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 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.”
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.”
Human Rights Case study Report article.odt.RevisedElvis Lemiso
The document summarizes instances of government suppression in Kenya between October 2015 and January 2016. It discusses how the government passed laws to limit media freedom and crack down on critical reporting. It also describes how civil society groups and NGOs faced harassment, arrests of journalists and activists for their work. The deregistration of over 900 NGOs in October 2015 is presented as another tactic used by the government to suppress dissent and civic participation. Overall, the document argues that these actions by the government violate constitutional protections of freedom of expression and association.
The document summarizes a research paper on responsible journalism and the Indian Constitution. It discusses two key issues - sting operations and their impact on the right to privacy, and media trials and their impact on the right to a free and fair trial. Regarding sting operations, it notes the tension between press freedom and privacy rights. For media trials, it discusses how pre-trial media coverage can bias trials and influence judges, citing cases from India and other countries. The paper aims to critically analyze relevant constitutional provisions and case laws on these issues.
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.
11.0006www.iiste.org call for paper.[41-47]role of right to information act 2...Alexander Decker
This document provides an overview of the Right to Information Act 2005 in India. It discusses how access to information is important for democracy and accountability. It outlines how the Indian judiciary has recognized a fundamental right to information. It also summarizes the key events that led to the passage of the Right to Information Act in 2005, including grassroots movements that highlighted the need for transparency. However, it notes that corruption levels still remain high, showing that implementation of the Act needs improvement.
Indonesia still restricts freedom of speech through certain legislation. Several individuals remain imprisoned for peaceful political or independence activism, including Muhammad Nazar who was sentenced to 5 years for his pro-independence work in Aceh. While many restrictive laws were removed after Suharto's resignation, others like those against "insulting" officials remain and have been used to imprison activists. Defamation laws are also still broadly applied in ways that shield public officials from criticism and investigation of complaints, threatening free speech.
Abstract- This study aims to describe sybercrime cases that have the potential to become criminal acts on social media that are closely related to
the ITE Law. The aim is to find out what actions have the potential to violate the ITe Law carried out on social media which are included in
cybercrime behavior. In addition, the author examines the effectiveness of this law in resolving criminal cases that occur on the internet, which
is so complex and has various modes. The method used in this research is qualitative by conducting a literature study. As a result, the
researchers found that the types of cyber crimes varied, ranging from hecking, spreading hoaxes, defamation, hate speech, and cases of
spreading pornography/immoral acts. Furthermore, this study observes that the ITE Law which is used as a legal instrument is still inadequate
considering the complexity of the problems that occur in cybercrime and modes of crime that accompany it.
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.”
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.”
Human Rights Case study Report article.odt.RevisedElvis Lemiso
The document summarizes instances of government suppression in Kenya between October 2015 and January 2016. It discusses how the government passed laws to limit media freedom and crack down on critical reporting. It also describes how civil society groups and NGOs faced harassment, arrests of journalists and activists for their work. The deregistration of over 900 NGOs in October 2015 is presented as another tactic used by the government to suppress dissent and civic participation. Overall, the document argues that these actions by the government violate constitutional protections of freedom of expression and association.
The document summarizes a research paper on responsible journalism and the Indian Constitution. It discusses two key issues - sting operations and their impact on the right to privacy, and media trials and their impact on the right to a free and fair trial. Regarding sting operations, it notes the tension between press freedom and privacy rights. For media trials, it discusses how pre-trial media coverage can bias trials and influence judges, citing cases from India and other countries. The paper aims to critically analyze relevant constitutional provisions and case laws on these issues.
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.
11.0006www.iiste.org call for paper.[41-47]role of right to information act 2...Alexander Decker
This document provides an overview of the Right to Information Act 2005 in India. It discusses how access to information is important for democracy and accountability. It outlines how the Indian judiciary has recognized a fundamental right to information. It also summarizes the key events that led to the passage of the Right to Information Act in 2005, including grassroots movements that highlighted the need for transparency. However, it notes that corruption levels still remain high, showing that implementation of the Act needs improvement.
Indonesia still restricts freedom of speech through certain legislation. Several individuals remain imprisoned for peaceful political or independence activism, including Muhammad Nazar who was sentenced to 5 years for his pro-independence work in Aceh. While many restrictive laws were removed after Suharto's resignation, others like those against "insulting" officials remain and have been used to imprison activists. Defamation laws are also still broadly applied in ways that shield public officials from criticism and investigation of complaints, threatening free speech.
Abstract- This study aims to describe sybercrime cases that have the potential to become criminal acts on social media that are closely related to
the ITE Law. The aim is to find out what actions have the potential to violate the ITe Law carried out on social media which are included in
cybercrime behavior. In addition, the author examines the effectiveness of this law in resolving criminal cases that occur on the internet, which
is so complex and has various modes. The method used in this research is qualitative by conducting a literature study. As a result, the
researchers found that the types of cyber crimes varied, ranging from hecking, spreading hoaxes, defamation, hate speech, and cases of
spreading pornography/immoral acts. Furthermore, this study observes that the ITE Law which is used as a legal instrument is still inadequate
considering the complexity of the problems that occur in cybercrime and modes of crime that accompany it.
11.role of right to information act 2005www.iiste.org call for paper in the h...Alexander Decker
This document discusses the Right to Information Act 2005 in India and its role in human development. Some key points:
- The Act aims to ensure transparency and accountability in government by giving citizens the right to access government-held information. It recognizes that access to information is essential for a functioning democracy.
- The Act provides a statutory framework for the fundamental right to information, which is part of the constitutional right to free speech. It lays out procedures for citizens to request and access information from public authorities.
- Some restrictions apply to information regarding national security, law enforcement, and private individuals' privacy. However, most government information should be disclosed unless it meets a specific exemption.
- The Indian judiciary has
The document discusses the concept of privacy and how it has evolved over time. It notes that American jurist Louis Brandeis was a pioneering advocate for the legal right to privacy in the late 19th century. Brandeis argued that recent inventions threatened individual privacy unless new laws were developed. The document also discusses the ongoing debate in the Indian Supreme Court regarding the mandatory linking of Aadhaar cards with tax returns and whether this violates privacy rights. It provides arguments from both sides of the issue and notes that the debate examines the relationship between individuals and the state in the digital era.
The Quest for Democratic Sustenance in Nigeria: Role of the Police Forceiosrjce
Within the framework elite theory, the paper critically examined the place of Nigeria police in the
sustenance of democracy. The paper submits that no matter the level of investment and commitment into
democracy, its future definitely can only be bright if state institutions such as the police are constantly involved
in activities that protect democratic order. Given the catalog of challenges facing the police force, some steps
such as: effective and special training in the area of human right, rule of law, the role of police in electoral
process, removal of police attachment to politicians and political parties, employment of best practices in
recruitment, attitudinal change and orientation of the members of the police force, should be taken in order to
enhance the activities of the Nigeria police force towards democratization in Nigeria with a view of the
oncoming 2015 general election.
The Struggle for Digital Democracy in IndonesiaDamar Juniarto
This document summarizes the landscape of internet freedom of expression in Southeast Asia. It discusses the work of the Southeast Asia Freedom of Expression Network (SAFENET) in monitoring threats to online freedom of speech across Southeast Asia and supporting bloggers and online activists. It also outlines some of the key regulations around internet use in Indonesia, including laws governing cyber crimes, online censorship, and mechanisms for blocking websites deemed to contain negative content.
This document contains details about a national seminar on emerging trends in intellectual property rights (IPR) law held by Amity University. It includes an abstract submitted by a participant discussing the effect of IPR regimes on the pharmaceutical industries of India and other countries. The abstract notes that strong IPR protection benefits pharmaceutical companies by allowing monopoly pricing of drugs, but makes medicines unaffordable for many. It also discusses India's role as a major supplier of generic drugs to developing nations and the impact of compulsory licensing on drug availability and costs.
Freedom of expression & censorship in thailandgcanavati
This document summarizes IFEC's findings on freedom of expression and censorship in Thailand. It notes that Thailand has harsh censorship laws that have led to accusations of human rights violations. After a 2006 coup, censorship increased, especially online, due to criticism of the king. New laws like the Computer Crime Act of 2007 and stricter enforcement of lèse-majesté further restricted expression. The document analyzes several cases where individuals received long prison sentences for insulting the royal family. It concludes by urging Thailand to reform its laws to comply with international standards and protect freedom of expression.
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 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.
This document provides detailed methods and assumptions used to estimate the annual cost of implementing HIV programs under a proposed new investment framework. The framework aims to achieve universal access to HIV treatment, care, and support by 2015 through scaling up a small number of basic program activities to reach key populations, implementing critical interventions to create an enabling environment, and supporting related health and development efforts. Costing methods and projections are described for treatment, prevention of mother-to-child transmission, harm reduction for injecting drug users, behavior change programs, and other components.
This document summarizes key findings from recent literature reviews on community mobilization in the context of the UNAIDS Investment Framework. It finds that community mobilization is a crucial enabler for improving HIV program uptake and promoting local advocacy. Specifically, it discusses how community-based organizations are uniquely positioned to address scale-up of HIV services. It also outlines several themes around the importance of community involvement, including that communities best understand their own needs, people living with HIV play a special role, and peer groups are a powerful mobilization approach.
Caveat - Volume April-May 2013 - LBH MasyarakatLBH Masyarakat
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 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.
The document discusses freedom of expression and digital rights in Indonesia. It outlines how the government blocks websites through the TRUST+ database for content like pornography, but also inadvertently blocks other sites. It describes how civil society organizations (CSOs) in Indonesia advocate for digital rights and freedom of expression through legal advocacy, public awareness campaigns, and multi-stakeholder participation in internet governance. Specifically, it lists 10 current cases where individuals have faced legal issues for criticizing the government or reporting corruption online.
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.
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.
A Case Study On Facebook Data Theft In IndonesiaHeather Strinden
This document summarizes a case study on the theft of Facebook user data in Indonesia. It discusses how in 2013, a Cambridge University researcher created a personality quiz app that obtained data from 300,000 Facebook users and some of their friends' data as well. In 2015, Facebook learned the researcher had shared the data with Cambridge Analytica without deleting it as promised. This impacted around 87 million Facebook users globally, including over 1 million Indonesian users. The document examines Indonesian privacy regulations and experts' opinions on the incident. It finds that while Indonesia's privacy laws are sufficient, the government needs to take stronger action to protect citizens' data and educate people on digital privacy issues.
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’.
Caveat - VOLUME 03/I, AUGUST 2009 - LBH MasyarakatLBH Masyarakat
Ever since two near-simultaneous explosions struck hotels in Jakarta mid-July, Indonesia has been at odds over how to best execute counterterrorism measures. While nobody can question the necessity for comprehensive and effective prevention mechanisms – and requirement for severe
punishment for those responsible – the actions of the Indonesian military, police force and government have made us question the cost of freedom. Local human rights groups have criticized the counterterrorism actions of the government as being excessive and disproportionate,
and highlighted the threat posed to our own civil rights as the crackdown on terrorism continues unchallenged.
Several recent cases, including the arrest of Muhammad Jibril and the Temanggung siege, have brought into question the State’s commitment to protect human rights throughout its counterterrorism activities. In the case of Jibril, a terrorist suspect, was he kidnapped by the police or was he legally
arrested, and what implications does his suspension of rights have on justice for all?
The case of the raid in Central Java, which involved an 18 hour siege, shootout and deaths carried out by police’s crack counterterrorist squad, was filmed live on air and created superfluous hysteria. In this atmosphere of redemption and fear, it is very easy for the public to wrongly justify the arbitrary arrest, detention, and – as some high-profile cases have shown, torture – of people suspected of being linked to terrorism.
In August, Indonesia hosted the 9th International Congress on AIDS in Asia and the Pacific (ICAAP IX). In Indonesia, people living with HIV/AIDS (PLHAs) have for too long stigmatized and discriminated for their illness. The Indonesian National AIDS Commission (KPAN) has to play a more active role in ensuring that not just AIDS is
reduced, but beyond that that PLHAs will no longer be stigmatized and discriminated against. A human rights based-approach in its National Strategy would be a good
starting point for combating HIV/AIDS and the human rights violations which surround it.
The last section of this month’s CAVEAT draws on the experience of our organization to examine the issue of torture through a law and economic perspective. In his article entitled, “Torture and Bribery Codependent in Indonesia,” Ricky Gunawan argues that paying bribes neither ends a victim’s suffering nor decreases the likelihood of attack. Rather, bribes simply institutionalize
the practice of torture. The State needs to show it takes torture seriously by criminalizing torture, so both victims and their families feel the need to speak out about their suffering and break the cycle.
Caveat - VOLUME 05/I, OCTOBER 2009 - LBH MasyarakatLBH Masyarakat
Access to justice has been recognized as essential to
supporting and empowering disadvantaged people and the ability to access justice enables lower-socio economic sectors to address and counter inherent biases in society thereby creating a more democratic system of governance. However, reality speaks differently.
Sudarman lost his hopes and goals in life when his home was destroyed. “My belongings meant nothing to me. It was only Rp 5 millions, but that money was my hard earned cash. I had planned to build a house in Solo but now it’s gone there’s nothing left. That eviction has crushed my dream,” he said. He submitted a civil lawsuit against the
Jakarta government in the West Jakarta District Court in August, but there has been no clear resolution as no defendants have appeared before the court. Sudarman’s
situation is far from unique in this country. His circumstances raise serious questions about accessibility to justice for the disadvantaged in Indonesia. Where does the onus lie to compensate his sufferings and losses?
The additional feature in this CAVEAT tells of the dire starvation in the Yahukimo region in Papua. This article is a
collaboration by LBH Masyarakat and the Asian Human Rights Commission. The Indonesian Social Services Christian Foundation (YAKPESMI) claims that 113 people have died from starvation in the region this year. It is vital that the government recognizes the need to not only provide food subsidies and aid, but to also invest in infrastructure in the area, to improve distribution, and implement longterm
measures to ensure availability and accessibility to adequate food. This concept of adequacy is outlined in an article of the International Covenant of Economic, Social
and Cultural Rights (ICESCR), of which Indonesia is a signatory.
Last but not least, the opinion piece, “Double Standards of Indonesian Police,” written by Answer C. Styannes, explores the ongoing enmity between the Corruption Eradication Commission (KPK) and the National Police. The dispute sparked when the KPK began investigating the national police’s chief detective, Susno Duaji, for allegedly using his power to force Bank Century to unlawfully return a large amount of deposited funds to their owner. In return,
it is alleged, Duaji received Rp 10 billion (US$ 1 million). It is argued that the National Police have acted unprofessionally
in investigating two deputy commissioners
at the KPK. It has been claimed that the
deputies are being persecuted because the
police hope to weaken the commission and
undermined its effective anti-corruption
efforts. Professionalism in the police force is
vital as it is closely related to human rights
enforcement. It is a police obligation to
protect human rights. An unprofessional
police force can impede people’s access to
justice, as it is the only institution with the
authority to handle almost all criminal
cases.
This document discusses the relationship between human rights and combating violent extremism in three key points:
1) Violating human rights undermines efforts to prevent and counter extremism, and can push people towards extremist ideologies. Respecting civil liberties and ensuring justice, prosperity, and equity are important for social harmony.
2) New anti-terrorism laws in Tunisia are controversial because their vague language risks violating rights to freedom of press, fair trials, and movement. The laws should be amended to protect these rights while still allowing authorities to restrict extremists.
3) A balanced approach is needed where governments respect rights to life, fair trials, and expression, while engaging communities and adopting inclusive strategies against
11.role of right to information act 2005www.iiste.org call for paper in the h...Alexander Decker
This document discusses the Right to Information Act 2005 in India and its role in human development. Some key points:
- The Act aims to ensure transparency and accountability in government by giving citizens the right to access government-held information. It recognizes that access to information is essential for a functioning democracy.
- The Act provides a statutory framework for the fundamental right to information, which is part of the constitutional right to free speech. It lays out procedures for citizens to request and access information from public authorities.
- Some restrictions apply to information regarding national security, law enforcement, and private individuals' privacy. However, most government information should be disclosed unless it meets a specific exemption.
- The Indian judiciary has
The document discusses the concept of privacy and how it has evolved over time. It notes that American jurist Louis Brandeis was a pioneering advocate for the legal right to privacy in the late 19th century. Brandeis argued that recent inventions threatened individual privacy unless new laws were developed. The document also discusses the ongoing debate in the Indian Supreme Court regarding the mandatory linking of Aadhaar cards with tax returns and whether this violates privacy rights. It provides arguments from both sides of the issue and notes that the debate examines the relationship between individuals and the state in the digital era.
The Quest for Democratic Sustenance in Nigeria: Role of the Police Forceiosrjce
Within the framework elite theory, the paper critically examined the place of Nigeria police in the
sustenance of democracy. The paper submits that no matter the level of investment and commitment into
democracy, its future definitely can only be bright if state institutions such as the police are constantly involved
in activities that protect democratic order. Given the catalog of challenges facing the police force, some steps
such as: effective and special training in the area of human right, rule of law, the role of police in electoral
process, removal of police attachment to politicians and political parties, employment of best practices in
recruitment, attitudinal change and orientation of the members of the police force, should be taken in order to
enhance the activities of the Nigeria police force towards democratization in Nigeria with a view of the
oncoming 2015 general election.
The Struggle for Digital Democracy in IndonesiaDamar Juniarto
This document summarizes the landscape of internet freedom of expression in Southeast Asia. It discusses the work of the Southeast Asia Freedom of Expression Network (SAFENET) in monitoring threats to online freedom of speech across Southeast Asia and supporting bloggers and online activists. It also outlines some of the key regulations around internet use in Indonesia, including laws governing cyber crimes, online censorship, and mechanisms for blocking websites deemed to contain negative content.
This document contains details about a national seminar on emerging trends in intellectual property rights (IPR) law held by Amity University. It includes an abstract submitted by a participant discussing the effect of IPR regimes on the pharmaceutical industries of India and other countries. The abstract notes that strong IPR protection benefits pharmaceutical companies by allowing monopoly pricing of drugs, but makes medicines unaffordable for many. It also discusses India's role as a major supplier of generic drugs to developing nations and the impact of compulsory licensing on drug availability and costs.
Freedom of expression & censorship in thailandgcanavati
This document summarizes IFEC's findings on freedom of expression and censorship in Thailand. It notes that Thailand has harsh censorship laws that have led to accusations of human rights violations. After a 2006 coup, censorship increased, especially online, due to criticism of the king. New laws like the Computer Crime Act of 2007 and stricter enforcement of lèse-majesté further restricted expression. The document analyzes several cases where individuals received long prison sentences for insulting the royal family. It concludes by urging Thailand to reform its laws to comply with international standards and protect freedom of expression.
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 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.
This document provides detailed methods and assumptions used to estimate the annual cost of implementing HIV programs under a proposed new investment framework. The framework aims to achieve universal access to HIV treatment, care, and support by 2015 through scaling up a small number of basic program activities to reach key populations, implementing critical interventions to create an enabling environment, and supporting related health and development efforts. Costing methods and projections are described for treatment, prevention of mother-to-child transmission, harm reduction for injecting drug users, behavior change programs, and other components.
This document summarizes key findings from recent literature reviews on community mobilization in the context of the UNAIDS Investment Framework. It finds that community mobilization is a crucial enabler for improving HIV program uptake and promoting local advocacy. Specifically, it discusses how community-based organizations are uniquely positioned to address scale-up of HIV services. It also outlines several themes around the importance of community involvement, including that communities best understand their own needs, people living with HIV play a special role, and peer groups are a powerful mobilization approach.
Caveat - Volume April-May 2013 - LBH MasyarakatLBH Masyarakat
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 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.
The document discusses freedom of expression and digital rights in Indonesia. It outlines how the government blocks websites through the TRUST+ database for content like pornography, but also inadvertently blocks other sites. It describes how civil society organizations (CSOs) in Indonesia advocate for digital rights and freedom of expression through legal advocacy, public awareness campaigns, and multi-stakeholder participation in internet governance. Specifically, it lists 10 current cases where individuals have faced legal issues for criticizing the government or reporting corruption online.
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.
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.
A Case Study On Facebook Data Theft In IndonesiaHeather Strinden
This document summarizes a case study on the theft of Facebook user data in Indonesia. It discusses how in 2013, a Cambridge University researcher created a personality quiz app that obtained data from 300,000 Facebook users and some of their friends' data as well. In 2015, Facebook learned the researcher had shared the data with Cambridge Analytica without deleting it as promised. This impacted around 87 million Facebook users globally, including over 1 million Indonesian users. The document examines Indonesian privacy regulations and experts' opinions on the incident. It finds that while Indonesia's privacy laws are sufficient, the government needs to take stronger action to protect citizens' data and educate people on digital privacy issues.
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’.
Caveat - VOLUME 03/I, AUGUST 2009 - LBH MasyarakatLBH Masyarakat
Ever since two near-simultaneous explosions struck hotels in Jakarta mid-July, Indonesia has been at odds over how to best execute counterterrorism measures. While nobody can question the necessity for comprehensive and effective prevention mechanisms – and requirement for severe
punishment for those responsible – the actions of the Indonesian military, police force and government have made us question the cost of freedom. Local human rights groups have criticized the counterterrorism actions of the government as being excessive and disproportionate,
and highlighted the threat posed to our own civil rights as the crackdown on terrorism continues unchallenged.
Several recent cases, including the arrest of Muhammad Jibril and the Temanggung siege, have brought into question the State’s commitment to protect human rights throughout its counterterrorism activities. In the case of Jibril, a terrorist suspect, was he kidnapped by the police or was he legally
arrested, and what implications does his suspension of rights have on justice for all?
The case of the raid in Central Java, which involved an 18 hour siege, shootout and deaths carried out by police’s crack counterterrorist squad, was filmed live on air and created superfluous hysteria. In this atmosphere of redemption and fear, it is very easy for the public to wrongly justify the arbitrary arrest, detention, and – as some high-profile cases have shown, torture – of people suspected of being linked to terrorism.
In August, Indonesia hosted the 9th International Congress on AIDS in Asia and the Pacific (ICAAP IX). In Indonesia, people living with HIV/AIDS (PLHAs) have for too long stigmatized and discriminated for their illness. The Indonesian National AIDS Commission (KPAN) has to play a more active role in ensuring that not just AIDS is
reduced, but beyond that that PLHAs will no longer be stigmatized and discriminated against. A human rights based-approach in its National Strategy would be a good
starting point for combating HIV/AIDS and the human rights violations which surround it.
The last section of this month’s CAVEAT draws on the experience of our organization to examine the issue of torture through a law and economic perspective. In his article entitled, “Torture and Bribery Codependent in Indonesia,” Ricky Gunawan argues that paying bribes neither ends a victim’s suffering nor decreases the likelihood of attack. Rather, bribes simply institutionalize
the practice of torture. The State needs to show it takes torture seriously by criminalizing torture, so both victims and their families feel the need to speak out about their suffering and break the cycle.
Caveat - VOLUME 05/I, OCTOBER 2009 - LBH MasyarakatLBH Masyarakat
Access to justice has been recognized as essential to
supporting and empowering disadvantaged people and the ability to access justice enables lower-socio economic sectors to address and counter inherent biases in society thereby creating a more democratic system of governance. However, reality speaks differently.
Sudarman lost his hopes and goals in life when his home was destroyed. “My belongings meant nothing to me. It was only Rp 5 millions, but that money was my hard earned cash. I had planned to build a house in Solo but now it’s gone there’s nothing left. That eviction has crushed my dream,” he said. He submitted a civil lawsuit against the
Jakarta government in the West Jakarta District Court in August, but there has been no clear resolution as no defendants have appeared before the court. Sudarman’s
situation is far from unique in this country. His circumstances raise serious questions about accessibility to justice for the disadvantaged in Indonesia. Where does the onus lie to compensate his sufferings and losses?
The additional feature in this CAVEAT tells of the dire starvation in the Yahukimo region in Papua. This article is a
collaboration by LBH Masyarakat and the Asian Human Rights Commission. The Indonesian Social Services Christian Foundation (YAKPESMI) claims that 113 people have died from starvation in the region this year. It is vital that the government recognizes the need to not only provide food subsidies and aid, but to also invest in infrastructure in the area, to improve distribution, and implement longterm
measures to ensure availability and accessibility to adequate food. This concept of adequacy is outlined in an article of the International Covenant of Economic, Social
and Cultural Rights (ICESCR), of which Indonesia is a signatory.
Last but not least, the opinion piece, “Double Standards of Indonesian Police,” written by Answer C. Styannes, explores the ongoing enmity between the Corruption Eradication Commission (KPK) and the National Police. The dispute sparked when the KPK began investigating the national police’s chief detective, Susno Duaji, for allegedly using his power to force Bank Century to unlawfully return a large amount of deposited funds to their owner. In return,
it is alleged, Duaji received Rp 10 billion (US$ 1 million). It is argued that the National Police have acted unprofessionally
in investigating two deputy commissioners
at the KPK. It has been claimed that the
deputies are being persecuted because the
police hope to weaken the commission and
undermined its effective anti-corruption
efforts. Professionalism in the police force is
vital as it is closely related to human rights
enforcement. It is a police obligation to
protect human rights. An unprofessional
police force can impede people’s access to
justice, as it is the only institution with the
authority to handle almost all criminal
cases.
This document discusses the relationship between human rights and combating violent extremism in three key points:
1) Violating human rights undermines efforts to prevent and counter extremism, and can push people towards extremist ideologies. Respecting civil liberties and ensuring justice, prosperity, and equity are important for social harmony.
2) New anti-terrorism laws in Tunisia are controversial because their vague language risks violating rights to freedom of press, fair trials, and movement. The laws should be amended to protect these rights while still allowing authorities to restrict extremists.
3) A balanced approach is needed where governments respect rights to life, fair trials, and expression, while engaging communities and adopting inclusive strategies against
The document discusses human rights in India, including:
1) India's constitution enshrines fundamental rights for all citizens regardless of attributes and the country recognizes universal human rights.
2) However, violations of human rights continue in many parts of India, including extrajudicial killings, communal violence, conflicts involving Maoist insurgents, and restrictions on freedom of expression and civil society.
3) While India has established institutions like the National Human Rights Commission to protect rights, effective implementation and accountability remain challenges as impunity persists for abuses committed by state security forces and non-state actors.
Judges and lawyers in courts are struggling to dispense justice as COVID-19 fears increase. Courts are reducing benches, curtailing crowds, and only listing urgent matters. The article also discusses the Supreme Court Annual Report and analyses citizenship in India through a special supplement tracing its history and examining its legal position.
Caveat - VOLUME 04/I, SEPTEMBER 2009 - LBH MasyarakatLBH Masyarakat
With the current House of Representatives nearing the end of its working term, and the deadline for passing certain crucial bills on the horizon, this edition focuses on the downfalls of the ongoing deliberation process and the key
concerns we have with some of the key legislation. The main report will examined the problems with rushing unfinished bills through parliament, including the impact of
ignoring public concerns surrounding the law making process. Three bills passed into Indonesian law this
month are given special attention in the main report. Despite widespread condemnation from many civil society
groups, the laws on Narcotics, Health and Films were swept into law with a resounding vote of support. In the Narcotics and Health bills in particular, religious and
moral values were drawn upon to justify some of the more controversial measures, sidelining human rights concerns and respect for democracy and the rule of law.
We hope this trend of rushing through controversial laws without adequate deliberation or consideration of public
concerns is not one that continues in the upcoming House. Indonesia’s core values of pluralism and democracy could be in jeopardy otherwise.
Two draft laws still being considered – the law on the Corruption Court and the State Secrecy Bill – are thankfully still being run through the legislative process. In this case,
the government has answered the public appeal for these crucial laws to face tougher questioning to iron out any kinks, a move we strongly agree with.
The additional feature looks at the legislation process again, this time closely examining the Draft Law on Legal Aid. As a legal aid institute, this bill – if passed – will
significantly impact on our operations and potentially threaten some of the initiatives we have launched nationwide. In particular, LBH Masyarakat has identified four aspects of this draft law that demand further investigation: the focus of the legislation itself, the definition of who or what is a legal aid provider and also a legal aid recipient, and the scope of legal aid overall. We are
still urging the House to address our concerns regarding these particular elements of this bill.
The final article is an opinion piece titled “Counterterrorism must not flout human rights”. In this article, Ricky Gunawan
reiterates LBH Masyarakat’s call to respect human rights even in the fight against terrorism, as discussed in last month’s CAVEAT. The piece examines the revelations of alleged CIA torture against terrorism detainees in the United States and places it in the context of Indonesia.
This document discusses the objectives of analyzing the conflict between press freedom and fair trial rights, with a focus on the doctrine of presumption of innocence. It aims to examine laws in the UK governing media publications, evaluate the current situation in Bangladesh, and identify loopholes. The document provides background on media influence on crime perception and judicial systems. It outlines protections for free speech and fair trials in UK law, and recent cases of juror misconduct due to social media use. It notes Bangladesh law asserts these rights generally but lacks extensive guidelines, monitoring, or remedies related to media influences on trials.
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.
Its not easy being a journalist. Especially in my home country, Kenya. There are constant challenges around the profession, which highlights the effects of press freedom around the world.
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.
This document summarizes the legal norms governing media trials in India. It discusses how the freedom of press is protected under Article 19 of the Indian Constitution but is also subject to reasonable restrictions. It outlines how the Contempt of Court Act protects pre-trial media coverage from contempt charges as long as it does not interfere with pending legal proceedings. However, extensive media coverage can still impact the fairness of trials and influence public perceptions of guilt. The document analyzes these issues through examples like the Arushi Talwar and Afzal Guru cases to argue that media trials can undermine the judicial process rather than support democracy.
Navigating Indonesia's Information HighwayICT Watch
This document provides an overview of internet freedom standards and issues related to regulating online content in Indonesia. It discusses how Indonesia has made progress on freedom of expression since 1998 but also increased attempts to crack down on internet freedoms. Laws around pornography, defamation, blasphemy and a pending cybercrime bill threaten online speech. The report examines internet filtering, access issues, and recommends legal reforms to bring laws in line with international standards on freedom of expression.
The key points from the document are:
1) The pre-event of IGF 2013 in Bali attracted a large audience to discuss important issues regarding internet governance. High level leaders called for greater international collaboration on cyber ethics and laws to ensure a safe and secure cyberspace.
2) Civil society organizations emphasized the need to protect human rights both online and offline. There were discussions around how social media can be used strategically by CSOs for advocacy and social movements.
3) The Indonesia Minister of Communication said at a press conference that the government will continue efforts to block pornography and online gambling sites, while ensuring internet laws balance security with freedom of expression. He hopes IGF 2013 will facilitate discussions
DEFAMATION IN SOCIAL MEDIA (CYBER DEFAMATION) LEGAL PERSPECTIVE IN TANZANIABenedict Ishabakaki
This quarter Victory attorney & Consultants, we provide an overview of the cyber defamation in Tanzania, the legal perspective, remedy available and our recommendations
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Tiga Hari Terakhir Bersama Rodrigo Gularte - Christina WLBH Masyarakat
Tiga hari terakhir bersama Rodrigo Gularte, narapidana asal Brasil yang menderita gangguan jiwa dan divonis hukuman mati. Tim pengacara dan keluarga berusaha mencegah eksekusi dengan berbagai upaya hukum, namun pada akhirnya Rodrigo menerima pemberitahuan eksekusi yang akan dilaksanakan dalam waktu tiga hari.
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
Organisasi masyarakat mengajukan keberatan terhadap iklan kampanye BNN mengenai pengenalan pengguna narkoba karena informasinya tidak berdasar ilmiah dan berpotensi menimbulkan stigma. Iklan tersebut memberikan ciri-ciri fisik umum dan tidak akurat untuk mengidentifikasi pengguna narkoba, serta menyatakan keturunan sebagai faktor risiko tanpa bukti konklusif. Organisasi tersebut meminta BNN mencabut iklan dan
UU Narkotika mengatur tentang pengaturan dan pengendalian narkotika di Indonesia. UU ini terdiri dari 155 pasal dan memiliki 32 peraturan pelaksanaan. UU ini memperluas definisi penyalahguna dan pecandu narkotika, serta menambahkan tujuan baru mengenai pengaturan rehabilitasi. Namun, proporsi pasal yang mengatur hukum lebih besar daripada kesehatan.
Ringkasan dokumen tersebut adalah:
1) LBH Masyarakat menyelenggarakan kompetisi untuk paralegalnya guna mendapatkan ide proyek inovatif yang dapat meningkatkan akses terhadap keadilan bagi masyarakat.
2) Dua proposal terbaik akan mendapat dana masing-masing Rp10 juta untuk melaksanakan proyek selama 4-6 bulan.
3) Peserta kompetisi adalah paralegal LBH M
Dokumentasi Pelanggaran Hak Tersangka Kasus NarkotikaLBH Masyarakat
Buku ini berisi hasil studi kasus terhadap tersangka kasus narkotika di Jakarta selama tahun 2011. Studi ini menemukan bahwa hampir semua tersangka mengalami pelanggaran hak asasi manusia di tingkat penyidikan, baik berupa penyiksaan maupun penyalahgunaan kewenangan oleh pihak kepolisian. Temuan ini menunjukkan bahwa upaya reformasi kepolisian untuk menegakkan hak asasi manusia belum berjalan den
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.
This document provides an overview of law enforcement measures for drug suspects in Indonesia based on a study conducted by LBH Masyarakat from 2010-2011. It discusses the legal background and requirements for arrests, detention, searches, and seizures. Key points include:
- Arrests for drug suspects can last up to 6 days based on the Narcotics Law, compared to 1 day normally.
- Detention periods are regulated based on the legal process stage, with a maximum of 110 days total.
- House and body searches must follow legal procedures but can be conducted forcibly.
- Seizures aim to find evidence and are governed by rules around what can be seized and warrant requirements.
Jejak Langkah Menciptakan Pengacara RakyatLBH Masyarakat
Buku ini menceritakan perjalanan panjang LBH Masyarakat dalam menciptakan "pengacara rakyat" di kalangan masyarakat terpinggirkan. Tulisan mengisahkan pelantikan 41 orang sebagai paralegal setelah mengikuti pelatihan selama 6 bulan. Paralegal-paralegal ini berasal dari berbagai komunitas yang sebelumnya dianggap tidak melek hukum. Pelantikan ini merupakan puncak dari proses panjang pemberdayaan huk
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
Tiga kalimat ringkasan dari dokumen tersebut adalah:
1. Dokumen tersebut membahas diskusi antara LBH Masyarakat dengan komunitas waria di Jakarta mengenai pengalaman mereka berhadapan dengan aparat keamanan dan ormas.
2. Waria mengeluhkan tindakan sewenang-wenang dari Satpol PP dan Polisi yang sering melakukan penangkapan sembarangan dan memeras uang dari tamu mereka.
3. Mereka juga men
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.
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 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 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.
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আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
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How to Make a Field Mandatory in Odoo 17Celine George
In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
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This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
Your Skill Boost Masterclass: Strategies for Effective Upskilling
Caveat - VOLUME 01/I, JUNE 2009 - LBH Masyarakat
1. CAVEAT
INDONESIA’S MONTHLY HUMAN RIGHTS ANALYSIS
VOLUME 01/I, JUNE 2009
MAIN REPORT |
Wrong diagnosis:
The case of Prita
Mulyasari and
the threat to free
speech
The arrest of Prita Mulyasari, an ordinary 32year-old mother of two, for allegedly defaming a
hospital via an online complaint, triggered
unprecedented public protest and thrust
Indonesia’s treatment of basic human rights
back into the spotlight.
ADDITIONAL FEATURE |
Rolling the Dice on
Children’s Rights
On May 29, 2009, ten children were arrested at
Soekarno-Hatta International Airport for
allegedly gambling within the airport
facility.They were subsequently charged with
violating Article 303 of the Indonesian Criminal
Code regarding gambling and were detained at
Tangerang Children’s Prison, where they
remained until released on June 26 to await trial.
OPINION |
Indonesia’s Torture of
Addicts Must Stop
It is time for international human rights standards to
be incorporated at the heart of international drug
policies. The torture of any human being is
unacceptable, and this includes drug users. Failure to
implement humane policies will merely prolong the
drawn-out sufferings of drug users as well as the
mistaken attitudes of society.
www.lbhmasyarakat.org
CAVEAT:
Let her or him be aware
2. C A V E A T | june 2009 | 1
CONTENT
THE EDITOR’S CUT | 2
MAIN REPORT | 3
Wrong diagnosis: The case of Prita Mulyasari and the threat to free speech
ADDITIONAL FEATURE | 8
Rolling the Dice on Children’s Rights
OPINION | 12
Indonesia’s Torture of Addicts Must Stop
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.
CAVEAT invites feedback and contributions. If you are interested in contributing a guest
editorial piece or article, please first contact us: contact@lbhmasyarakat.org
Editorial Board:
Ricky Gunawan, Dhoho Ali Sastro, Andri G. Wibisana, Ajeng Larasati, Answer C. Styannes,
Christine Tambunan, Pebri Rosmalina, Andy Wiyanto, Antonius Badar, Nur Annissa Rizki
Santoso, Yura Pratama
Special Adviser:
Nick Perry
Finance and Circulation:
Zaki Wildan
Address:
Tebet Timur Dalam III D, No. 2, Jakarta 12820, INDONESIA
Phone:
+62 21 830 54 50
Fax:
+62 21 829 15 06
E-mail:
contact@lbhmasyarakat.org
Website:
www.lbhmasyarakat.org
LEMBAGA BANTUAN HUKUM MASYARAKAT
3. C A V E A T | june 2009 | 2
THE EDITOR’S CUT
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.
erase criminal defamation laws is far from
over in Indonesia.
In this first edition, we present you one
main report, an additional feature and one
opinion piece. Our first main report
discusses the dangerous precedent set by
the judiciary and law enforcement in a
recent case pertaining to freedom of speech.
In June 2009, Prita Mulyasari – an ordinary
32-year-old mother of two – was brought
before the court for allegedly defaming a
hospital via an online complaint. The case
drew massive public support along with the
attention of public figures and even the
presidential candidates. Rights activists and
legal experts, fearing Prita would be jailed,
argued that Indonesia’s freedom of speech
was at stake. Civil movements sprung up in
her defence, arguing that freedom of speech
was enshrined in the Indonesian
Constitution, Human Rights Law and the
International Covenant on Civil and Political
Rights. Finally, after significant pressure
from the House of Representatives and the
public, Prita was cleared of all charges and
released. However, the long struggle to
The final article in this month’s edition of
CAVEAT is an opinion piece titled
“Indonesia’s torture of addicts must stop.”
This article was written by our research
volunteer, Edwina Kharisma, and debates
the use of torture conducted against drug
users in Indonesia. This article was
published in commemoration of the
International Day in Support of Victims of
Torture as well as the International Day
against Drugs Abuse and Illicit Trafficking of
Drugs, which both fell on June 26.
Our additional feature presents you with a
snapshot of one of the several cases we are
currently advocating. In May, ten shoe-shine
boys were arrested at Soekarno-Hatta
International Airport by the airport police
for allegedly gambling. The case has now
been delivered to the Banten Provincial
Prosecutor’s Office and the boys are
awaiting trial and a possible jail sentence.
This report explores the Indonesian juvenile
justice system, the special considerations of
laws protecting children and the improper
action taken by police when dealing with
this case. It also looks into the
interpretation of laws, the alleged charge of
‘gambling’ and chronic ongoing problems of
Indonesia’s juvenile detention facilities.
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.
Thank you for your ongoing support.
-
LEMBAGA BANTUAN HUKUM MASYARAKAT
The Editor
4. C A V E A T | june 2009 | 3
MAIN REPORT
Wrong diagnosis: The case of Prita
Mulyasari and the threat to free
speech
“So long as defamation articles are still regulated in the Criminal Code,
our freedom of speech and expression will be trampled.”
- Ricky Gunawan, Programme Director of the Community Legal Aid Institute.
“On the one hand, we have this information law [ITE], but on the other we have the Constitution, Human
Rights Law and press laws that guarantee freedom of expression. The ITE Law must be applied
comprehensively in relation to other laws to prevent possible misinterpretations like this.”
- Bachtiar Aly, expert on communications at the University of Indonesia.
GENERAL BACKGROUND
The arrest of Prita Mulyasari, an ordinary
32-year-old mother of two, for allegedly
defaming a hospital via an online complaint,
triggered unprecedented public protest and
thrust Indonesia’s treatment of basic human
rights back into the spotlight.1
The
controversy
surrounding
her
detainment led to the House of
Representatives’ demanding the hospital
withdraw its accusations and saw the three
current presidential candidates weighing in
on the debate and eventually led to Prita
being acquitted of all charges and her
prosecutors facing investigation.
While significant pressure eventually led to
Prita being released, the important aspect of
her arrest is the questions it raises in
relation to freedom of speech and the right
of the consumer to complain about medical
services. Furthermore, concerns have been
raised about the prosecutors’ lack of
sensitivity, fairness and proportional
punishment when dealing with suspects,
and their unsubstantiated interpretation of
certain laws (particularly Law Number 11
1
For the detailed letter (in Bahasa) please see:
http://suarapembaca.detik.com/read/2008/08
/30/111736/997265/283/rs-omni-dapatkanpasien-dari-hasil-lab-fiktif
LEMBAGA BANTUAN HUKUM MASYARAKAT
year 2008 regarding Electronic Information
and Transaction, hereinafter referred to as
the ITE Law).
After receiving poor treatment at Omni
International Hospital, Prita wrote an email
in September 2008 detailing her experience
to friends, which was soon rapidly
distributed across forums via online mailing
lists.
Once the email became public knowledge,
Omni International Hospital responded by
filing a criminal complaint and a civil
lawsuit against Prita. She was then arrested
on May 13, 2009, by the Banten Provincial
Prosecutor’s Office. She was charged under
Articles 310 and 311 of the
While significant pressure
Criminal Code regarding
eventually led to Prita being
defamation and Article 27 of
released, the important
the ITE Law. Prita faced a
aspect of her arrest is the
maximum
six
years
questions it raises in relation
imprisonment and fines of
to freedom of speech and the
up to IDR 1 billion as a
right of the consumer to
result of a sending this
complain about medical
straightforward email of
services
complaint.
Once the case generated massive public
attention, the Tangerang district court
trying Prita began to feel the pressure.
Rallies were held across the country by
those who empathised with this normal,
5. C A V E A T | june 2009 | 4
everyday mother suddenly behind bars
away from her children.
Civil movements, demanding reforms of the
ITE Law and calling for the protection of
consumers and freedom of expression,
gathered speed and soon academics,
politicians, international and local rights’
activists, internet advocates and the public
were joining the fray.
Prita was released from detention on June 3
and ordered to remain under city arrest due
to “humanitarian reasons” before facing
court on June 25 for her criminal
defamation trial. There, before the
prosecutors or defendants had even
presented their witnesses, the judges threw
the case out in a preliminary ruling,
claiming prosecutors could not apply the
ITE law.
The judges thought that the law was not yet
effective since the Government Regulation
has not yet been enacted. Even before this
final trial session, the Attorney General
Office (AGO) had begun investigating the
Banten Provincial Prosecutor’s Office for
malpractice and potential corruption
throughout the case.
THE DEFAMATION LAW AND THE ITE LAW
Defamation is literally defined as an/some
act(s) damaging one’s good reputation and
dignity. The early development of
defamation regulations stem back to 500
BC, as seen in the “Twelve Tables”
legislation that was the basis for ancient
Roman law. Even early on, defamation
regulations were used as a tool by
governments to strengthen their authority
and repress free speech and equality.
During the Augustan Age (63BC- 14AD) the
number of defamation trials significantly
increased. Through generations, it was
bequeathed to several legal systems in other
countries, such as England with the
Common Law systems and France as one of
the key countries of the European
Continental system (Civil Law system).
LEMBAGA BANTUAN HUKUM MASYARAKAT
In Indonesia, the vast majority of articles
within the Criminal Code have not changed
since the Dutch made the laws of Wetboek
van Strafrecht effective in September 1886.
The proposed reform of the Criminal Code
has been submitted to the House of
Representatives but is still being
deliberated by legislators.
The
Indonesian
Criminal
Code
acknowledges at least twelve articles under
the chapter of defamation (Article 310 –
Article 321).
There are three elements required for an act
to be considered defamatory: first, a good
reputation must be attacked. Secondly, the
act must have been deliberate and finally,
the act must have taken place before the
public. According to the doctrine and
jurisprudences, the extent to which the act
caused harm depends on the view of the
public. The act must result in harm
according to the community in which it was
carried out.
An individual can defend themselves against
an accusation of slander if they prove it was
conducted in self-defence or in the general
interest of the public. Furthermore, if they
can prove the statements made are true
then there is no basis for a defamation
charge.
In Indonesia’s legal system, defamation is
not clearly defined. As the Criminal Code is
essentially a document from the era of
colonial rule, most of the articles in place on
defamation have not been updated and
essentially act as a way for the ruling
government to limit freedom of expression
and speech. This is especially problematic
for modern-day media. The laws are not
clear enough in most circumstances, and
allow the ruling bodies to restrict the
community’s access to information.
Articles 27 and Article 45 of the ITE Law,
which was passed in March 2008, stipulate
that anybody who deliberately or otherwise
distributes
defamatory
electronic
documents can face up to six years in jail.
The law was formulated by the House of
Representatives commission overseeing
6. C A V E A T | june 2009 | 5
information and foreign affairs and was to
be accommodating to internet users and
protect the public from various misuses of
the internet.
KEY ISSUES REGARDING THE ARREST
The most alarming realisation to emerge
from the ordeal surrounding Prita
Mulyasari’s arrest is that the legal system,
particularly laws regarding defamation, is
still being wielded to serve those in power
at the expense of ordinary individuals.
For human rights activists, legal experts, a
selection of judges and politicians and
eventually the public, the concern was that
the charges violated the right to freedom of
expression, which is guaranteed nationally
under Indonesia’s 1945 Constitution and a
raft of other laws.
Freedom of opinion and expression is the
cornerstone of any democratic society. In
Indonesia, Article 28 (f) of the 1945
Constitution states that every citizen has the
right to own, express and spread opinions in
speech or in writing through print or
electronic media. The state, under the
Constitution, is fully responsible for
ensuring the rights of its citizens and
protecting them against mechanisms
designed to repress their freedom of
individual expression. This basic right is
also protected under Article 25 of Law No.
39 year 1999 regarding Human Rights.
Prita’s denial of expression in this case is
closely linked in with her role as both a
consumer and an ordinary citizen. If
anything, this case highlights the shaky
position of service users in Indonesia and
the willingness of the judiciary to renege on
its obligations to protect citizens.
A democracy should ensure the rights of
consumers by allowing them to demand the
services they are entitled to. In Indonesia,
Law No. 8 year 1999 regarding Consumer
Protection states consumers have the right
to be heard when it comes to their opinion
and complaints about the goods or service
they have used. Further, they are
LEMBAGA BANTUAN HUKUM MASYARAKAT
guaranteed compensation if the goods or
services they receive are not in the same
manner as what was agreed.
This includes the right to file a complaint, a
right that Prita almost went to jail for
exercising. While she was released
eventually and the charges dropped,
perhaps in other case (read below for
examples) the defendant will not be so
lucky. The fact that Prita, an ordinary
mother, found herself defending her
individual rights against not only an
exclusive hospital run by a tycoon but also
the judiciary is unforgivable. These laws are
in place to protect those weaker individuals
at risk from attacks from large, powerful
corporations, and the judiciary should have
backed those with less bargaining power.
The course of action taken by law enforcers,
prosecution and the judiciary has set a
dangerous precedent for those wishing to
defend their right to legitimately complain.
What is there stopping any local
government from throwing criminal
defamation suits at anybody expressing a
complaint about public health or facility
services?
On 9 June, 2009, legislators responding to
this case pledged to pass the public service
bill before the end of their tenure in
October, which could in the future prevent
discrimination
and
inequality
from
occurring as it did against Prita. The bill will
punish officials who provide poor services
and will handle complaints
Freedom of opinion and
from unsatisfied users at
expression is the cornerstone
an official complaints desk.
of any democratic society. In
According to Article 37 of
Indonesia, Article 28 (f) of the
the bill, service providers
1945 Constitution states that
will be obliged to follow up
every citizen has the right to
every complaint within a
own, express and spread
set period of time, and
customers can file suit
opinions in speech or in
against the provider if the
writing through print or
case is not handled
electronic media.
satisfactorily.
One ongoing disparity with the defamation
law is that it can only properly be harnessed
by the wealthy. While Omni International
Hospital was able to demand billions in
7. C A V E A T | june 2009 | 6
reparations from Prita through the use of
top legal teams, Prita has so far been unable
to launch a countersuit. Why has Omni
International
gone
unpunished
for
providing such poor services in the first
place? Furthermore, their actions will be
considered illegal when this bill goes
through (although arguably they are illegal
even now) and they have caused Prita
considerable harm, both mentally through
the trial and detention and physically
through poor service.
Another concern raised in this case is that
the government has clearly failed to
adequately educate the public about the ITE
Law. This relatively new law, while being
known perhaps to internet providers and
web companies, was passed without an
effective awareness campaign to inform the
very people it was originally designed to
protect of its existence. As Adrianus Meliala,
a prominent criminologist from the
University of Indonesia said, it was ironic
the public only became aware of the law
after it was used in a case outside its main
purpose, which is to protect consumers
from cyber crime.
Law enforcers also were unfamiliar with the
terms and clauses of this relatively new
regulation. As the case exploded in publicity
and the specifics of the ITE Law became
public, National Police Spokesman Inspector
General Abubakar Nataprawira said:
“The police acted on prosecutors’ directions.
They asked us to check if it was possible to
use the ITE Law against Prita by asking an
expert witness, and according to that expert,
Prita could be charged under the law.” (The
Jakarta Post, 5 June 2009).
It has been fairly firmly established
charging Prita with a violation of the ITE
Law was a baseless and unsubstantiated
charge stemming from the police and
prosecutors’ misinterpretation of the law.
First and foremost, the law should not have
been used in isolation when trying a
defamation case, as has since been argued
by Supreme Court judges and legal experts.
LEMBAGA BANTUAN HUKUM MASYARAKAT
As we have examined, there are laws that
allowed Prita to make her opinions heard,
and those laws should have been taken into
consideration when prosecutors decided to
use the ITE Law. The Human Rights Law
guarantees people the right to voice and
spread their opinions through speech or in
writing through print or electronic media.
National Human Rights Commission
(Komnas HAM) has argued that the libel
clauses in Article 27 are not in line with the
Indonesian Constitution, Law No. 39 year
1999 regarding Human Rights and Law No.
12 year 2005 on the Ratification of the
International Covenant on Civil and Political
Rights.
While a charge of defamation can be
brought forward if the accused actively
defamed with malicious intent, that can
hardly be said for Prita’s case. The fact the
statements she made criticising Omni
International Hospital were put in an email
and addressed to friends immediately
suggests that ‘deliberate’ slander of the
hospital were not her original motive. Also,
she was not in a position to gain anything
from malicious slander so it can hardly be
argued that was her intent.
Another problematic aspect that arises from
the email itself is that there is no regulation
in the ITE Law that separates public or
private spaces. While Prita’s email wound
up in chat rooms and on blogs and forums,
she played no part in actively spreading the
message. The content of the email was
essentially private, thus making a claim that
the defamatory remarks were made public
hard to prove and baseless in this case.
OTHER CASES AND ISSUES
Prita’s case, while generating huge amounts
of public protest, was not particularly
unique or new to Indonesia. There have
been several other instances where
members of the public have been slapped
with defamation suits for complaining about
services or treatment at the hands of large
corporations.
8. C A V E A T | june 2009 | 7
In 2006 three kiosk owners at the
International Trade Center (ITC) Mangga
Dua - Khoe Seng Seng, Pan Esther, and Kwee
Meng Luan a.k.a Winny – discovered their
properties in the ITC building were built on
land owned by the city administration and
not building developer PT Duta Pertiwi. The
land had only been lent by the
administration to the company for
management reasons, but if it decided to
take it back, the tenants would have lost
their properties and ownership titles. While
the company claimed innocence, in another
case involving the developer the court ruled
that it had concealed information about land
ownership.
Infuriated by what they believed was a
manipulative deal, the vendors sent protest
letters to several national newspapers
between
September and
November
accusing Duta Pertiwi Ltd of misleading
them into buying the land. In December
2007, over a year later, Duta Pertiwi Ltd
filed defamation lawsuits against the
owners of the shops and apartments in the
complex.
The owners and the company have been
suing and countersuing each other ever
since, with the North Jakarta District Court
passing eight verdicts so far. In seven civil
cases, the court turned down the civil
lawsuits (act which breaks the law – or tort
as known in the common law system), but
in the last it ruled in favour of the plaintiff.
Khoe Seng Seng was finally found guilty on
June 4, 2009, of ‘defaming’ the developer
and ordered to pay IDR 1 billion in
compensation, down from the IDR 11 – 17
billion being demanded by the company’s
legal team. Pan Esther was also ordered to
pay the same amount. Winny was cleared of
all charges.
Fifi Tanang was the owner of a property at
the same Mangga Dua Apartement complex.
After she discovered the same discrepancy
with ownership involving the land she had
just purchased, she wrote a letter of
complaint and sent it to the Jakarta Post,
Kompas,
Suara
Pembaruan,
Bisnis
Indonesia, Media Indonesia and Warta Kota.
Later, the Investor Daily re-published the
LEMBAGA BANTUAN HUKUM MASYARAKAT
letter on December 2 and 3, 2006. This time
Duta Pertiwi alleged she had defamed the
company and sued her, where she faced 6
months in prison.
In Fifi’s case, the complaint in question did
not constitute malicious intent to defame,
nor was it acting outside the public interest.
International human rights standards on
freedom of expression have concluded that
imprisonment should not be imposed
except in the most extreme circumstances
where there is clear, identifiable intent to
commit lawless, and malicious slander.
A major concern emerging from these cases
is that the mechanisms of the media are
being stifled and silenced by a pervasive
fear of criminal reprisals and defamation
suits. The threat these large corporations
pose via defamation suits to media
publications and blogs ultimately cripple
freedom of the press. The judiciary and
politicians enacting these various laws need
to seriously consider the wider implications
their rulings have on freedom and
democracy in Indonesia.
--
9. C A V E A T | june 2009 | 8
ADDITIONAL FEATURE
ROLLING THE DICE ON
CHILDREN’S RIGHTS
“We were playing a ‘guess the coin’ game. All we were doing was guessing whether a number or picture
would appear. We have promised that we will be good boys and not be naughty anymore. Now it has been
almost 30 days. We really miss our homes.”
- Takim bin Asan, 11 years old, one of the detained children.
“The arrest, detention or imprisonment of a child shall conform with the law and be used only as a measure
of last resort.”
- Article 16 paragraph (3) Law No. 23 year 2003 regarding Child Protection.
“We often catch [shoeshine boys and other informal sector workers], and they keep loitering in the airport
area. So we’re now rounding them up as a form of shock therapy to deter other workers at the airport.”
- Airport security head Taufik Hidayat, responding to why 10 children were arrested for ‘gambling’ and
are now in prison awaiting trial (The Jakarta Post, June 19, 2009).
GENERAL BACKGROUND
On May 29, 2009, ten children were
arrested at Soekarno-Hatta International
Airport for allegedly gambling within the
airport facility. Aged between 11 and 19
years, they were subsequently charged with
violating Article 303 of the Indonesian
Criminal Code regarding gambling and were
detained at Tangerang Children’s Prison,
where they remained until released on June
26 to await trial.
The children - Rohsidik bin Gani and
Sarifudin bin Basar, aged 11, Rosadi Takim
bin Asan and Abdul Dofar bin Subroto, aged
12, Abdul Rohim bin Ali, Bahrudin bin
Basar, Musa bin Asan and Irfan
Ardiayansyah bin Imran, aged 14, Dalih bin
Salim (known as Rojali), 17 and Abdul
Rohman bin Ali, 19 - come from
impoverished families and work illegally as
shoe-shiners at the airport to earn a living.
The children, having been routinely chased
from the main airport area by security,
began playing a guessing game with other
local children involving a coin and bets of
around IDR 1,000 to IDR 7,000. When
airport security tracked them down, they
were taken to the nearest police station for
LEMBAGA BANTUAN HUKUM MASYARAKAT
questioning and were charged
violating the Criminal Code.
with
The next day they were transferred to
children’s prison, where they remained
until they saw the District Prosecutor on
June 25. While the District Prosecutor
initially ruled the children would remain in
custody until their trial, pressure from the
Community Legal Aid Institute (LBH
Masyarakat), who is representing the
children, saw them released from detention
on the morning of June 26. They are
expected to face a trial in early July where
they either receive a suspended sentence or
a maximum five years in prison.
INDONESIAN JUVENILE JUSTICE SYSTEM
In Indonesia, the juvenile justice system
encompasses all elements of criminal justice
related to the handling of child delinquency
cases and is regulated under Article 4 of
Law No 3 year 1997 regarding the Juvenile
Court. Under both this law and Article 1 of
Law No 23 year 2002 on the Protection of
Children, an individual is classified as a child
if they are between 8 and 17 years of age.
Laws in place for the protection of
delinquent children call for special
consideration and treatment to be
10. C A V E A T | june 2009 | 9
employed when dealing with crimes
involving minors, though this rarely
happens in practice. While the juvenile
court can rule that a child face less punitive
action, the reality is criminal sanctions are
more often employed.
For juvenile delinquents facing criminal
sanctions and the legal system for the first
time, the police play a significant role in the
initial stages. Police officers essentially
determine whether the juvenile should be
released without charge or face the next
stage of prosecution.
the case. Juveniles given a suspended
sentence receive a jail term but are not sent
to prison. Instead, they must not commit
another crime within a set period of time or
will face prison. This way, the child is able to
attend school, stay with their family and
avoid the already overcrowded and poorly
funded prison system where disease, abuse
and potential for further crime is imminent
and a very real threat.
If the arrest is deemed necessary, the public
prosecutor then decide once more whether
the offender should be released, or face the
juvenile court.
Judges have four options under the Law for
dealing with a defendant facing criminal
sanctions:
1. Imprisonment or suspended sentence
– For the latter, a sentence is given but
the juvenile does not have to go to
prison. They must not commit another
crime within a set period, or the jail
sentence will be enacted.
2. Confinement (kurungan) – similar to
imprisonment, though in different
facility usually for sentences of less
than one year;
3. Fines – monetary punishments;
4. Monitoring
–
probation
style
punishment.
If the judge decides not to impart criminal
sanctions on a child, they can instead take
another course of action under the Law:
1. The child may be sent back to their
parents or family;
2. The child may be sent to a government
institution to learn vocational skills;
3. The child may be handed over to a
social
organization
or
social
department involved specifically with
education programs.
In terms of criminal sanctions, the option
for a suspended sentence acts as a
compromise
between
prosecutors
demanding
punishment,
defendants
pleading for release and judges weighing up
LEMBAGA BANTUAN HUKUM MASYARAKAT
Figure 1: Ten shoe-sine boys in the Children's Prison, Tangerang.
Christine Tambunan/LBH Masyarakat. 2009
Despite there being clauses within the
juvenile justice system allowing police and
public prosecutors to release child
offenders without sending them to prison,
such as through a suspended sentence, law
enforcers still tend to adopt a punitive and
harsh approach toward juvenile crimes.
Consequently, a significant number of
children are sent to prison and detention
centres for petty crimes every year.
According
to
the
2008
Amnesty
International Briefing to the UN Committee
against Torture regarding Indonesia, there
are more than 3,000 children aged 8-17
currently in detention across Indonesia.
This figure does not include children
detained in holding cells at police stations.
With only 16 special juvenile detention
centres in the country, the majority of
juvenile delinquents are detained in adult
prisons during the investigation period
before trial.
11. C A V E A T | june 2009 | 10
KEY ISSUES REGARDING THE ARREST
From these statistics and the testimonies of
victims who have spoken with LBH
Masyarakat, it is clear that punishment and
ultimately imprisonment is often the first
and only resort called upon for dealing with
children involved in crime in Indonesia. The
UN Convention on the Rights of the Child
and Indonesia’s own 2002 Child Protection
Law stipulate that detention should only be
used as a last resort for children who have
committed crimes.
Magdalena Sitorus, from the Indonesian
Child Protection Commission (KPAI),
recently said: “Article 16 says the arrest of a
minor may only be carried out as a last
resort.” LBH Masyarakat, legal aid
representatives speaking with the children
at Tangerang Children’s Prison also claim
this was the children’s first arrest and
therefore the action by police was clearly
not a last resort, but was instead “harsh and
unnecessary”
(Dhoho
Sastro,
LBH
Masyarakat, The Jakarta Post, June 19,
2009).
Article 5 of Law No 3 year 1997 regarding
the Juvenile Court stipulates that
investigators should release juveniles back
into the care of their parents where possible
instead of imprisonment. The District
Prosecutor initially ruled that the children
should remain in prison until their trial,
stating there was no reason why legally they
should be released. It was only after
significant pressure from LBH Masyarakat,
and with the help from media, that this
decision was then overturned, and the
children were released into the care of their
parents. It seems this law is generally being
overlooked by the judiciary.
Furthermore, the case itself should have
been overseen by a specialised investigator,
appointed directly by the Head of the
Indonesian Police, as ruled under Article 41
of the same law. This law also failed to be
implemented in this case.
LEMBAGA BANTUAN HUKUM MASYARAKAT
The interpretation of ‘gambling’ in this
charge also needs to be drawn into
consideration. Considering the age of the
children and the nature of the game they
were playing, can such an interpretation be
substantiated in this case? While the
children were playing a ‘game of chance’,
they were not undertaking it as a ‘trade’ or
committing this crime through their
‘profession’, outlined as crimes in the
Indonesian Criminal Code.
Also, under Article 2 of Law
No. year 2002 on the LBH Masyarakat, legal aid
Protection of Children, it is representatives speaking
stated that child protection with the children at
is based on a principal of Tangerang Children’s Prison
non-discrimination, acting in also claim this was the
the best interest of the child, children’s first arrest and
right to life and self therefore the action by
development
and police was clearly not a last
appreciation to the child’s resort, but was instead
opinion. Considering all the “harsh and unnecessary”
children have confessed,
both in interrogation and through letters
written to the deputy head of the airport’s
crime unit, that they did understand they
were committing a crime, and based on the
nature of the game and amounts being
exchanged, police are hardly acting in the
best interests of the children by pursuing
this case so fervently.
Airport security claims they have ongoing
difficulties policing informal sector workers,
like shoeshine workers, at the airport. By
his own admission, Taufik Hidayat, the head
of the airport police’s crime unit, suggested
the reason the children were arrested was
due to being more of a public nuisance than
for the more serious charge of gambling:
“We often catch [shoeshine boys and other
informal sector workers], and they keep
loitering in the airport area. So we’re now
rounding them up as a form of shock therapy
to deter other workers at the airport.”
Such a statement tends to suggest that the
charge of gambling against these children is
unsubstantiated, and there was an ulterior
motive behind the arrests. Indonesian law is
supposed to protect children from
discrimination and guarantees them the
12. C A V E A T | june 2009 | 11
opportunity to grow and develop, both
rights blatantly ignored in this situation.
Furthermore, the children come from
impoverished families and were not offered
legal counsel in the initial stages of the
investigation, a violation of the provisions of
the Juvenile Court Law which states
children should have access to legal
assistance throughout any legal process.
Eventually, LBH Masyarakat came to the
legal aid of the children and has been
working with the children ever since.
IMPLICATIONS
CONCLUSIONS
OF
THE
ARREST
AND
The children arrested in this case were
prevented from taking their final
examinations when their detention was
extended from June 18 until June 26. Article
45 of the Juvenile Court Law states that
detention should only be enforced after
truly considering the best interests of the
child and the community, though in this
case, this article seems to have been
generally ignored. By arresting these
children, law enforcement has potentially
prevented them from completing their
schooling, depriving them of future
employment prospects.
Sentencing children to prison is an
internationally condemned practice that
under no circumstances is acting in the best
interests of a minor. Considering the
conditions in Indonesia’s penitentiaries,
detention is a particularly serious threat to
a child’s wellbeing. According to an Amnesty
International briefing to the United Nations
Committee against Torture in 2009, many
children are forced to remain in adult
prisons while they await trial and a verdict,
which can sometimes take months.
Children’s prisons, like adult facilities, are
overcrowded and poorly equipped at best,
but in adult prisons, children are vulnerable
to many levels of abuse, including physical,
sexual and mental abuse. They are also
exposed to rampant levels of HIV/AIDS and
illegal drugs.
Imprisonment can be also a traumatic
experience that leads to stigmatisation and
LEMBAGA BANTUAN HUKUM MASYARAKAT
negative consequences for the remainder of
an individual’s life. Besides exposure to
drugs and abuse, prisons can promote
further criminal behaviour in the future and
reduce the opportunity for reform.
Detention is a form of liberty deprivation
and therefore should only be enacted as a
last resort when all other measures have
been
exhausted.
Furthermore,
the
punishment should be proportional to the
alleged crime and entirely justified. When
the case involves children, detention is
particularly contentious and therefore
exemptions and special considerations need
to be adopted.
In this case, it can be seen that many of the
laws and regulations in place to protect
children from detention were ignored
throughout the criminal and legal processes
by law enforcement and the judiciary. In
their upcoming trial early July, it can only be
hoped that the judiciary do not again ignore
their pleas and hand down a suspended
sentence.
--
Children’s prisons, like adult
facilities, are overcrowded and
poorly equipped at best, but in
adult prisons, children are
vulnerable to many levels of
abuse, including physical, sexual
and mental abuse. They are also
exposed to rampant levels of
HIV/AIDS and illegal drugs.
13. C A V E A T | june 2009 | 12
OPINION
Indonesia's torture of addicts must
stop
By: Edwina Kharisma*
Jakarta, Indonesia — Moral theorists tend to
agree that nearly all instances of torture are
unjustifiable, irrespective of the motive.
Although universally condemned, local
values continue to allow the practice of
torture. This is because certain individuals
and communities tend to view torture as
“acceptable” if it is conducted on particular
people, such as prison inmates or convicted
criminals.
In Indonesia this attitude prevails toward
people charged with or convicted of drug
abuse. It is standard, although unofficial,
practice for police to torture detainees and
inmates charged with this crime. What is
worse, the individuals themselves often feel
they deserve to be treated in such a manner.
They believe they have committed a terrible
crime, which makes them unworthy of
being treated with dignity. The concept that
they deserve to be tortured makes it
extremely difficult to eradicate this practice.
In Indonesia, almost all drug-related arrests
are accompanied by the practice of torture.
In this context, the act of torture – cruel,
inhumane and degrading treatment – is
conducted in a non-discriminatory manner.
The method of torture administered by
police depends on the victim’s gender. For
women, the customary method is sexual
abuse: the victim is ordered to strip and
perform various sexual acts. For men it is
likely to include regular beatings, sleep
deprivation and electric shocks to the
genitals. These practices are regarded as
common and acceptable, not only by police
officers, detainees and inmates but also by
society.
Indonesians who use drugs are considered
lowly human beings. They are often seen as
LEMBAGA BANTUAN HUKUM MASYARAKAT
people who engage freely in sexual
activities,
come
from
bad
family
environments and are of evil personal
characteristics. In addition, they are
susceptible to HIV/AIDS.
Drug use is considered inconsistent with
local values, customs and religious
teachings, therefore users and addicts tend
to be disowned by their families and
ostracized by society. This contributes to
the hardship that often drives drug users to
commit more serious crimes like theft, rape
and murder. The moralistic approach to
their problem has been most damaging to
this vulnerable group.
Scholars of both culture and law have
attempted to explain this phenomenon. One
theory postulates that law is a reflection of
cultural values within a particular society.
The cultural values of a society can be
observed in the people’s attitudes, which
are heavily affected by both external factors
and intrinsic moral values.
In the case of drug users, both social
attitudes and moral values in Indonesia lead
people to think that torture is justifiable,
both in detention and after conviction.
Social acceptance makes it hard to label
torture a crime, although the law perceives
it otherwise.
These circumstances are depressing, as they
are erroneous. Application of the law must
be strengthened so police officers
understand they have an absolute duty to
refrain from torture. The misperception that
the torture of drug addicts is acceptable
must be corrected.
Whether by coincidence or intent, the U.N.
International Day in Support of Victims of
14. C A V E A T | june 2009 | 13
Torture, established in 1997, falls on the
same day as the International Day against
Drug Abuse and Illicit Trafficking of Drugs,
created a decade earlier. Both are on June
26.
It is a day to voice concern for both those
who have endured the evil practice of
torture as well as for drug users that are
marginalized by society.
The fight against drugs should be conducted
with the aim of protecting and rehabilitating
drug addicts, as opposed to torturing them.
Recognizing the human rights of drug users
is essential, not least because it helps
prevent the spread of HIV/AIDS and
mitigate the impact of drug use on public
health.
Criminalizing and targeting drug users will
never solve the root problems of global
illicit drug trafficking. Severe punishments
such as the death penalty – which is the
ultimate denial of the right to life and a form
of cruel, inhuman, and degrading
punishment – have failed to lower drug
trafficking levels.
It is time for international human rights
standards to be incorporated at the heart of
international drug policies. The torture of
any human being is unacceptable, and this
includes drug users. Failure to implement
humane policies will merely prolong the
drawn-out sufferings of drug users as well
as the mistaken attitudes of society.
Manfred Nowak, the U.N. special rapporteur
on torture, said, “It is high time to rethink
the punitive approach to drug policies and
to replace it with a human rights-based
approach, which ensures inter alia the
protection of the most vulnerable groups.”
We should not ignore this terribly
mistreated group any longer just to defend a
pointless war on drugs, which is carried out
through systematic daily torture.
-(Edwina Kharisma is a research volunteer at the
Community Legal Aid Institute, LBH Masyarakat,
LEMBAGA BANTUAN HUKUM MASYARAKAT
based in Jakarta, Indonesia. She is currently
studying law at the University of Indonesia. Her
interests include issues of torture, indigenous
people, business and human rights. LBH
Masyarakat provides pro bono legal aid and
human rights education for disadvantaged and
marginalized people.)
-This article was originally published on 17 June
2009 at
http://upiasia.com/Human_Rights/2009/06/17
/indonesias_torture_of_addicts_must_stop/9716
/
15. C A V E A T | june 2009 | 14
About LBH Masyarakat
Born from the idea that all members of
society have the potential to actively
participate in forging a just and democratic
nation, a group of human rights lawyers,
scholars and democrats established a nonprofit civil society organization named the
Community Legal Aid Institute (LBH
Masyarakat)
LBH Masyarakat is an open-membership
organisation seeking to recruit those
wanting to play a key role in contributing to
the empowerment of society. The members
of LBH Masyarakat believe in the values of
democracy and ethical human rights
principals that strive against discrimination,
corruption and violence against women,
among others.
LBH Masyarakat aims for a future where
everyone in society has access to legal
assistance through participating in and
defending probono legal aid, upholding
justice and fulfilling human rights.
Additionally, LBH Masyarakat strives to
empower people to independently run a
legal aid movement as well as build social
awareness about the rights of an individual
within, from and for their society.
LBH Masyarakat runs a number of
programs, the main three of which are as
follows: (1) Community legal empowerment
through legal counselling, legal education,
legal clinics, human rights education,
awareness building in regard to basic rights,
and providing legal information and legal
aid for social programs; (2) Public case and
public policy advocacy; (3) Conducting
research concerning public predicaments,
international human rights campaigns and
advocacy.
These programs are conducted entirely in
cooperation with society itself. LBH
Masyarakat strongly believes that by
enhancing legal and human rights
awareness among social groups, an
independent advocacy approach can be
adopted by individuals within their local
areas.
LEMBAGA BANTUAN HUKUM MASYARAKAT
By providing a wide range of opportunities,
LBH Masyarakat is able to join forces with
those concerned about upholding justice
and human rights to collectively participate
and contribute to the overall improvement
of human rights in Indonesia.
16. C A V E A T | june 2009 | 15
Lembaga Bantuan Hukum Masyarakat
Tebet Timur Dalam III D, No. 2
Jakarta 12820
INDONESIA
P. +62 21 830 54 50
F. +62 21 829 15 06
E. contact@lbhmasyarakat.org
W. http://www.lbhmasyarakat.org
LEMBAGA BANTUAN HUKUM MASYARAKAT