt to evict them from a plantation on which they were working. The plantation was the subject of an ongoing land dispute between the farmers and a palm oil company.
- In June,[when?] security forces used unnecessary and excessive force while attempting to evict forcibly a community in Langkat district, North Sumatra. The community had been involved in a land dispute with the local authorities. When the community protested against the eviction, police officers fired on the crowd without warning, injuring at least nine people. Six others were kicked and beaten.[17]
Amnesty International reports that over the last decade, significant steps have been taken to reform the Polri. The government has put in place legislative and structural reforms to strengthen their effectiveness in preventing and detecting crime, maintaining public order and promoting the rule of law. The police have also introduced internal regulations to ensure that international human rights standards are upheld during policing operations. Despite these positive moves, credible reports of human rights violations committed by the police continue to emerge, with the police routinely using unnecessary and excessive force and firearms to quell peaceful protests. Police have been implicated in beatings, shootings and killings of people during mass demonstrations, land disputes or even routine arrests.
Although the authorities have made some attempts to bring alleged perpetrators to justice using internal disciplinary mechanisms, criminal investigations into human rights violations by the police are all too rare, leaving many victims[
Repeated allegations of torture and otherwise ill-treating detainees by security forces, particularly peaceful political activists in areas with a history of independence movements such as Papua and Maluku region, has been reported. Independent investigations into such allegations were rare. There were no investigations into allegations of torture and other ill-treatment of 21 peaceful political activists by Special Detachment-88 (Densus-88), a police counter-terrorism unit. The 21 had been tortured during arrest, detention and interrogation in Maluku in August 2010. Caning was increasingly used as a form of judicial punishment in Aceh. At least 72 people were caned for various offences, including drinking alcohol, being alone with someone of the opposite sex who was not a marriage partner or relative (khalwat), and for gambling. The Acehnese authorities passed a series of by-laws governing the implementation of Sharia after the enactment of the province's Special Autonomy Law in 2001.[17]
On 29 August 2020, Indonesian police forcibly raided on a private gathering of 56 men in Jakarta, arresting nine men and charging them with the crime of "facilitating obscene acts", which discriminates against the LGBT community. The charges violated the right to privacy, association and equal protection of the law, and highlighted the threat to the rights of lesbian, gay, bisexual, and transgender (LGBT) people in the country.[19]
Discrimination
Religious
- In February, three Ahmadis were killed after a 1,500-person mob attacked them in Cikeusik, Banten Province. On 28 July 12, people were sentenced to between three and six months' imprisonment for their involvement in the incident. No one was charged with murder, and local human rights groups raised concerns about the weak prosecution.
- The Mayor of Bogor continued to defy a 2010 Supreme Court ruling ordering the authorities to reopen the Taman Yasmin Indonesian Christian Church. The congregation was forced to conduct its weekly services on the pavement outside the closed church, amid protests from radical groups.[17]
In November 2018, the Indonesian government released a smartphone app called "Smart Pakem" which allows its users to file a report to the Jakarta Prosecutor's Office anyone suspected of practising officially unrecognised faiths or of having unorthodox interpretations of Indonesia's six officially recognised religions.[23][24]
In 2022, Freedom House rated Indonesia's religious freedom as 1 out of 4,[1] noting that Indonesia officially recognizes Islam, Protestantism, Roman Catholicism, Hinduism, Buddhism, and Confucianism. Individuals may leave the "religion" section on their identity cards blank, but will often face discrimination. Atheism is not accepted, and the criminal code contains provisions against blasphemy, penalizing those who "distort" or "misrepresent" recognized faiths. In particular, it notes that the government tolerates persecution against Ahmadi and Shiite communities.
LGBT
LGBT people in the country regularly face challenges. Although LGBT issues have been relatively obscure, the 2010s (especially after 2016) has seen a rapid surge of anti-LGBT rhetoric, putting LGBT Indonesians into a frequent subject of intimidation, discrimination, and even violence.[25][26]
In January 2018, the Aceh police ransacked a parlour with support from the Aceh autonomous government. The police tortured all LGBT citizens within the premises of the parlour, shaved the heads of transgender women, stripped their shirts and bras, and paraded them in the street while forcing to shout 'to become men'. This event caused massive outrage from human rights organisation throughout the world, including liberal parts of Asia.
In February 2018, the government announced plans to pass legislation that would criminalise gay sex. The legislation is supported by eight of the ten political parties of the country and is expected to pass before Valentine's Day, though it was suspended after President Jokowi calls for the bill to be canceled after massive amounts of protests.
Capital punishment
Indonesia's continuation of capital punishment, and the often corrupt judiciary and military has also led to political altercations with several human rights groups.[34]
Labor rights
In October 2020, the Indonesian
Domestic workers
In June 2012 the president expressed support for the new ILO No. 189
Sexual and reproductive rights
From the Amnesty International's 2012 Annual Report:[17]
Women and girls, especially those from impoverished and marginalised communities, were prevented from fully exercising their sexual and reproductive rights. Many [vague] continue to be denied the reproductive health services provided for in the 2009 Health Law, as the
early marriages. In June, the Minister of Health defended a November 2010 regulation permitting specifically defined forms of "female circumcision" when performed by doctors, nurses and midwives. The regulation legitimised the widespread practice of female genital mutilation. It also violated several Indonesian laws and contradicted government pledges to enhance gender equality and combat discrimination against women.
In 2018, the
Abortion
Abortion is illegal according to Article 75, Section 1 of Undang-Undang Nomor 39 Tahun 2009 Tentang Kesehatan (Law No. 39 of 2009 on Health). Article 75, Section 2 of the Law on Health provides exception for medical emergencies during early pregnancy, a threat to the life of the mother and fetus, a
West Papua issues
This section needs to be updated.(December 2020) |
International human rights organisations have criticised the Indonesian government's handling of protesters from the Free Papua Movement (OPM) in the Papua conflict, in which the OPM seeks the secession of Papua and West Papua.[38][39] High-profile prisoners from this movement include Filep Karma[38] and Buchtar Tabuni,[40] both of whom are considered to be prisoners of conscience by Amnesty International. A report to the Indonesian Human Rights Network by the Allard K Lowenstein International Human Rights Clinic, Yale Law School alleges human rights violations in the region.[41] The Indonesian National Military (TNI) denies allegations of human rights abuses in Papua.[42] Between 1969 and 2016, Indonesia had killed approximately 500,000 Papuans, with human rights abuses continuing into the subsequent decade.[43]
In 2005, President Susilo Bambang Yudhoyono (SBY) carried out a policy change away from "law and order" and towards economic development to arrest separatism in Papua.[44] In May 2010, the release of Papuan political prisoners who had demonstrated for independence was announced.[45] In October, a video emerged apparently showing soldiers kicking and abusing alleged separatists in Papua. The government confirmed that the men were members of the TNI. The minister for security said their actions were excessive and unprofessional, and that they would be punished.[42][44] 100,000 Papuans are estimated to have been killed by the Indonesian government since 1963.[46]
On 30 November 2020, a spokesperson for the Office of the High Commissioner for Human Rights (OHCHR) stated that a meaningful and inclusive dialogue is required to address longstanding economic, social and political grievances in the provinces of Papua and West Papua.[47]
Other atrocities include the following:
- In January, three soldiers who had been filmed kicking and verbally abusing Papuans were sentenced by a military court to between eight and ten months' imprisonment for disobeying orders. A senior Indonesian government official described the abuse as a "minor violation".
- In April, police in Papua shot Dominokus Auwe in the chest and head, killing him, and wounded two others in front of the Moanemani sub-district police station. The three men had approached the station peacefully to inquire about money the police had seized from Auwe earlier that day.
The government continued to criminalise peaceful political expression in Maluku and Papua. At least 90 political activists were imprisoned for their peaceful political activities.
- In August, two Papuan political activists, Melkianus Bleskadit and Daniel Yenu, were imprisoned for up to two years for their involvement in a peaceful political protest in Manokwari town in December 2010.
- In October, over 300 people were arbitrarily arrested after participating in the Third Papuan People's Congress, a peaceful gathering held in Abepura town, Papua Province. Although most were held overnight and released the next day, five were charged with "rebellion" under Article 106 of the Criminal Code. The charge could carry a maximum life sentence. A preliminary investigation by the National Human Rights Commission (Komnas HAM) found that the security forces had committed a range of human rights violations, including opening fire on participants at the gathering, and beating and kicking them.
Some
- In March 2011, journalist Banjir Ambarita was stabbed by unidentified persons in the province of Papua shortly after he had written about two cases of women who were reportedly raped by police officers in Papua. He survived the attack.[48]
- In June 2011, military officers beat Yones Douw, a human rights defender in Papua, after he tried to monitor a protest calling for accountability for the possible unlawful killing of Papuan Derek Adii in May[17]
2005 United States Congress bill
In 2005, the
Although not mentioned in the U.S. media, Section 1115 had become a leading Indonesian news story through August and September 2005. In the United States, the U.S. Senate had since early 2001 been rejecting repeated efforts by the Bush administration to have U.S. funding of the Indonesian military resumed, a ban which had been reluctantly imposed by the Clinton administration after TNI officers were filmed co-ordinating the Dili Scorched Earth campaign. By writing and passing Section 1115, the U.S. Congress joins the Senate's earlier efforts to reduce, if not disengage, from the U.S. fiscal and political support of the Indonesian military, a change of policy which brings both houses into conflict with the Bush administration and the executives of companies such as Bechtel.
Though Section 1115 states humanitarian and legal reasons for its existence, an additional factor would be security concerns due to ongoing employment of Al-Qaeda related terrorist militia by the Indonesian military and their continued funding programs for the Al Qaeda network. Given that the Senate opposition since 2003 has been strengthening on account of the TNI involvement in the death of Americans at the Timika mining site in 2002, the 2005 decision by Congress may reflect a desire to find more economical methods of crippling the Al Qaeda network.
Following President SBY's denouncement of Section 1115, Indonesian lobby groups such as The U.S. Indonesia Society began renewed efforts to promote an Indonesian image of proper management and renewed non-militant behaviour under the SBY administration. SBY follows the administration of Megawati, who in 2001 gave a public speech to the TNI instructing all members that they should disregard the issues of human rights in enforcing Indonesian unity and repressing any independence movements.
Anti-Chinese legislation
During the early years of Indonesian independence, Indonesia enacted a series of laws and directives that affected Chinese Indonesians. Foreigners, including the Chinese, were forbidden to conduct retail business in rural areas, were required to hand over their businesses to the locals, and were required to move to urban areas. The policy of discrimination was continued by President Suharto.
Most, if not all, of the discriminatory laws were revoked during the Reformation Era under President Abdurrahman Wahid. After the era, Chinese-Indonesian politicians have emerged, such as Basuki Tjahaja Purnama (former Governor of Jakarta) and Hary Tanoesoedibjo (businessman and leader of Perindo Party).
Freedom of expression
There have been concerns of declining
On 10 June 2020, Human Rights Watch urged the Indonesian authorities to drop all charges against seven Papuan activists and students, who are on trial for their involvement in anti-racism protests last year in August.[49] On 2 December 2019, four students along with the other 50 students, peacefully protested against the human rights abuses in Papua and West Papua, asking the Indonesian government to release the Papuan political prisoners. A civil lawsuit was filed against 4 student activists following their expulsion from their university. On 13 July 2020, the police charged one of the four students with "treason" and "public provocation." Human Rights Watch urged the Indonesia's Khairun University to reinstate the four students who were expelled and support academic freedom and free expression.[50]
The ministry is often criticized for
See also
- Censorship in Indonesia
- Accusations of ExxonMobil human rights violations in Indonesia
- Freedom of religion in Indonesia
- Human trafficking in Indonesia
- Indonesian mass killings of 1965–66
- East Timor genocide
- LGBT rights in Indonesia
- May 1998 riots of Indonesia
References
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- ^ Purbopranoto 1975, p. 26.
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- ^ El Muhtaj 2017, p. 94.
- ^ El Muhtaj 2017, p. 57.
- ^ El Muhtaj 2017, p. 93.
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Sources
- ^ - Essential Background: Overview of Human Rights Issues in Indonesia Human Rights Watch, 2007
- ^ - Amnesty International Report 2007: Indonesia Amnesty International, 2007
- ^ - Indonesia - Country Reports on Human Rights Practices US State Department, 2007
Further reading
- El Muhtaj, Majda (2017) [2005]. Hak Asasi Manusia dalam Konstitusi Indonesia: Dari UUD 1945 sampai dengan Perubahan UUD 1945 Tahun 2002 (2nd ed.). Jakarta: Kencana. ISBN 9786021186657.
- ISBN 9794991562.
- Purbopranoto, Kuntjoro (1975). Hak-hak Azasi Manusia dan Pancasila. Jakarta: PT Pradnya Paramita.
External links
- Indonesian Ministry of Law and Human Rights website
- National Commission on Human Rights (Komnas HAM) website
- Freedom of expression in Indonesia - IFEX
- The US Indonesia Society
- AHRC Urgent Appeals translated into Indonesian as well as legislations regarding human right issues in Indonesia
- Tapol - a UK based NGO focusing on human rights issues in Indonesia