The process of law enforcement in Indonesia has had a bad record such as in the case of Sengkon and Karta. The two were accused of committing theft and murder of husbandandwife Sulaimans that took place in Bekasi in 1974. Bekasi District Court then sentenced Sengkon to 12 years of prison and Karta to 7 years.
Asia Catalyst – an NGO based in New York – held the 2013 Right to Health Advocacy Training in Bangkok. Asia Catalyst provides management and advocacy training to grassroots groups in Asia which are working to promote the right to health.
Once again, a child from a poor socioeconomic background has become trapped in illicit narcotic trafficking in Jakarta. In May 2013, a sixteen year old boy named Aldo (not his real name) appeared before the Central Jakarta District Court. Aldo was a student in Taman Siswa Senior High School when he was arrested by the police for his alleged involvement in drug trafficking.
Judicial corruption does not seem to pick and choose where it will occur. It can happen in big cities like Jakarta or a small city like Jember in the province of East Java. People may find it difficult to prove that judicial corruption exists, but one can feel that it is there.
Caveat - Volume September-October 2012 - LBH MasyarakatLBH Masyarakat
The idea of reforming Indonesian criminal justice system by amending the current Criminal Procedure Code (KUHAP) has been in suspended animation for much of the last decade. The draft revision has not been enacted and the progress to pass the draft revision practically halted. At
this pace it may take another decade for the draft to be passed and one may even conclude that the government and the parliament seem to not want to pass it at all. This is at odds with their enthusiasm to hastily pass legislation of lesser importance as of late.
On 17 November 2011, the Indonesian government, together with the other nine governments of South East Asian countries, declared political commitments to achieve zero new HIV infection, zero discrimination, and zero AIDS-related deaths. The fact that HIV epidemic in this region
has affected more than 1.5 million people, and the concern that such epidemic may have negative consequences on the realization of an ASEAN Community, has led these ten countries to declare and renew their political commitment in achieving the ‘Getting to Zero’ goals.
In February 2012, the Community Legal Aid Institute (LBH Masyarakat) filed a right-to-information request to the National Narcotic Board (BNN) asking for copies of three of their regulations related with the investigation of drug offences. Those regulations are, Regulation of the Head of BNN number 3 of 2011 regarding the Technique of Controlled Delivery, Regulation of the Head of BNN number 4 of 2011 regarding the Technique of Undercover Purchase, and Regulation of the Head of BNN number 5 of 2011 regarding the Technique of Inquiry and Investigation of Drug Offences. However, in March 2012, BNN declined the request arguing that the regulations in question were exempted from the public information category. In April 2012, LBH Masyarakat filed an objection with regard to that decision.
In this letter petition, a very serious issue touching upon he rights of juvenile delinquent is raised. It is pointed out that many times when the accused persons are arrested by the Police and even when they happen to be children, they are lodged in Tihar Jail and subjected to the hardship of Adult Criminal Justice System. This may happen due to sheer negligence, omission or even deliberately.
HAQ: Center for Child Rights
B1/2, Ground Floor,
Malviya Nagar
New Delhi - 110017
Tel: +91-26677412,26673599
Fax: +91-26674688
Website: www.haqcrc.org
FaceBook Page: https://www.facebook.com/HaqCentreForChildRights
Democracy’s Dark Hour
Why did the resignation of Congress legislators in Karnataka require the intervention of the Supreme Court? The apex court’s judgment favours the rebels and, with the governor stepping in, questions are raised about separation of powers among the Legislature, the Judiciary and the Executive
Caveat - VOLUME 10/II, MARCH 2010 - LBH MasyarakatLBH Masyarakat
The practice of framing not only violates a persons right to liberty and security because the victims are arrested, detained, and sentenced on unreasonable grounds,
but framing also violates a persons right not to be tortured. Framing victims have stated they had no choice but to admit to crimes that they did not commit after being
tortured. Despite the clear severity of framing crimes, framing unfortunately is not categorized as a human rights violation or even a crime in Indonesia. It’s seen as
merely a violation of the police code of conduct and thus perpetrators are not punished properly. The absence of proper punishment for framing is aggravated by the
fact that both internal and external monitoring mechanisms of the police institution are very weak. The phenomenon
of framing has stressed the need for reformation in the police institution.
Similarly our additional feature in this CAVEAT also calls for police reform. The article tells of the confession of Susno
Duadji -former National Police Head of Criminal Investigators- stating that a number of high ranking officers were involved corrupt activities during the investigation of an IDR 25 billion (US$ 2,75 millions) tax case. Susno’s confession has polarized public opinion. His supporters see
Susno’s comments as a strong sign for reformation within police institution whereas detractors claim him to be
unethical and manipulative. Either way it is clear that reform is needed to halt the rampant corruption from within the Polri.
We’re happy to inform you that we have started our new programme in conducting law and human rights education for people living with HIV/AIDS (PLHAs). Supported by the International Development Law Organization (IDLO), we have initiated our programme to empower more communities including Injection Drug Users (IDU), sex
workers, and lesbian, gay, bisexual, transgender (LGBT) communities. Besides starting our new programme, we are
continuing our current activities including our cooperation with the Voice of Human Rights (VHR) in broadcasting a law and human rights consultation radio show regularly. You can find more details about our activities in Reportage.
This month’s Rights in Asia report brings you human rights issues from three Asian countries: India, Sri Lanka, and Pakistan.
Last but not least, the opinion piece ‘Protecting Foreigners’ Rights in Indonesia’ written by Answer C. Styannes explores the provision in Constitutional Court Law which
enables foreigners to lodge a constitutional review to Constitutional Court. Styannes argues that the fact that the constitution is a social contract between the state and its
citizens does not mean that it is not allowed to provide human rights protections to foreigners.
Caveat - Volume September-October 2012 - LBH MasyarakatLBH Masyarakat
The idea of reforming Indonesian criminal justice system by amending the current Criminal Procedure Code (KUHAP) has been in suspended animation for much of the last decade. The draft revision has not been enacted and the progress to pass the draft revision practically halted. At
this pace it may take another decade for the draft to be passed and one may even conclude that the government and the parliament seem to not want to pass it at all. This is at odds with their enthusiasm to hastily pass legislation of lesser importance as of late.
On 17 November 2011, the Indonesian government, together with the other nine governments of South East Asian countries, declared political commitments to achieve zero new HIV infection, zero discrimination, and zero AIDS-related deaths. The fact that HIV epidemic in this region
has affected more than 1.5 million people, and the concern that such epidemic may have negative consequences on the realization of an ASEAN Community, has led these ten countries to declare and renew their political commitment in achieving the ‘Getting to Zero’ goals.
In February 2012, the Community Legal Aid Institute (LBH Masyarakat) filed a right-to-information request to the National Narcotic Board (BNN) asking for copies of three of their regulations related with the investigation of drug offences. Those regulations are, Regulation of the Head of BNN number 3 of 2011 regarding the Technique of Controlled Delivery, Regulation of the Head of BNN number 4 of 2011 regarding the Technique of Undercover Purchase, and Regulation of the Head of BNN number 5 of 2011 regarding the Technique of Inquiry and Investigation of Drug Offences. However, in March 2012, BNN declined the request arguing that the regulations in question were exempted from the public information category. In April 2012, LBH Masyarakat filed an objection with regard to that decision.
In this letter petition, a very serious issue touching upon he rights of juvenile delinquent is raised. It is pointed out that many times when the accused persons are arrested by the Police and even when they happen to be children, they are lodged in Tihar Jail and subjected to the hardship of Adult Criminal Justice System. This may happen due to sheer negligence, omission or even deliberately.
HAQ: Center for Child Rights
B1/2, Ground Floor,
Malviya Nagar
New Delhi - 110017
Tel: +91-26677412,26673599
Fax: +91-26674688
Website: www.haqcrc.org
FaceBook Page: https://www.facebook.com/HaqCentreForChildRights
Democracy’s Dark Hour
Why did the resignation of Congress legislators in Karnataka require the intervention of the Supreme Court? The apex court’s judgment favours the rebels and, with the governor stepping in, questions are raised about separation of powers among the Legislature, the Judiciary and the Executive
Caveat - VOLUME 10/II, MARCH 2010 - LBH MasyarakatLBH Masyarakat
The practice of framing not only violates a persons right to liberty and security because the victims are arrested, detained, and sentenced on unreasonable grounds,
but framing also violates a persons right not to be tortured. Framing victims have stated they had no choice but to admit to crimes that they did not commit after being
tortured. Despite the clear severity of framing crimes, framing unfortunately is not categorized as a human rights violation or even a crime in Indonesia. It’s seen as
merely a violation of the police code of conduct and thus perpetrators are not punished properly. The absence of proper punishment for framing is aggravated by the
fact that both internal and external monitoring mechanisms of the police institution are very weak. The phenomenon
of framing has stressed the need for reformation in the police institution.
Similarly our additional feature in this CAVEAT also calls for police reform. The article tells of the confession of Susno
Duadji -former National Police Head of Criminal Investigators- stating that a number of high ranking officers were involved corrupt activities during the investigation of an IDR 25 billion (US$ 2,75 millions) tax case. Susno’s confession has polarized public opinion. His supporters see
Susno’s comments as a strong sign for reformation within police institution whereas detractors claim him to be
unethical and manipulative. Either way it is clear that reform is needed to halt the rampant corruption from within the Polri.
We’re happy to inform you that we have started our new programme in conducting law and human rights education for people living with HIV/AIDS (PLHAs). Supported by the International Development Law Organization (IDLO), we have initiated our programme to empower more communities including Injection Drug Users (IDU), sex
workers, and lesbian, gay, bisexual, transgender (LGBT) communities. Besides starting our new programme, we are
continuing our current activities including our cooperation with the Voice of Human Rights (VHR) in broadcasting a law and human rights consultation radio show regularly. You can find more details about our activities in Reportage.
This month’s Rights in Asia report brings you human rights issues from three Asian countries: India, Sri Lanka, and Pakistan.
Last but not least, the opinion piece ‘Protecting Foreigners’ Rights in Indonesia’ written by Answer C. Styannes explores the provision in Constitutional Court Law which
enables foreigners to lodge a constitutional review to Constitutional Court. Styannes argues that the fact that the constitution is a social contract between the state and its
citizens does not mean that it is not allowed to provide human rights protections to foreigners.
Caveat - Volume November 2012-January 2013 - LBH MasyarakatLBH Masyarakat
The Indonesian House of Representatives (DPR) has agreed to discuss the Draft of the Indonesian Criminal Code in its 2013 National Legislation Program (Prolegnas), together with other 69 Draft Laws. This, of course, is an encouraging development given that Indonesia has been trying for the longest time to enact its new Criminal Code. The current Indonesian Criminal Code is a legacy of the Dutch colonial
era. It is, therefore, essential to have an updated version of the Criminal Code to reflect modern development of criminal law as well as international human rights standards.
In 2006, it is estimated that 5,129 inmates in Indonesia are affected by HIV and AIDS, accounting for as much as 3% of the estimated total of people living with HIV and AIDS in the country. There is a growing concern of HIV transmission in prisons stemming from the relatively high percentage of AIDS-related deaths in prison. Although the overall mortality in prisons has decreased from 2007 to 2009, AIDS-related deaths have actually increased.
In its 2012 year end press release, the Indonesian National
Narcotic Board (BNN) stated that 71 drug offenders have
been sentenced to death in Indonesia. Twenty of them are
Indonesian nationals while the remaining 51 are foreigners.
One Indonesian national who was on death row for drug
offense is Meirika Franola or also known as Ola. President
Susilo Bambang Yudhoyono gave clemency to Ola in 2011 and commuted his sentence from death penalty to life sentence. The clemency given to Ola appears to be no longer valued when BNN exposed drug trafficking that dragged Ola again.
Somewhere amidst the unending human rights violations, prolonged court proceedings and bleak hopes, the word ‘justice’ has lost its meaning. In Hans Kelsen’s words, longing for justice is a man’s eternal longing for happiness.
Vajiram and Ravi - Current-affair- Magazine November 2021Vajiram Ravi
Vajiram & Ravi has introduced a new monthly current affairs magazine of November 2021 called ‘The Recitals’, which approaches current affairs through question and answers. ‘The Recitals’ deciphers current affairs in different section necessary for Prelims Current Affairs through Multiple Choice Questions (MCQs), Mains Current Affairs Question & Answers and Interview Current Affairs. The current affairs magazine does not merely provide information, but focuses on the analysis on current issues necessary for the exam.
Long outstanding Police reform has not yet been made inspite of clear Supreme Court's direction and we still get along with colonial Police Act of 1861primarily because Politician do not want to lose control over Police for obvious reasons,
Law is defined as Rules of Human action. Blackstone defines law as “ It is a rule of action whether it be animate or inanimate or of nations. Thus law of motion are as much law of nature or of nations. Other jurists however restrict the meaning and scope of law only to norms necessary for regulation of human conduct. Salmond defines law as the “body of principles recognized and applied by the state in the administration of justice. Austin defines Law is the aggregate of rules set men as politically superior or sovereign to men as politically subject. Duguit defines Law as essentially and exclusively as social fact. Roscoe Pound defines law as a social institution to satisfy social wants. Another great sociological jurist is Ehrlich. He includes in his definition all the norms which govern social life within a given society.
The Implementation of the General Principles of Good Governance on Public Service Investment Licensing Policy in Regencies / Municipalities of Yogyakarta Special Province (DIY), Indonesia
Caveat - VOLUME 02/I, JULY 2009 - LBH MasyarakatLBH Masyarakat
With Indonesia holding its second-ever direct presidential election on July 8, the main report will look at what human right issues need to be addressed by the incumbent President Susilo Bambang Yudhoyono in his second-five tenure. We will outline which issues were not resolved
in the last 5 years and address forthcoming challenges for the future government. The key hurdles facing the government in terms of human rights legislation is also examined in this part. Whether or not the government
can offer a more practical solution to human rights issues, rather than simply rhetoric, is a key underlying message in this report.
We are also aware that Indonesia is facing many pressing human rights challenges in the next five years, and recognize that they will not all be solved tomorrow. These
range from civil and political rights to economic, social and cultural rights. Issues of poverty and HIV/AIDS are of particular concern in Indonesia, and will probably take
several years to address effectively.
We did not attempt to overview all issues afflicting Indonesia in just this one edition, as we are aware that we are not experts in all fields. Instead, we focused on some key topics through which we evaluate the broader human rights perspective for Indonesia.
With National Children’s Day being celebrated across the archipelago on July 23 in schools and community groups, we thought it pertinent to take a closer look at children’s rights in Indonesia. Through an examination of four cases currently being advocated by LBH Masyarakat, this report
explores the weaknesses of the juvenile law and the failures of child protection in Indonesia. It also recommends necessary steps needed to be taken by law enforcement, the government and other key groups to ensure these laws are strengthened and adhered to.
Ultimately, looking at the bigger picture, Indonesia needs to reform its juvenile law and base any new legislation on the
quintessential elements of children’s rights. The best interest of the child should be placed at the very heart of this consideration.
An opinion piece titled Indonesia’s Outdated Laws Need Revision by Answer C. Styannes will round out this month’s CAVEAT. She argues that there are several elements
missing, or just being ignored, in the endless debate surrounding Article 160 of the Indonesian Penal Code versus freedom of opinion.
Caveat - Volume November 2012-January 2013 - LBH MasyarakatLBH Masyarakat
The Indonesian House of Representatives (DPR) has agreed to discuss the Draft of the Indonesian Criminal Code in its 2013 National Legislation Program (Prolegnas), together with other 69 Draft Laws. This, of course, is an encouraging development given that Indonesia has been trying for the longest time to enact its new Criminal Code. The current Indonesian Criminal Code is a legacy of the Dutch colonial
era. It is, therefore, essential to have an updated version of the Criminal Code to reflect modern development of criminal law as well as international human rights standards.
In 2006, it is estimated that 5,129 inmates in Indonesia are affected by HIV and AIDS, accounting for as much as 3% of the estimated total of people living with HIV and AIDS in the country. There is a growing concern of HIV transmission in prisons stemming from the relatively high percentage of AIDS-related deaths in prison. Although the overall mortality in prisons has decreased from 2007 to 2009, AIDS-related deaths have actually increased.
In its 2012 year end press release, the Indonesian National
Narcotic Board (BNN) stated that 71 drug offenders have
been sentenced to death in Indonesia. Twenty of them are
Indonesian nationals while the remaining 51 are foreigners.
One Indonesian national who was on death row for drug
offense is Meirika Franola or also known as Ola. President
Susilo Bambang Yudhoyono gave clemency to Ola in 2011 and commuted his sentence from death penalty to life sentence. The clemency given to Ola appears to be no longer valued when BNN exposed drug trafficking that dragged Ola again.
Somewhere amidst the unending human rights violations, prolonged court proceedings and bleak hopes, the word ‘justice’ has lost its meaning. In Hans Kelsen’s words, longing for justice is a man’s eternal longing for happiness.
Vajiram and Ravi - Current-affair- Magazine November 2021Vajiram Ravi
Vajiram & Ravi has introduced a new monthly current affairs magazine of November 2021 called ‘The Recitals’, which approaches current affairs through question and answers. ‘The Recitals’ deciphers current affairs in different section necessary for Prelims Current Affairs through Multiple Choice Questions (MCQs), Mains Current Affairs Question & Answers and Interview Current Affairs. The current affairs magazine does not merely provide information, but focuses on the analysis on current issues necessary for the exam.
Long outstanding Police reform has not yet been made inspite of clear Supreme Court's direction and we still get along with colonial Police Act of 1861primarily because Politician do not want to lose control over Police for obvious reasons,
Law is defined as Rules of Human action. Blackstone defines law as “ It is a rule of action whether it be animate or inanimate or of nations. Thus law of motion are as much law of nature or of nations. Other jurists however restrict the meaning and scope of law only to norms necessary for regulation of human conduct. Salmond defines law as the “body of principles recognized and applied by the state in the administration of justice. Austin defines Law is the aggregate of rules set men as politically superior or sovereign to men as politically subject. Duguit defines Law as essentially and exclusively as social fact. Roscoe Pound defines law as a social institution to satisfy social wants. Another great sociological jurist is Ehrlich. He includes in his definition all the norms which govern social life within a given society.
The Implementation of the General Principles of Good Governance on Public Service Investment Licensing Policy in Regencies / Municipalities of Yogyakarta Special Province (DIY), Indonesia
Caveat - VOLUME 02/I, JULY 2009 - LBH MasyarakatLBH Masyarakat
With Indonesia holding its second-ever direct presidential election on July 8, the main report will look at what human right issues need to be addressed by the incumbent President Susilo Bambang Yudhoyono in his second-five tenure. We will outline which issues were not resolved
in the last 5 years and address forthcoming challenges for the future government. The key hurdles facing the government in terms of human rights legislation is also examined in this part. Whether or not the government
can offer a more practical solution to human rights issues, rather than simply rhetoric, is a key underlying message in this report.
We are also aware that Indonesia is facing many pressing human rights challenges in the next five years, and recognize that they will not all be solved tomorrow. These
range from civil and political rights to economic, social and cultural rights. Issues of poverty and HIV/AIDS are of particular concern in Indonesia, and will probably take
several years to address effectively.
We did not attempt to overview all issues afflicting Indonesia in just this one edition, as we are aware that we are not experts in all fields. Instead, we focused on some key topics through which we evaluate the broader human rights perspective for Indonesia.
With National Children’s Day being celebrated across the archipelago on July 23 in schools and community groups, we thought it pertinent to take a closer look at children’s rights in Indonesia. Through an examination of four cases currently being advocated by LBH Masyarakat, this report
explores the weaknesses of the juvenile law and the failures of child protection in Indonesia. It also recommends necessary steps needed to be taken by law enforcement, the government and other key groups to ensure these laws are strengthened and adhered to.
Ultimately, looking at the bigger picture, Indonesia needs to reform its juvenile law and base any new legislation on the
quintessential elements of children’s rights. The best interest of the child should be placed at the very heart of this consideration.
An opinion piece titled Indonesia’s Outdated Laws Need Revision by Answer C. Styannes will round out this month’s CAVEAT. She argues that there are several elements
missing, or just being ignored, in the endless debate surrounding Article 160 of the Indonesian Penal Code versus freedom of opinion.
Caveat - VOLUME 15/II, AUGUST 2010 - LBH MasyarakatLBH Masyarakat
Ramadhan is supposed to be a holy month for Moslem to fast. Fasting is not just refraining from food, drinks, and also sex during the day – between dawn and dusk, but beyond, is a moment of refraining from negative emotions and further, violent act. As it was happened in previous years, Ramadhan was often filled with violence committed by Moslem hardliners. Last year, FPI staged attacks on night clubs and bars that remained open during the holy month. They attacked food carts catering to those choosing to not fast during the day. This year, they have pledged 5,000 members, and promise more raids than ever before. This escalating situation leaded us to write a Main Report for this edition, titled, Religious Law and Pluralism: The Fight for the Soul of Indonesia's Courts. In this article, we tried to look into the philosophical basis of Sharia Law and come into conclusion that it is compatible with human rights and we don’t need to conflict it one to another. It also respects pluralism in which Indonesia is founded upon.
Ministry of Communications and Information Technology, led by the religiously strict Prosperous Justice Party (PKS), has vowed to block all internet ornography for the month of Ramadan. Though this decision has roundly been criticized as completely impossible, few have criticized the decision as an infringement on the rights to privacy.
In Reportage you may find our latest activities in which we held movie screening entitled Defiance Cry, which was produced by ten ordinary women who come from various backgrounds of former drug users, sex workers, transgenders, and women with HIV. This activity was conducted in cooperation with the Asian Human Rights Commission (AHRC)/Asian Legal Resource Centre (ALRC) and the Women’s International Shared Experience Project (WISE). You may also find update on program management training in Singapore which was attended by one of our staffs, Ajeng Larasati. This training was part of her JusticeMakers 2010 Fellowship, awarded by the International Bridges to Justice (IBJ).
Last but not least, Opinion piece presents you an article written by Zack Wundke, about Will the Real National Police Please Stand Up.
Caveat - VOLUME 01/I, JUNE 2009 - LBH MasyarakatLBH Masyarakat
In Latin, caveat literally means let her or
him be aware. Legally, it refers to a notice
directed at a court or public officer to
suspend a proceeding until the notifier is
awarded a hearing. It was the poignant
literal meaning of the word that led us to
the name for our first English report. Caveat
aims to present monthly analysis of the
human rights situation in Indonesia. We
chose to publish CAVEAT in English to cater
to our non-Indonesian audience who are
particularly interested in the development
of human rights, legal reform and
democracy in Indonesia. We are aware that
other Indonesian NGOs have been largely
contributing to the human rights discourse
in Indonesia by publishing their regular
publications in Bahasa, so we decided to go
down a different path and diversify in the
hope of encouraging dialogue.
We sincerely hope these three articles in the
first edition of CAVEAT will promote a
better understanding and awareness among
readers of the latest human rights situation
in Indonesia. We also acknowledge that our
publication will not be one hundred percent
perfect the first time around, and welcome
and appreciate any constructive criticism.
Caveat - VOLUME 07/I, DECEMBER 2009 - LBH MasyarakatLBH Masyarakat
This year, Indonesia experienced an uncompromising state of affairs on human rights and bore witness to its own failing
rule of law. If these conditions further deteriorate, and the government fails to prevent such incidents, Indonesia risks
creating a state of anarchy, where the rule of law has collapsed and the enforcement of human rights is absent.
The country's failed legal reform has now been an issue for more than 10 years. Indonesia’s law apparatus, from the
National Police to the Attorney General's Office and the Supreme Court, have escaped the work of strategic and effective reforms.
In 2009, the National Police passed a decree regarding the implementation of human rights; yet torture and other violence continues. The reputation of the Attorney
General Office’s has failed to fully recover from its downfall in 2008 in which one of its high-ranking officials was imprisoned for corruption. Other senior AGO officials are
now accused of attempting to destroy the Corruption Eradication Commission (KPK). Meanwhile, the Supreme Court has not shown transparency in serving justice.
Ultimately, all three institutions have failed to exhibit integrity and transparency.
Ricky Gunawan’s opinion piece, "Indonesia’s Legal
System Biased and Unfair," corroborates this proposition.
Gunawan's opinion piece provides striking cases of a failed rule of law. He compares three cases in which ordinary people face legal procedures and one case in which a
powerful man is allegedly deceiving the law. He argues that, “Indonesia needs to reform and strengthen its legal system. Otherwise, the country will end up in pandemonium
where laws are only paper and human rights turn into human wrongs.”
Caveat - VOLUME 14/II, JULY 2010 - LBH MasyarakatLBH Masyarakat
The attacks against the offices of Tempo magazine and anti-corruption activist Tama Satrya Langkun early this month dominates the coverage in this month’s CAVEAT.
The Main Report investigates the incidents and explores need for the Indonesian National Police Force to conduct institutional reform.
This month our Additional Feature examines the urgency to develop and pass specific laws for protection of human rights activists. The safety of human rights activists is not a problem faced only in Indonesia. In this edition’s Rights in Asia, our partner the Asian Human Rights Commission has brought to light the plight of human rights activists in the Philippines, Nepal and Pakistan.
In the Opinion column, Maeve Showell highlights the urgency for Indonesia to ratify the UN Refugee Convention as regional debate heats up in the lead up to the Australian election. As always, CAVEAT also updates you on the latest activities of LBH Masyarakat.
This month LBH Masyarakat participated in the XVIII International AIDS Conference in Vienna where Ricky Gunawan delivered his presentation titled “Legal Literacy in Indonesia: A Tool for Empowering Drug Users, Fishermen, and People Living with HIV to facilitate self-representation.” In other news comes from one of our employees, Ajeng Larasati, has just been named as a 2010 JusticeMakers Fellow which brought three volunteers of International Bridges to Justice (IBJ) came to LBH Masyarakat to assist LBH Masyarakat in running its program.
In addition to our regular columns, LBH Masyarakat had also interviewed Taufik Basari, one of the youngest and most promising human rights lawyers in Indonesia. In the middle of his busy schedule, he shared with us his views on youth and human rights for our Interview.
this material contains understanding related to juvenile justice system in Nepal's context . further it collaborate with domestic and international convention.
Judicial activism in India ( Brief Notes )sandhyakrish2
Judicial activism is the judicial philosophy that the courts can and should go beyond the words of the constitution or a statute to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint.
Law as an instrument of social change | Law and Social TransformationNishkaPrajapati
1. Critically and analytically explain the, “Law as an instrument of social change.”
2. Law as the product of traditions and culture.
3. Criticism and evaluation of law in the light of colonization.
4. The Introduction of common law system and institutions in India and its impact on further development of law and legal institutions in India.
The Existence of Rejang Customary Law in Case Settlement in Rejang Lebong Reg...AJHSSR Journal
ABSTRACT: This paper will examine the existence of Rejang customary law along with the times regarding
how the validity and role of Rejang customary law in solving cases in Rejang Lebong Regency. This research
uses normative juridical study method. The results showed that the Rejang Customary Law Community still
practices how to resolve cases through the Customary Law mechanism if community members face cases in
addition to settlement within the framework of the National Law system. Fresh flour in the Rejang language is
called tpung stawe'a. is a customary ritual that is still maintained and applied in the community related to
disputes or disputes in the community. Rejang Customary Law plays a role in resolving cases or disputes
through out-of-court or non-litigation channels. The existence of Rejang Customary Law in Rejang Lebong
Regency can be a consideration for the Government in making Government Regulations regarding the
procedures for determining the law that lives in the community mandated in article 2 paragraph (3) of Law of
the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code.
Keywords; Customs Law; Rejang Lebong; Solution of Things.
Law enforcement measures inevitably involve a contradiction: on the one hand they aim to create order by imposing certain restrictions on freedoms and liberties, while on the other hand they must honor liberties and freedoms of every individual that they limit. Humans inherently are endowed with rights, and when these rights are derogated from them, their humanity is undermined. A question then arises, in the event of a crime that poses a threat to public order what are we supposed to do with the perpetrators of the crime? Doing nothing will disrupt public order and will lead to a chaos that in turn will deny the human rights of other individuals. Law enforcement essentially involves some restrictions to the human rights of the perpetrators, but at the same time, the perpetrators of the crime are also humans endowed with rights that must be protected. This is exactly the critical point of the tension between these two opposite situations.
Legal Aid In Bangladesh: Application And Commitmentinventionjournals
ABSTRACT: Equality before law and ensuring social justice are important weapons to prevent social violence and development of societies in civilized countries. As per the modern justice system judicial adjudication is very costly and that cost has been the most difficult factor for the people to get justice in both developed and developing countries. In Bangladesh maximum of the population live under the poverty margin. If only rich persons can seek justice, the natural justice will be violated. So as a welfare state justice shall have to be ensured for all people of the state. For this reason there is a system in Bangladesh to make the justice available to the poor which may be called legal Aid. The constitution of Bangladesh has, in clear terms, recognized the basic fundamental human rights that are “equal before law” and “equal protection of law”. A large number of people in the country do not have any financial and other logistic support to get the appropriate service from the judicial system. This research focuses on the present legal aid services of Bangladesh, clarifies the system and suggests potential methods to improve this service.
Caveat - Volume February-March 2014 - LBH MasyarakatLBH Masyarakat
In this edition, Muhammad Afif Abdul Qoyim, an LBH Masyarakat’s caseworker, writes an article analyzing the possibility of the detainees, who are detained in police stations or other law enforcement agencies’ detention center, losing their right to vote. This is because the Election Committee does not seem very well prepared in securing their right to vote. He emphasizes, in the “Human Rights, Law, and Politics” column, the Election Committee must not only focus on the statutory election violations, – either those came from the political parties or the political candidates, but they also must be concerned with the detainees’ right to vote and to ensure that right is guaranteed, this is because right to vote is one of citizen’s rights protected by the Indonesia’s Constitution.
In the “Human Rights, HIV, and Drugs Policy” column, Aditiya Putra – an LBH Masyarakat’s Human Rights and Law program officer, writes an article about the new Indonesian social security and health care regulation. He criticizes this regulation on the ground that it is very discriminative against drug users. He argues that social security should be given equally to all citizens – a principle of universal coverage. However, contrary to this principle, the government, by enacting this regulation of social health security, the drug users will potentially be excluded from accessing that social security system. This is a discriminatory policy and it violates drug users’ right to health, as Aditiya argues.
Also, in this column, Ratna Dyah Kusumadewi, a legal intern at LBH Masyarakat, analyzes the inconsistencies of drug rehabilitation verdicts in Indonesia. She critically analyzes three different courts decisions. She pinpoints cases and rules, which could be precedents for judges to enforce rehabilitation based judgment for drug offenders, who are in need for drug treatments. She also recommends that judges should not merely interpret laws in black letter laws but also looking at the individual circumstances of each case for the interest of justice.
The last but not the least, Albert Wirya – an LBH Masyarakat’s volunteer and currently completing criminology studies at the University of Indonesia, will share his experience on working on a criminal casework, which the LBH Masyarakat is the clients’ legal representative. The case is
4 CAVEAT | February - March 2014
about a group of fishermen who are suspected trying to smuggle foreigners into Australia. In
“From Our Archive” column, Albert analyzes the case from the point of views of criminology. In
his essay, Albert focuses on the law enforcement performance when working on an organized
crime, which he argues that they might wrongfully prosecute minors but ironically fail to catch
the ‘big fish’.
Juvenile Justice System in Comparison to Criminal Justice System in Indiaijtsrd
Children and adults are treated differently as far as the legal perspective is concerned. Law considers the offence committed by the child as a delinquent act rather than a crime. Courts have established a different procedure for trial in case of a child. The child and adult not only differ in criminal proceedings but on other grounds also. They do not have the same constitutional rights as adults. The administration of justice system has a different perspective in case of an offence committed by a child. If an offence is committed by an adult, it is perceived as a crime and he or she is taken under legal consideration for the same. On the other hand, if an offence is committed by a child, the court observes the delinquency of the act. However, there is an exception in some case where the child can be treated as an adult. The main objective of the juvenile justice system is to make sure that the child is rehabilitated so that he or she does not repeat the same crime in future. In an adult justice system, the main objective is to threaten the accused by way of punishment so that he or she should not commit such heinous offences in future. Naincy Goyal"Juvenile Justice System in Comparison to Criminal Justice System in India" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5 , August 2018, URL: http://www.ijtsrd.com/papers/ijtsrd17025.pdf http://www.ijtsrd.com/humanities-and-the-arts/other/17025/juvenile-justice-system-in-comparison-to-criminal-justice-system-in-india/naincy-goyal
Tiga Hari Terakhir Bersama Rodrigo Gularte - Christina WLBH Masyarakat
When I tried to strengthen myself from the sense of feeling guilty, because I would not be able to escape him from the death penalty 3 days later, one of the executors who wore glasses said, “Mrs. Christina, please explain to Rodrigo once again that he should accept the notification and you should inform us the 4 last wishes that Rodrigo would like to propose. According to the regulation, we should provide Rodrigo’s will before the execution” While nodding, I said to myself, “Lord, please encourage Rodrigo and us.”
The Last Three Days with Rodrigo Gularte - Christina WLBH Masyarakat
Ketika saya sedang berusaha menguatkan perasaan saya dari rasa bersalah, karena saya tidak akan pernah bisa meloloskan dia dari pelaksanaan eksekusi 3 hari kemudian, seorang eksekutor yang berkacamata menyampaikan, “Bu Christina, tolong besok dijelaskan sekali lagi pada Rodrigo, ya, supaya dia bisa menerimanya dan ibu harus bisa menyampaikan kepada kami, apa 4 permintaan terakhir Rodrigo, karena dalam peraturan diberikan hak-haknya demikian sebelum dieksekusi.” Sambil mengangguk saya berkata dalam hati, “Tuhan, kuatkanlah Rodrigo, kuatkanlah kami.”
Surat Keberatan Terbuka LBH Masyarakat - PKNI - Yayasan STIGMA: Cabut Iklan K...LBH Masyarakat
Kami mendesak BNN untuk segera menghapus atau mencabut kedua publikasi tersebut yang telah termuat di dalam media-media sosial milik BNN. Kami juga mendesak agar BNN memastikan bahwa setiap publikasi dan informasi yang disampaikan ke publik ke depannya adalah publikasi dan informasi yang berbasiskan pada bukti ilmiah dan disesuaikan dengan kondisi masyarakat Indonesia dengan pemahamannya yang sangat terbatas mengenai persoalan narkotika dan adiksi agar tidak terjadi kesalahpahaman.
Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika (selanjutnya disebut dengan UU Narkotika) diundangkan pada tanggal 12 Oktober 2009. Undang-undang ini merupakan revisi atas undang-undang sebelumnya yaitu Undang-Undang Nomor 22 Tahun 1997 Tentang Narkotika. Terdapat beberapa alasan yang melatarbelakangi direvisinya UU Nomor 22 tahun 1997 tersebut, antara lain: tindak pidana narkotika yang dilakukan dengan modus operandi yang semakin canggih, materi undang-undang yang tidak lagi sesuai dengan perkembangan situasi terkini, dan perlunya penguatan kelembagaan dalam hal pencegahan dan pemberantasan peredaran gelap narkotika.
Secara umum, terdapat beberapa hal baru yang dikenalkan oleh UU Narkotika, antara lain: adanya perubahan dan penambahan definisi di dalam bab tentang Ketentuan Umum, ruang lingkup dan tujuan yang diperluas, perluasan alat bukti dan adanya teknik penyidikan narkotika yang baru, serta ancaman pidana minimal untuk semua golongan narkotika.
Dokumentasi Pelanggaran Hak Tersangka Kasus NarkotikaLBH Masyarakat
Buku yang anda pegang sekarang memuat laporan dokumentasi yang telah LBH Masyarakat lakukan selama satu tahun sepanjang 2011. Hasil dokumentasi tersebut mengafirmasi cerita-cerita yang sebelumnya pernah
kami dengar. Nyaris semua tahanan kasus narkotika pernah mengalami pelanggaran HAM di tingkat penyidikan, baik upaya paksa yang dilakukan dengan sewenang-wenang oleh pihak kepolisian maupun penyiksaan
dan perlakuan buruk lainnya. Buku ini tidak berpretensi untuk menyajikan laporan penelitian kuantitatif melainkan lebih kepada pemaparan analisis kualitatif yang terefleksi dari hasil temuan tersebut.
Documentation on The Violation of The Rights of The SuspectLBH Masyarakat
The book you are holding now compiles a report of LBH Masyarakat documentation conducted over one year in 2011. The results of this documentation affirms the stories we have heard before. Nearly all detainees in narcotics cases have experienced some sort of human rights violation during investigative phase, including arbitrary enforcement measures, torture and other mistreatment by the police. This book does not pretend to present a quantitative study. Instead, it provides a more qualitative analysis reflected from the findings.
Jejak Langkah Menciptakan Pengacara RakyatLBH Masyarakat
Buku “Jejak Langkah Menciptakan Pengacara Rakyat” adalah kumpulan pengalaman para penyuluh hukum LBH Masyarakat dalam melakukan pemberdayaan hukum di empat komunitas. Empat komunitas itu adalah komunitas nelayan Kali Adem, komunitas remaja keluarga korban Tragedi Mei 1998 di Klender, komunitas pemakai dan mantan pemakai narkotika di Jakarta, dan komunitas remaja yang bersekolah di sekolah alternatif di Terminal Depok.
Catatan perjalanan yang para penyuluh tuliskan di buku ini tidak berintensi untuk menjadi sebuah panduan lengkap dalam melakukan aktivitas pemberdayaan hukum. Guratan tulisan dalam buku ini sesungguhnya bertujuan untuk berbagi cerita perjalanan yang para penyuluh alami dalam melakukan pemberdayaan hukum. Membaca torehan pengalaman para penyuluh hukum dalam buku ini bisa membuat Anda tertawa kecil, larut dalam haru, terbawa dalam kegeraman, dan bukan tidak mungkin menginspirasikan Anda untuk dapat berbuat lebih
dalam melakukan pemberdayaan hukum.
Buku Saku Mengenal UU Keterbukaan Informasi PublikLBH Masyarakat
Indonesia, beberapa waktu yang lalu telah mengesahkan
Undang-Undang Nomor 14 tahun 2008 tentang Keterbukaan
Informasi Publik. Kehadiran undang-undang ini tentu layak mendapat apresiasi positif karena menjadi landasan hukum bagi setiap orang untuk hak atas informasi, sekalipun dalam beberapa hal, undang-undang ini memiliki keterbatasan.
Buku saku ini disusun sebagai upaya untuk mengenalkan undang-undang yang baru tersebut kepada Pendamping masyarakat dan aktivis Ornop. Diharapkan setelah membaca buku saku ini dapat memperoleh pemahaman yang mendasar mengenai undang-undang tersebut, sehingga dapat menggunakannya ketika diperlukan
terutama dalam kerja-kerja mendampingi masyarakat.
Buku berjudul Wajah Pemberdayaan Hukum Masyarakat ini hadir dengan maksud untuk memberi potret yang jelas untuk menggambarkan apa itu pemberdayaan hukum masyarakat ala LBH Masyarakat. Kami sadar betul bahwa rumusan dalam buku ini bukanlah rumus baku untuk menjalankan pemberdayaan hukum masyarakat. Penjabaran ide-ide dalam buku ini hendaknya diperlakukan sebagai uraian ramuan, yang peracikannya diserahkan kepada setiap pelaku pemberdayaan. Gagasan dalam buku ini juga memang sejak awal diposisikan sebagai living manifestos. Dia tidak kaku, fleksibel dan adaptif. Dia akan menyesuaikan dengan perkembangan masyarakat itu sendiri. Mengingat masyarakat akan terus berubah, begitu pula halnya dengan pemberdayaan hukum. Kami juga sadar betul bahwa pemberdayaan hukum masyarakat akan ada banyak model. Oleh karena itulah, buku ini adalah satu dari sekian banyak referensi yang dapat Anda rujuk ketika hendak menjalankan pemberdayaan hukum.
Hak Asasi Manusia dan HIV, No. 2, 2010 - LBH MasyarakatLBH Masyarakat
HdH diterbitkan dengan tujuan untuk menjadi sarana informasi, komunikasi dan dialog antar komunitas yang kini tengah diberdayakan oleh LBH Masyarakat. Publikasi ini hendak menyasar pembaca utamanya di lingkungan orang yang hidup dengan HIV/AIDS, pemakai narkotika, pekerja seks dan waria/transjender. Publikasi ini juga bertujuan untuk memicu diskusi di antara anggota komunitas-komunitas tersebut. Tentu inisiatif ini tidak lepas sebagai bentuk upaya untuk melengkapi pemberdayaan hukum masyarakat yang tengah kami lakukan di empat komunitas tersebut.
Caveat - Volume February-March 2013 - LBH MasyarakatLBH Masyarakat
The Indonesian Civil Society Coalition against the Death Penalty (HATI Coalition) condemns the recent execution of Adami Wilson by the Attorney General’s Office, on Thursday, 14 March 2013.
“All human beings are born free and equal”. Regardless of the reality, this is the value that underpins human rights. Human rights is about equality, about everybody having the same rights, and that the government has the obligation to protect, respect and fulfill it. But, what if there area group of people who,since early in their lives, are discriminated and seen as less of a human being, and then thrust into marginalization,unable to claim their rights? What role must the government play to protect the rights of these people?
Monday, 18 March 2013, the Central Jakarta District Court decided to send a child who uses drugs to receive rehabilitation in a government social rehabilitation for children. Vince (not his real name) was one of ten suspects who were involved in this case. The proceedings were relatively quick and should be appreciated as the judge handed down the rehabilitation verdict to the child instead of imprisonment and put priority on children rights throughout the process.
Caveat - Volume July-August 2012 - LBH MasyarakatLBH Masyarakat
The relationship between ethnic and religious groups in Indonesia is vulnerable to conflict and has often lead to violence. The intensity of conflicts that has lead violence in the past few years is alarming. Take, for example, the
brutal attacks on Ahmadiyah followers in Cikeusik, Banten province, in early 2011; persistent assaults against the HKBP Filadelfia church in Bekasi, West Java, this year; and also this year, aggressive harassment of Shi’ite followers in Madura, East Java. These are but a few cases of conflicts involving violence between groups in Indonesia. The question remains, however, were these violent conflicts caused or perhaps triggered because of the different group
identities involved? In other words, such question assumes that that the violence is driven by ethnic or religious identity.
Indonesia has been attempting to address drug issues in many ways, which apparently and regrettably, has been more of a failure rather than a success. The government seems to be somewhat confused as to how it should tackle this problem. The number of drug dependents has not decreased despite the punitive approaches and extensive campaigns that demonize people who use drugs.
The third article seeks to provide an overview of how Indonesian drug policies have failed to respect human rights of drug users. However, a detailed analysis of the problems is beyond the scope of this article. It will, therefore, only seek to evaluate fundamental issues of the policies. At the end of this article, it will offer some key recommendations to address the problems that emerged.
Caveat - VOLUME 16/II, SEPTEMBER 2010 - LBH MasyarakatLBH Masyarakat
September has been a gloomy month for Indonesia, in terms of its history of law and human rights, since 1965. The killing of Munir in 2004, Semanggi II tragedy in 1999, Tanjung Priok tragedy in 1984, and 1965 Massacre all took place in September. All of these human rights abuses are left unresolved, leaving no justice for the victims and perpetrators are unpunished. Put simply: impunity reigns over law and human rights. In early September, when we had our editorial meeting to discuss the ideas for this month’s CAVEAT, all of us were agreed to raise the issue of impunity in those so‐called past human rights violations. One major incident then occurred and changed our editorial decision, however.
On 12 September 2010, morning, some Christians were walking from their houses towards to their church (HKBP) in Ciketing, Bekasi, West Java. First Brigadier Police (Briptu) Galih Setiawan was there to lead and secure the walkers. While they were walking, there were four unknown men in motorcycle approached Hasian Lumban Toruan Sihombing and stabbed him in stomach. Briptu Galih Setiawan then put Toruan Sihombing in the motorcycle helped by Priest Luspida Simanjuntak. When they were taking Toruan Sihombing to the nearest hospital, the perpetrators attacked Priest Luspida with a wooden block and she was injured in head, back, and forehad.
What worse was in this situation that President Susilo Bambang Yudhoyono did not step forward and appear in public to condemn such cowardice act. Two days before the incident, President himself gave a speech commenting on the plan of Koran burning by Pastor Terry Jones in the US. People at large were angered as President Yudhoyono voiced out his concern on issue that was far away but neglected such an important issue in his backyard.
Apart from that, as usual, we also put reportage from Asia. In addition, Ajeng Larasati one of our legal researcher write an opinion for this edition CAVEAT with regard to a case of our client in which had to serve imprisonment seven days extra. She argues that maladministration of the judiciary system in which the correctional facility should be held responsible – together with the court and prosecutor office, leads to human rights violation.
Caveat - VOLUME 13/II, JUNE 2010 - LBH MasyarakatLBH Masyarakat
This month’s CAVEAT Main Report highlights this issue and asks us to think more beyond the OPCAT ratification. It is noteworthy that OPCAT ratification is not the end of the line, it is only the means for a greater end: the prevention of torture in detention facilities in Indonesia. Thus, we need to start thinking now –while urging the government to ratify OPCAT- what kind of NPMs would be best to implement once the protocol has been signed.
Our featured article takes a look at Indonesia’s elite anti terror squads, and calls for greater training to ensure that the anti-terror fight does not step out of bounds of human rights.
In our Rights in Asia column we have updates on human rights situations in Nepal, Philippines, and South Korea.
In Reportage, you may find series of activities conducted by Indonesian Networks against Torture (JAPI) –which LBH Masyarakat is a member of, in commemorating the anti-torture day this year.
Still related to torture, our Opinion section has a succinct overview of torture in Indonesian in the form of the Statement of AHRC on practice of torture in Indonesia. The statement generally highlights key issues such as torture criminalization, revision on Indonesian Penal Code and Criminal Procedure Code, police reform, and OPCAT ratification.
Caveat - VOLUME 12/II, MAY 2010 - LBH MasyarakatLBH Masyarakat
In this month’s Main Report we bring you coverage on a current LBH Masyarakat case. Humphery Ejike, a Nigerian national has been sentenced to death by a South Jakarta District Court after being convicted as a drug dealer. However the court failed to fully prove Mr Ejike’s guilt, instead it is alleged that the charge was fabricated and the judges were influenced by the race of the accused, rather than the evidence presented to the court. Such judicial prejudice has not only violated the Bangalore Principles, which mandates judges to examine cases impartially and in spirit of equality but the case has also violated Mr Ejike’s basic human rights as guaranteed by the 1945 Constitution and Convention on All Forms of Racial Discrimination (CERD) which was ratified by Indonesia in 1999. In addition to being discriminated against because of his race, Jeff has also had his right to fair trial violated as he was not given access to legal counsel or an appropriate interpreting service. The Additional Feature on this edition of CAVEAT reports on the after math of May 1998 riots and reflects on the wounds that have yet to be healed on the 12th anniversary of the events. The article explores the lack of justice obtained by the government on behalf of the many victims despite the abolition of Suhartos New Order regime. “Building A Rights-Based Approach of HIV/AIDS Case and Policy Advocacy” in Jakarta. Yoseph Adi Prasetyo from the National Human Rights Commission and human rights lawyer Taufik Basari attended the workshop to deliver presentation on the issue of HIV/AIDS, human rights and legal advocacy. The complete report on this workshop may be found in this edition’s Reportage. Last but not least, the Opinion Piece is an open letter written by the Asian Human Rights Commission to the Chief of the Indonesian National Police regarding the shooting of five terrorist suspects in Cikampek and Cawang.
Caveat - VOLUME 11/II, APRIL 2010 - LBH MasyarakatLBH Masyarakat
The constitutional court has rejected a review on the ‘Blasphemy Law’, a prominent LGBT conference was cancelled amid community uproar and a large scale
riot in the North Jakarta area of Koja on April 14 dominated the news cycle.
In this months CAVEAT Main Report, we have analysed the Koja riot. Hundreds of victims were injured and three public order officers were killed, former Indonesian vice president, Jusuf Kalla, called the clashes the biggest riots since May 1998. The Koja riot – which was triggered by reports that the government intended to destroy the tomb of Mbah Priuk, a celebrated Islamic figure buried on state owned land - has increased the calls urging government to disband the infamous Public Order Agency (Satpol PP).
From a human rights perspective the violence committed by the Satpol PP meets the criteria of ‘cruel treatment’ as pointed out by Article 16 of the Convention against
Torture or Cruel, Inhuman, or Degrading Treatment or Punishment (CAT). Thus, any Satpol PP officers who committed such acts should be punished according to the law.
There is a debate, however, whether disbanding the Satpol PP is the best solution. The government is adamant that
the force is still needed to enforce regional regulations.
In the Additional Feature, we present you an article outlining the reasons behind the cancellation of the International Lesbian, Gay, Bisexual, Transgender and Intersex Association (ILGA) conference which was scheduled to be held in Surabaya at the end of March. The cancellation shows a lack of respect for LGBT rights in Indonesia as well as the constitutional ‘right to assemble’.
Our Rights in Asia section updates you on human rights conditions in three other Asian countries; Thailand, India, and the Philippines. The hot political situation in Bangkok has resulted in the Thai government blocking access to certain websites, which reflects anti democracy policy in Thailand.
We will also update you with LBH Masyarakat’s current activities. In our Reportage section’ we tell you of our efforts
to obtain legal birth certificates for hundreds of Jembatan Besi residents. Together with our paralegals and volunteers, we conducted several activities to ensure this community is able to formally apply for birth certificates without the use
of a ‘scalper’ which had made the process too expensive for most residents in the past.
Finally, Ricky Gunawan’s article ‘Indonesia’s Pluralism in Peril’ explores the lack of tolerance of pluralism in Indonesia following the constitutional review of the
‘Blasphemy Law’ as well as the cancellation of the ILGA conference. Ricky Gunawan argues that despite Indonesia’s pride for its multicultural heritage the fact is that
‘diversity is negated and human rights are diluted by fundamentalists.’
Caveat - VOLUME 09/II, FEBRUARY 2010 - LBH MasyarakatLBH Masyarakat
In this month’s Main Article column, we examine the controversy currently surrounding the fundamental human rights of freedom of religion and freedom of expression. A recent application for constitutional review of the 1965
Blasphemy Law has re-invigorated the freedom of religion debate in Indonesia.
The Indonesia Constitution and domestic law on human rights guarantee freedom of religion and freedom of worship. Unfortunately, in practice, one cannot rely on this ‘guarantee’ to exercise the right to worship the religion of one’s choice. Those who have beliefs which are different to the mainstream religions may be labelled as deviant, or face physical abuse, as in the case of followers of Islamic sect, Ahmaddiya. This article critiques this gap between words and practice in relation to freedom of religion in Indonesia.
The Additional Feature in this month’s episode highlights the debate around the power of the Attorney General’s Office (AGO) to ban printed materials believed to have the potential to disrupt public order. In December last year, the AGO banned five books by a decree, igniting a debate on
freedom of expression. Author of banned book Enam Jalan Menuju Tuhan, Darmawan, filed an application for constitutional review with the Constitutional Court in February, on the grounds of violation of his right to freedom of expression. The government and supporters of the book
ban defend the actions of the AGO on the basis that freedom of expression and freedom to information are subject to limitation. Notwithstanding this, it is important to critically analyse whether the power to limit these rights is exercised in a manner compatible with the principles of human rights. We argue that, in accordance with the International Covenant on Civil and Political Rights (ICCPR), a degree of proportionate limitation on the exercise of
the right to freedom of expression and information in the name of public order is justifiable. However, even in such
circumstances, the power to ban books must be exercised in accordance with certain criteria; the exercise of power
should be a proportionate response to the threat, it should be exercised in accordance with a set of objective criteria and should be subject to review or appeal.
The final article is an opinion piece written by Ricky Gunawan which looks at the story of Rose, a drug user sentenced by Indonesian courts to rehabilitation. Rose
was asked to pay an amount of money for her rehabilitation even though Indonesia’s Narcotics Law clearly states that the state will pay the treatment costs of drug addicts
found guilty of drug offences under the Narcotics Law. Gunawan criticizes Indonesian’s legal system which is
unprepared to serve convicted drug users in need of rehabilitation.
Caveat - VOLUME 06/I, NOVEMBER 2009 - LBH MasyarakatLBH Masyarakat
Indonesia has been stunned by the drama of the rivalry
between the Indonesian National Police and the Corruption Eradication Commission (KPK) as the anti-corruption saga reaches new heights. There was public outcry when
police detained two of the KPK’s deputy commissioners. This sentiment escalated when the Constitutional Court heard wiretapped recordings of conversations between high-ranking law enforcement officials and suspects in corruption cases. The recordings indicate that there is a systemic plot to eliminate the KPK and further, that justice has not been served. In this state of affairs, President Susilo Bambang Yudhoyono’s awkward neutrality is disheartening. His strong commitment to fighting corruption must be translated into practice as the epic between the “gecko” (KPK) and the “crocodile” (Indonesian police) – as coined by the latter – is alarming and threatens to collapse the country’s rule of law.
Our main report in this edition of CAVEAT will take you along the journey of this saga and examine how
Indonesia should take the opportunity to complete a thorough reform of its law enforcement institutions.
In the additional feature, we present a joint open letter by LBH Masyarakat and Amnesty International addressed to
Commission III of the Indonesian House of Representatives regarding a review of the draft of the Indonesian Criminal Code. In the open letter, we focus on several issues:
Torture, freedom of expression, the death penalty, discrimination and violence against women, and crimes under international law.
Finally, Ricky Gunawan raises a recent torture case experienced by a transgender sex worker in his opinion piece entitled, “Indonesian Police Torture Must Be
Stopped.” He argues that the victim’s audacity in coming forward to complain of torture is heroic, given that he is a member of a vulnerable group that is often stigmatized and discriminated against. Thus, “his courage should not go to waste.”
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
1. EDITOR'S NOTE LBH Masyarakat presents you
the April May 2013 edition.
HUMAN RIGHTS, LAW, AND POLITICS
Examing Judicial Review in the
Indonesian Criminal Justice
System
The process of law enforcement in
Indonesia has had a bad record such as in
the case of Sengkon and Karta. The two
were accused of committing theft and
murder of husbandandwife Sulaimans that
took place in Bekasi in 1974. Bekasi District
Court then sentenced Sengkon to 12 years
of prison and Karta to 7 years.
HUMAN RIGHTS, HIV, AND DRUG POLICY
Right to Health
Advocacy Training,
Asia Catalyst 2013
From 21 to 26 May 2013, Asia Catalyst – an NGO based in
New York – held the 2013 Right to Health Advocacy
Training in Bangkok. Asia Catalyst provides management
and advocacy training to grassroots groups in Asia which
are working to promote the right to health.
FROM OUR ARCHIVE
AStory of
Aldo
Once again, a child from a poor socioeconomic background has
become trapped in illicit narcotic trafficking in Jakarta. In May 2013, a
sixteen year old boy named Aldo (not his real name) appeared before
the Central Jakarta District Court. Aldo was a student in Taman Siswa
Senior High School when he was arrested by the police for his alleged
involvement in drug trafficking.
ALetter
From Jember
Judicial corruption does not seem to pick and choose where it will
occur. It can happen in big cities like Jakarta or a small city like
Jember in the province of East Java. People may find it difficult to
prove that judicial corruption exists, but one can feel that it is there.
Volume April - May 2013
http://www.lbhmasyarakat.org
2. MANAGING EDITOR:
Ricky Gunawan
EDITORIAL BOARD:
Andri G. Wibisana, Dhoho Ali Sastro,
Ajeng Larasati, Antonius Badar, M. Afif
Abdul Qoyim, Riki Efendi.
FINANCE AND CIRCULATION:
Ahmad Zaki, Herlina
REVIEWER:
Miki Salman
DESIGN AND LAYOUT:
Vimala Putta
ADDRESS:
Tebet Timur Dalam III, No. 54A
Jakarta 12820, INDONESIA
CAVEAT is published by the Community Legal Aid Institute (LBH Masyarakat), Jakarta,
Indonesia. All rights reserved. Neither this publication nor any part of it may be reproduced
without prior permission of the LBH Masyarakat.
This publication is supported by the Levi Strauss Foundation. The content of this publication
does not necessarily reflect the opinion or position of the Levi Strauss Foundation.
CAVEAT welcomes any feedback and contributions. If you are interested in contributing a guest
editorial piece or article, please contact us at contact@lbhmasyarakat.org or caveat@
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Branch : Tebet Timur, Jakarta, Indonesia
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Editor's Note ..................................................... 3
HUMAN RIGHTS, LAW, AND POLITICS........... 4
Examining Judicial Review in the Indonesian
Criminal Justice System
HUMAN RIGHTS, HIV, AND DRUG POLICY..... 9
Right to Health Advocacy Training, Asia Catalyst
2013
FROM OUR ARCHIVE ..................................... 11
A Story of Aldo
A LETTER FROM JEMBER ............................ 14
To Bribe or Not To Bribe
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CAVEAT | April - May 2013 2
3. In this edition, we present you – as usual – four columns ofarticles. In Human Rights, Law, and Politics,
Muhammad Afif – LBH Masyarakat’s public defender – examines the pros and cons of the concept of
judicial review (PK) in the Indonesian criminal justice system. In his article entitled Examining Judicial
Review in the Indonesian Criminal Justice System, Afif first investigates the history of PK and then
analyses its issues. One of these limitations is the fact that PK can only be done once. This, he argues,
conflicts with the notion of justice. Afif also questions the inconsistency of PK in practice, as the
prosecutor may sometimes file for PK where on paper they do not have the legal standing to do so.
In the Human Rights, HIV, and Drug Policy column, Ilham Sofiar – a caseworker at LBH Masyarakat –
shares his experience in attending the Right to HealthAdvocacy Training organized by the Asia Catalyst in
May 2013. Meanwhile in the From OurArchive column, our casework coordinatorAntonius Badar reports
on our experience in assisting a juvenile in a narcotics case in A Story ofAldo. Fortunately Aldo (not his
real name) managed to be returned to his parents despite a difficult struggle in the legal process.
Dhoho Sastro – Director ofthe LBH Masyarakat Jember Office – has written an article entitled To Bribe
or Not To Bribe in A Letter from Jember. In his article Sastro shares his insights on bribery – a common
phenomenon and frequently believed by our clients to be an effective way to win a case. Bribery (or
extortion) in the Indonesian judicial system is like a bad scent that everyone can smell but no-one can find
the source. Sastro’s experience with the LBH Masyarakat Jember Office proved that bribery fails.
Criticisms or any comments as always are appreciated to improve CAVEAT.
CAVEAT | April - May 2013 3
4. HUMAN RIGHTS, LAW AND POLITICS
Examining Judicial Review in
the Indonesian Criminal
Justice System
Muhammad Afif Abdul Qoyim1
The process of law enforcement in Indonesia has had a bad record such as in the case of
Sengkon and Karta. The two were accused of committing theft and murder of husbandandwife
Sulaimans that took place in Bekasi in 1974. Bekasi District Court then sentenced Sengkon to 12
years of prison and Karta to 7 years. For six years they were incarcerated in Cipinang Prison
until one day another convict, Gunel, also incarcerated in Cipinang Prison, came forward and
confessed that it was he who murdered the husbandandwife couple. With regard to this
confession, the Bekasi District Court sentenced Gunel to 12 years of prison. However, the fact
that there was bow new evidence, that is, the discovery of the actual perpetrator, did not
automatically meant that Sengkon and Karta could walk free immediately. The situation created a
legal vacuum as to the requirements and procedures for judicial review (peninjauan kembali) as
a mechanism to correct prior court decisions.
The situation was immediately responded by the then Head of the Supreme Court, Prof. Oemar
Seno Adji, who also acted as the Head of the Panel of Judges along with Busthanul Arifin, and
Purwosunu, as members of the panel in the judicial review of the case of Sengon and Karta. The
outcome of the judicial review is reflected in the Supreme Court decision number
66/PK/KR/1980, of 31 January 1981, which, essentially, ruled that Sengkon and Karta were
proven not guilty.
The silver lining from the Sengkon and Karta case was a lesson that the early reformed
Indonesian criminal justice system giving a mechanism for judicial review in Law Number 8 of
1981 (Criminal Procedural Code). Although, initially the procedure took into consideration the
Supreme Court Regulation Number 1 of 1980 regarding Judicial Review of Decisions with
Permanent Legal Force.
The Criminal Procedure Code (KUHAP) elaborates the mechanism for judicial review (PK),
including the basis and reasons for PK application. Generally speaking, PK is only limited to
certain subjects, namely those who are entitled to applying for PK; the convicts or their heirs as
regulated in Article 263 (1) of KUHAP.
Background
1Muhammad Afif Abdul Qoyim is Advocacy Staff at Lembaga Bantuan Hukum Masyarakat
(LBH Masyarakat).
CAVEAT | April - May 2013 4
5. The object of a judicial review is legal decision with permanent legal force as stipulated in Article
263 (1) of KUHAP. Whereas the bases for PK are limited to three according to Article 263 (2) of
KUHAP, namely:
a. “if there is a new situation that would lead to a strong inference, that if such situation
was known at the time of the proceedings, the outcome would be an acquittal of all legal
charges or [that] prosecutor’s charges would not be acceptable or with respect to the
case a lighter criminal provisions would be applied;
b. if in the various decisions there are statements that something has been proven,
however the matter or situation as the basis or reason for the decision that was declare
proven, apparently created a contradiction;
c. if the decision clearly demonstrated a clear judge’s error or mistake”.
From the above stipulations, one can infer that a decision that factually contains errors can be
corrected. This concept is consistent with Taufik Rahayu Syam who proposed several
considerations to reopen the door for judicial review, including:
1. “Even though a case has been decided at the first, appellate and cassation levels that
has permanent legal force, there are concerns that there may be errors in the
examinations because human nature although he is a judge is not free from error and
negligence and shortcomings;
2. It may be that when a case is decided, apparently there are elements that are
unhealthy such as lies, and deceptions so as to lead to injustice to one of the parties in
the case;
3. It would be improper to maintain a decision that has juridical flaws in the life of society,
so that it would be proper to provide an extraordinary opportunity to parties that are
harmed by filing a PK application in the case that already has a permanent legal force.”
Analysis: Problems in Judicial Review Practice
Limitation of Judicial Review
Article 268 (3) of KUHAP regarding the procedural code about judicial review stipulates that PK
can only be filed once. This provision basically limits PK filing to only once. Filing for PK more
than once is not only impossible but in practice the majority of PKs end up with the verdict
“reject” as experienced by Joko Tjandra in the Bank Bali cessie case number:
100/PK/Pid.Sus/2009, and the former Governor of Bank Indonesia Syahril Sabirin in case
number: 167 PK/Pid.Sus/2009, as well as the capital cases of Fabianus Tibo and company. The
existence of such decisions provide more legitimacy regarding limitation of PK as reflected in
Article 24 (2) of Law Number 48 of 2009 Regarding Judicial Authority, which reads:
“with respect to judicial review decisions [there] cannot be [another] judicial review”.
Based on the above law, many justice seekers who feel that their constitutional rights have been
harmed [have] filed for constitutional review of PK limitation that is limited to only once with the
Constitutional Court. One such effort was by the former Head of the Corruption Eradication
Commission, Antasari Azhar, in the case number: 34/PUUXI/2013. In the correction to his
second submission dated 25 April 2013, Antasari conveyed that “we feel that if PK can only be
done once, which thus far had been said for the sake oflegal certainty, we feel this is very unjust.
Because the legal certainty actually, in our opinion, has already happened since the cassation
decision is inkracht, ordinary legal efforts. PK, [is an] extraordinary legal effort, so that PK does
not postpone the execution, such is the meaning. So that nothing is disrupted [as far as] the due
process oflaw [goes] with respect to a case”.
CAVEAT | April - May 2013 5
6. With respect to that request, there are pros and cons from several legal experts. Those who
support limiting PK are basically of the opinion that applying for PK more than once does not
provide the guarantee for legal certainty as mandated by Article 28 D (1) of the 1945 Constitution
of the Republic of Indonesia. Additionally, repeated application of PK will injure the principle of a
simple, expedient, and affordable criminal justice to avert a protracted court process.
Whereas those who reject limiting PK essentially argue that [limiting] PK application to only once
goes against the principle of justice, as mandated in Article 24 (1) of the 1945 Constitution of the
Republic of Indonesia, which provides that judicial authority is independent in organizing the
judiciary to uphold the law and justice. On the other hand, the regulation [that limits] PK to only
once will only obstruct the right to obtain justice for convicts sentenced to death, assuming that
new evidence is to be found later while first PK has been filed.
The above polemics in practice do not only apply to Supreme Court judges in adjudicating
second PK. This experience can be seen in the case of Nyayu Saodah Binti Alm. K.A. Kosim
(Grandma Saodah) in the case number: 183 PK/PID/2010. In this case, the Supreme Court
accepted the second PK application by Grandma Saodah. The first PK had been filed by the
General Prosecutor beforehand. The reasons used by Grandma Saodah in filing her second PK
were as follows;
a. That the first PK filed by the General Prosecutor with the case number:
41 PK/Pid/2009 there was a clear mistake made by the panel of judges. This is
because the decision in the civil case number: 532/Pdt/2004/PT.BDG Jo.
Cassation Decision number: 1434 K/Pdt/2005 that served as the basis for the
Prosecutor General’s filing has been annulled by the PK decision number:
803 PK/Pdt/2008;
b. That PK I by the General Prosecutor does not have a solid basis even though
the argument used was for the public interest as practiced in the case of Muktar
Pakpahan. Because basically this case is purely a civil case (private) and has
nothing to do with public interest.
With the above reason, the Supreme Court in its consideration implicitly referred to the action of
the General Prosecutor in filing for PK that was seen as closing the door to justice for the
convict/her heirs to file for PK. Thus, the Supreme Court needed to consider the PK filed by the
convict. Furthermore, the bases proposed by Grandma Saodah have been granted by the
Supreme Court and mentioned that there were various decisions that were contradictory in one
case as regulated in Article 263 (2) and the Supreme Court Circular Number 10 of 2009 point 2
which in essence provides that [if] in one case object there are two or more contradictory
decisions then PK can be filed. This consideration basically is related to the existence of the civil
decision in the case number: 803 PK/Pdt/2008 as the decision that annulled the decision
number: 523/Pdt/PT.BDG Jo. 1434 K/Pdt/2005. The last two decisions served as the basis for
the General Prosecutor to file PK number: 41 PK/Pid/2009. Thus, with the PK decision in the civil
case number: 803 PK/Pdt/2008 that was made as the basis for PK by Grandma Saodah, the
Supreme Court in its verdict, annulled PK Decision number: 41 PK/Pid/2009 Jo. Decision
number: 1956 K/Pid/2007 Jo. Decision number: 296/Pid/B/2006/PN.BDG.
The case of Grandma Saodah above is a fact that illustrates that multiple filing for PK can be
justified with the condition that the basis for filing the judicial review is that there are contradictory
decisions in one case object as provided in Article 263 (2) letter (b) KUHAP Jo. Point 2 SC
Circular Number 10 of 2009.
CAVEAT | April - May 2013 6
7. In addition to the case of Grandma Saodah there had also been cases where PK was filed by
parties without the legal standing as parties entitled to file PK. This can be seen in case number:
1 PK/Pid/1984, of 20 February 1984. In that case the person filing for PK is the owner of
evidence, namely, the ship that was previously used by other parties to commit the crime. In that
case it can be concluded that the owner of the evidence (the ship) could file for PK as he was
involved in the commission of the crime committed by the convict. The Supreme Court, therefore,
in its decision stated that “the judicial review cannot be accepted” with the reason that “the PK
applicant is not the convict or his heir as provided in Article 263 (1) of KUHAP”.
In the above case, number: 1 PK/Pid/1984, it can be implied that the closure of opportunity to file
for PK for the convict/heirs is because the party who first applied for PK is the owner of the
evidence who legally does not have a legal standing as PK applicant subject. The fact that there
were efforts by the evidence owner applying for PK clearly takes hostage the convict’s/heirs’ right
to justice. The legal event resulted from the regulation of PK in KUHAP that only limits PK to
once as provided in Article 268 (3) of KUHAP.
The variety of cases above has basically gone against rules regarding limitation of PK that can
only be done once. Even though it still considers the basis and particular situations of why PK is
filed more than once.
PK application by General Prosecutor
The Supreme Court in 1996 made a spectacular legal breakthrough in the criminal justice
system. The Supreme Court accepted a PK application filed by General Prosecutor in the case
of Muktar Makpahan, case number: 55 PK/Pid/1996, of 25 October 1996. In the legal standing of
the PK filed by the GP, the Supreme Court did accept. Which means that formally the PK
application had met the requirements as provided in the KUHAP. Whereas, as specified in Article
263 (1) of KUHAP, the party that is entitled to file PK application is limited to certain legal
subjects, namely the convicts or his/her heirs. Explicitly, the provision does not say the GP as a
party entitled to file PK application. However, the provisions regarding parties entitled to file PK
were again set aside by the Supreme Court.
However, in the case of H. Mulyar Bin Samsi, case number: 84 PK/Pid/2006, the PK application
filed by GP, the Supreme Court formally rejected the PK application. Because KUHAP, as
specified in Article 263 (1) affirmatively and in a limited fashion only specified that the convict or
the heirs are parties entitled to apply for PK. With regard to the role of GP in applying for PK, the
Supreme Court considers it a violation to the application of procedural law.
Some of the decisions above contain legal contradictions. In the case of Muktar Pakpahan, the
Supreme Court accepted the legal standing of GP as a party entitled to apply for PK, while in the
case of H. Mulyar Bin Samsi, the Supreme Court rejected the legal standing of GP as the party
applying for PK. This fact indicates that the PK practice that exists today often invites and
contains problem.
On the other hand, relying on the case of Muktar Pakpahan regarding the acceptance of legal
standing of GP as a party to file for PK, GP often referred such case when they submit a PK
application. This can be seen in the case of Soetiyawati alias Ahua Binti Kartaningsih in case
number: 15 PK/Pid/2006. In that case, again, the Supreme Court formally accepted the legal
standing of GP in filing PK.
CAVEAT | April - May 2013 7
8. Despite all this, the chances of GP to apply for PK are not dominated by the convict/heirs,
because the provision in Article 263 (3) of KUHAP provides an indication for GP to file PK. The
presence of this opportunity is a logical consequence because the convict/heirs pragmatically
would not possibly file PK with respect to a decision that benefits them. With respect to this
situation, one can then imply that the provision of Article 263 (3) provides an opportunity for GP
to file PK.
Conclusion and Recommendation
Conclusion
Provisions regarding filing extraordinary legal efforts, namely, judicial review are clearly and
explicitly stated in the Criminal Procedure Code (KUHAP). Along the way, the provisions
regarding PK were not free from problems and debates. At least the polemics that developed
pertained to the quality of the legal norms and application of the legal norms themselves. The
problems become more evident in PK application that is only limited to once as stipulated in
Article 268 (3) of KUHAP. This onetime limit to PK application appears to be a problematic legal
issue. This context can be seen from the pros and contras that appeared among legal experts
with regards to the doctrine of legal certainty and the vision of justice. Those who support the
limitation to PK argue that giving more than one opportunity to apply for PK will not ensure the
realization of legal certainty as reflected in Article 28 D (1) of the 1945 Constitution. Whereas
those who reject the limitation of PK application argue that the justice process shall be
conducted not only to gain legal certainty but to achieve justice.
Recommendation
Even though the provisions regarding limitation of PK in practice are often not followed, it does
not mean that the filing of PK can be done repeatedly. This is considering the principle of legal
certainty in the enforcement of law. However, the spirit of legal certainty alone is not enough.
Because it needs to take into account the value of justice as the essential goal of law
enforcement. This context is aimed for the Supreme Court as the institution that guards justice
that shall maintain harmony between legal certainty and the goal of justice. Not applying justice
certainly would mar the enforcement of law itself at the same time stain human rights that apply
universally.
CAVEAT | April - May 2013 8
9. HUMAN RIGHTS, HIV AND DRUG POLICY
Right to Health Advocacy Training,
Asia Catalyst 2013
From 21 to 26 May 2013, Asia Catalyst – an NGO based in New York – held the 2013 Right to
Health Advocacy Training in Bangkok. Asia Catalyst provides management and advocacy
training to grassroots groups in Asia which are working to promote the right to health. The
participants came from nine countries in the Asia Pacific region: Indonesia, China Tibet, Vietnam,
Hong Kong, Cambodia, Australia, India, Myanmar and the Philippines.
On the first day of training, the participants discussed rightsbased advocacy together with
representatives from relevant government institutions. They analyzed some problems and used
strategic thinking skills to seek solutions. Each participant shared information about their
experience in advocacy and the successes and constraints they had encountered in their
country. A common problem experienced in most of the communities was the denial of their rights
as citizens. The participants explained that community members are often stigmatized and
discriminated by the government. For example, in Nepal and India stigma and discrimination are
still experienced by people living with HIV when accessing health services.
An overview of human rights and UN human rights mechanisms was discussed on the second
day of training. In this session, the participants discussed human rights issues that were most
relevant to their communities, including useful UN human rights mechanisms and how they could
be used for advocacy purposes. This session was followed by a discussion about how to learn
and apply the strengths, weaknesses, opportunities and threats of the advocacy plan and what
kind of benefits this might have for the organization.
After this, the participants were given materials on the Global Fund. The participants learnt about
the issues surrounding how the Global Fund works and its new funding initiatives. It is hoped that
the participants will use the Global Fund funding mechanism for their organizations.
The third day began with a discussion on the purpose of advocacy, how to develop an advocacy
framework and define advocacy goals in a more specific way. It was followed by a session on
how to mobilize communities, examined in the context of participants’ reallife experiences with
community advocacy for marginalized and criminalized groups. The participants exchanged
stories and learned from each other. One example was the work of the Thai Drug Users Network
(TDUN), which was established in 2002 to promote and provide education on human rights and
harm reduction for people who use drugs. Their work aims to oppose the ‘war on drugs’
approach that hinders the human rights of people who use drugs and to empower drug users in
Thailand through advocacy. Another example was the work of the Asia Pacific Network of People
Living with HIV (APN +), which was established in 1994 in Kuala Lumpur with the secretariat
office in Bangkok. APN+ aims to create a better world for people who are HIV positive, by trying
to reduce stigma and discrimination and improve access to treatment. Their activities include
advocacy and community mobilization, intellectual property rights and access to more affordable
medicines.
CAVEAT | April - May 2013 9
10. Following this, the participants learned more about the opportunities that exist in advocacy
support and technical agencies or UN commissions (e.g. UNAIDS). This day concluded with a
site visit to an NGO that fights for the rights of sex workers, namely the Asia Pacific Network of
Sex Workers (APNSW) in Bangkok. This visit aimed to teach participants about the work done by
the organization, which focuses on using art in advocacy and empowering sex workers through
the handicrafts they make.
On the fourth day of training, the participants discussed how to identify and access targets and
allies in connection with the advocacy plan that they would make. The participants then had the
opportunity to consult with experts to identify the major challenges in writing an advocacy plan.
This discussion continued on the fifth day. It focused on how to evaluate risk and further develop
the advocacy plans that had been made. The participants then had the opportunity to discuss
how to write an abstract for the 2013 International Congress on AIDS in Asia and the Pacific
(ICAAP), which was to take place from 18 to 22 November 2013 in Bangkok.
On the last day of training the participants had to devise an advocacy action plan to be
implemented. They had to consider the possibility of a regional or national level of cooperation
and how to communicate between future participants.
The health and rights advocacy training concluded with a summary of the discussions and an
evaluation of the training to understand what had been done well, what had been achieved and
which areas needed improvements.
The participants then met again to discuss their progress on their advocacy plans in November
2013.
CAVEAT | April - May 2013 10
11. FROM OUR ARCHIVE
AStory ofAldo
Antonius Badar1
Once again, a child from a poor socioeconomic background has become trapped in illicit
narcotic trafficking in Jakarta. In May 2013, a sixteen year old boy named Aldo (not his real
name) appeared before the Central Jakarta District Court. Aldo was a student in Taman Siswa
Senior High School when he was arrested by the police for his alleged involvement in drug
trafficking. LBH Masyarakat represented Aldo throughout the trial process because of his age
and the fact that he comes from a poor family. In addition, the allegation seemed unclear
because Aldo was tricked in a situation that made him have to face the legal process. The
prosecutor demanded two years imprisonment for Aldo. The judges found Aldo to be guilty but
returned him to his parents, requiring them to report to the Central Jakarta Correctional Center
once a month for a year.
Aldo Was Subject to Significant Peer Pressure
It is common knowledge that teenagers frequently face peer pressure during adolescence. It
appears that the influence of peers – and the desire to be socially accepted – far exceeds that of
parents, teachers or religion. This influence can, of course, be positive or negative. According to
the American Academy of Child and Adolescent Psychiatry, the majority of teens with substance
abuse problems began using drugs or alcohol as a result of peer pressure. It is clear that peer
pressure played a significant role in Aldo’s case.
Aldo was regarded in his neighborhood and school as a polite, wellbehaved person. He was not
a troublecauser, so his arrest came as a surprise to the community. Aldo’s parents divorced
when he was in elementary school and, due to the lack of harmonization in his family, Aldo
tended to spend much of his time out of the house. He regularly went to an internet café with
friends after school. This group included seniors who had already graduated from Taman Siswa
Senior High School and who lived in the area.
As a junior at his school, Aldo was keen to earn the respect and friendship of the more senior
students. This made him particularly vulnerable to pressure exerted by the older students to
engage in risky behaviour. This issue of peer pressure is in line with the research carried out by
the Central Jakarta Correctional Center as part of their recommendation to the judges. They
were of the view that Aldo’s parents were able to take care of him well but the older students
were a negative influence, encouraging Aldo to participate in illegal activities. The Correctional
Center also said that Aldo is an emotionally unstable kid – which means, he could be affected by
anything.
1Antonius Badar is Case Advocacy Coordinator of Lembaga Bantuan Hukum Masyarakat
(LBH Masyarakat)
CAVEAT | April - May 2013 11
12. As a junior at his school, Aldo was keen to earn the respect and friendship of the more senior
students. This made him particularly vulnerable to pressure exerted by the older students to
engage in risky behaviour. This issue of peer pressure is in line with the research carried out by
the Central Jakarta Correctional Center as part of their recommendation to the judges. They
were of the view that Aldo’s parents were able to take care of him well but the older students
were a negative influence, encouraging Aldo to participate in illegal activities. The Correctional
Center also said that Aldo is an emotionally unstable kid – which means, he could be affected by
anything.
Aldo Returned the Marijuana to its Owner
In this case, Aldo was influenced by his friend Reza to keep marijuana. Reza is 20 years old and
a former student at Aldo’s school. The two knew each other well from spending time together at
the internet café. As an alumnus, Reza had a great deal of power at school. One day, Reza
asked Aldo to temporarily keep a small plastic bag of marijuana for him. As Aldo lived near the
Taman Siswa Senior High School, Reza would easily be able to find him. Aldo was unwilling to
take the marijuana, but was persuaded by Reza who promised that he would take it back.
On 16 March 2013 Aldo attempted to return the marijuana to Reza. They made an appointment
to meet at 4pm in Menteng. Eager to not disappoint Reza (and to return the marijuana as soon
as possible), Aldo arrived first. Reza arrived with his friend Saefruloh and went to talk to Aldo in
private. They were unaware that three local residents were observing their movements. After
returning the marijuana to Reza, two guys suddenly grabbed Aldo and another tried to seize
Reza. Reza threw the marijuana in a ditch and managed to escape. Aldo and Saefruloh were
taken to the police office but Saefruloh was released because of his lack of knowledge of the
incident.
At the Matraman Police Office, Aldo was interrogated and arrested, as he was the only person
who knew about the drugs. Based on the results of the police laboratory examination, the packet
contained less than 10 grams of marijuana. He was charged with possession of the marijuana, to
be heard at the Central Jakarta District Court.
The Hearing Was Not Aimed to Acquit Aldo, But to Give Deterrence
As his lawyer, LBH Masyarakat worked to assist Aldo during the legal process in order to ensure
that the hearing was conducted fairly as mandated by the Law on Juvenile Justice. However,
ensuring that the best interests of the child are prioritized is one of the biggest challenges in
these types of cases. There were two targets we wanted to achieve to fulfill Aldo’s best interests
in this case. Firstly, LBH Masyarakat asked for bail in order to avoid Aldo dropping out of school.
Secondly, we argued for an appropriate and effective form of punishment that would not involve
time in prison.
Sometimes the ability to act in the best interests of children is hampered by the limited period of
investigation. Until a final decision is reached by the court, children and adults who have
committed a criminal offence face a different legal process. For juveniles, the maximum period of
remand in police custody is twenty days and it can be extended by a maximum of ten days. At
the prosecution level, it is a maximum of ten days, and can be extended by up to fifteen days. At
the court hearing, they have up to fifteen days, which can be extended for a maximum of thirty
days.
CAVEAT | April - May 2013 12
13. Another thing that might infringe the best interests of juvenile offenders is the large number of
cases handled by the police, prosecutor and judges. With the huge number of cases they
manage, they could forget to prioritize and expedite juvenile cases. What happens in practice is
usually that juvenile cases are ignored and, as a result, their right to a speedy resolution of their
trial is infringed.
LBH Masyarakat tried to get bail for Aldo so he could continue his schooling. However, it failed
because of the limited period of detention. Article 45 Law No. 3/1997 about Juvenile Justice
states that: “Basically arrests can be made for the purpose of examination, but the detention of
children must also consider the interests of the child relating to his/her growth and development,
including the physical, mental, and social interests of the child and society.” Thus, LBH
Masyarakat believes that the legal process can run in parallel with Aldo’s schooling. The police
refused to grant bail because they argued that Aldo’s dossier of the case was already finished
and would be given to the prosecutor soon. If they granted bail, it would be a waste of time
because he would be arrested again when his dossier was sent to the prosecutor. The same
reason was given by the prosecutor until the hearing was held and because of that Aldo
remained in detention and could not continue his study until the end of the legal process.
However, LBH Masyarakat continued to work for Aldo’s best interests during the hearing and in
trying to obtain the ideal court decision.
During the hearing, LBH Masyarakat focused on proving that Aldo’s involvement in this case was
a result of pressure exerted by his friends. LBH Masyarakat also requested that the judge
consider the best interests of the child and not send Aldo to prison. Finally, LBH Masyarakat
succeeded in convincing the judge. The judge decided to return Aldo to his parents on the
condition that they report to the Central Jakarta Correctional Center once a month for a year.
Basically, sanctions that can be imposed on children are no different than other criminal cases.
However, the Law on Juvenile Justice provides additional possible sanctions such as the
deprivation of certain goods or payment of compensation; or an action returning the child to their
parents or to the state or social affairs ministry for education and job training. Another important
outcome is that Aldo can continue his study because he shall not be imprisoned.
CAVEAT | April - May 2013 13
14. A LETTER
F R O M
J E M B E R
To Bribe or Not to Bribe
Dhoho Ali Sastro1
Judicial corruption does not seem to pick and choose where it will occur. It can happen in big
cities like Jakarta or a small city like Jember in the province of East Java. People may find it
difficult to prove that judicial corruption exists, but one can feel that it is there.
Every time we advise our clients, we tell them not to bribe or get involved in any kind of judicial
corruption. But often they do not listen. While our clients are detained, they meet with other
detainees who tell them stories that corruption can actually work. They hear that bribing judges
may lessen the sentence or perhaps may result in acquittal. Though, of course, there are more
stories that demonstrate otherwise. It is difficult for us to prevent them from engaging in bribery.
Although we always inform them of the consequences of getting caught for bribery, our clients
are often laughed at by other detainees or prisoners if they choose not to bribe and go the legal
way. But this time, we have managed to show that bribing fails.
On a recent visit to a prison in Jember I met four teenagers in one of the blocks for juveniles. A
television which was screening a film was turned off so we could have an undisturbed
conversation. We all sat on the floor. These four teenagers had all been involved in the same
crime, although they had vastly different appearances. Robert, the selfconfessed mastermind of
the theft, was of average height like other junior high school students. Sporting tattoos on both
arms and a hardened manner of speaking, it was difficult to believe that this was his first crime.
Roger, another suspect, had darker skin and a big scar between his right eye and nose,
obliterating almost half of his right eyebrow. He claimed to have had the scar from birth, not from
any recent trouble.
1Dhoho Ali Sastro is Director of LBH Masyarakat Jember Office
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15. Ian was the smallest of the four. He was not even fifteen. Although he is in the second year of
junior high he did not go to school at all last year. “I will not expel him because I have my
personal debt to his father,” said the principal without further explaining what this might be.
“Other teachers are against my decision,” he added. Ian looked skinny but his eyes were sharp
and he spoke as if he was not scared of anything.
Thomas, the fourth teenager, looked different too. He was larger than the others, and moved
more slowly.
All of the youths admitted that they had committed theft on a hill near their houses. “That hill is
rather quiet and often used for couples to just hang out. We went up there and met these two
people who were on a date. And we just asked them for money. Thomas was pointing the knife
at them,” said Ian smoothly. “It was Robert’s idea and the knife belongs to Roger,” he added
without me asking. I then asked him: “So what did you do?” “I was waiting on our motorbike. It
was burnt by the people who caught us Sir,” Ian said.
Their act indeed caused mass outrage in the community. People were angry because they
thought that the four teenagers were the ones who stole motorbikes the day before. “In the police
station we were crossexamined with the owner of that bike. He said it was not us who stole his
bike,” Ian said firmly.
“This is all my fault Sir. I was the one who asked them to get involved,” Robert said with a
gesture that he was willing to take all the responsibility. Our conversation that afternoon went
well. They were all able to answer my questions smoothly as if they had preprepared their
answers. There was no fear or regret on their faces.
“How about the trial. Are you guys ready for it?” I asked them. “Well, I guess we just have to face
it, right Sir?” Ian replied.
“So you guys are not afraid of the punishment?” “No Sir.”
The bribery
The hearing was held a few weeks later and the teenagers attended court with their families.
Since we monitored their cases, we always advised them not to bribe the police, prosecutors or
judges. We informed their families of this as well. We warned them that if they get caught bribing
officials within the law apparatus, they are likely to receive a harsher sentence.
Despite this, one of the fathers calmly told us during the hearing, “I have given two million rupiah
to the guy from prosecutor’s office. That’s for, you know, just thanking him for his ‘support’ to my
son in prison. And also it’s for the transportation fee. I think that’s alright.” We were shocked. We
were terribly surprised. This shows that bribery is incredibly commonplace in society and is
believed to result in lighter sentences. “You don’t need to take care of them anymore Sir. I think
we’re going to be fine,” he added.
At the next hearing, nothing had changed. The young people did not show any fear when facing
the trial. They did not seem to care about anything as if they knew that they were guaranteed to
get a lenient sentence. They did not even spend time preparing a defense note. “You need to
make your defense.
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16. It will be helpful for you to show the judge why you committed the crime and that you regret it,”
one of the volunteers at the LBH Masyarakat Jember Office explained. However, after the
prosecutor delivered the demand letter, the teenagers did not submit anything to the judge.
Even though they had not prepared anything, the judge adjourned the hearing for the following
week so they could submit their defense note. This was odd because usually after the demand
letter has been read by the prosecutor, the judge will immediately question the defendant and
consider their statement as a defense note rather than adjourning the hearing to hear the
defendant’s defense note. In this case, the judge adjourned the hearing for one week. But, even
though they were given that opportunity, the teenagers once again failed to prepare a statement.
They only said before the judges that they asked for lenient sentences and that they felt
remorse. After that the hearing was adjourned for the judge to deliver the verdict. This is another
odd practice.
When the judgment was delivered, the result was surprising. The judge sentenced them to
sentences equivalent to those demanded by the prosecutor. The only difference was the
reduction of fifteen days for the two teenagers who were still at school. The parents were angry
and disappointed. It turned out that after the demand letter was read, there was an attempt to
‘buy’ the judgment but they could not reach an agreement. “Initially, it was two million rupiah per
person, but then they lowered the price to one million per person. But we don’t have any money
left,” said one of the parents.
But now the judgment has been made, and it is final and binding as the families did not attempt
to appeal. What this case shows us is that the trial has lost its meaning. It is no longer a means
for people to acknowledge their fault and to take responsibility for it by undertaking the judgment.
Instead, it has become a place where people trade their freedom. Because people are so
convinced that they can buy their freedom, they do not take the opportunity to seriously express
remorse. They hope that money can help them avoid the consequences of committing a crime.
But the truth speaks differently, and that remorse comes later. “I wish we hadn’t paid them from
the beginning, I am sure the situation would have ended differently,” one of the parents closed
our conversation with that day.
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