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.”
Justice is a concept based on ethics, rationality, law, and equal protection and treatment of all people. India's constitution places justice as the highest priority and aims to secure justice for all citizens. However, over 60 years after independence, India still has a massive backlog of cases and justice remains elusive for many. The judicial system is plagued by delays, corruption, lack of infrastructure and resources, and political interference, denying timely justice to most citizens. Reforms are needed such as increasing judges and infrastructure, digitizing case records, enforcing deadlines, ensuring transparency, and insulating the judiciary from political influences to help reduce case backlogs and help provide fair and timely justice for all Indians.
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.
1) The Indian legal system is slow in delivering justice due to a large backlog of cases and lack of judges and infrastructure. There are over 30 million pending cases.
2) Key reasons for delays include inadequate number of courts and judges, dilatory tactics by lawyers, lack of legal awareness among citizens, and corruption.
3) Proposed solutions include increasing the number of judges, reforming procedural laws, raising legal awareness, and promoting alternative dispute resolution mechanisms. However, merely amending laws will not be enough - the existing legal framework must be properly implemented and enforced.
Somewhere amidst the unending human rights violations, prolonged court proceedings and bleak hopes, the word ‘justice’ has lost its meaning. In Hans Kelsen’s words, longing for justice is a man’s eternal longing for happiness.
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.
India criminal-contempt-of-court-press-release-2020-engZahidManiyar
The ICJ expressed concern over the Indian Supreme Court's conviction of prominent human rights lawyer Prashant Bhushan for criminal contempt over two tweets criticizing the judiciary. While only imposing a symbolic fine, the conviction appears inconsistent with international standards on freedom of expression. The ICJ stressed the ruling risks having a chilling effect on free expression in India and urged a review of criminal contempt laws to bring them in line with international law.
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’.
The document summarizes Indonesia's upcoming 2014 national elections, including key dates and processes. The legislative elections will be held on April 9th to select members of parliament, while the first round of presidential elections will take place on July 9th. The elections will see Indonesians vote for parliamentary representatives at the national, provincial, and district levels. Leading presidential candidates are discussed, along with the nomination requirements to run. An overview is also provided of Indonesia's major political parties and the electoral system used to allocate parliamentary seats.
Justice is a concept based on ethics, rationality, law, and equal protection and treatment of all people. India's constitution places justice as the highest priority and aims to secure justice for all citizens. However, over 60 years after independence, India still has a massive backlog of cases and justice remains elusive for many. The judicial system is plagued by delays, corruption, lack of infrastructure and resources, and political interference, denying timely justice to most citizens. Reforms are needed such as increasing judges and infrastructure, digitizing case records, enforcing deadlines, ensuring transparency, and insulating the judiciary from political influences to help reduce case backlogs and help provide fair and timely justice for all Indians.
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.
1) The Indian legal system is slow in delivering justice due to a large backlog of cases and lack of judges and infrastructure. There are over 30 million pending cases.
2) Key reasons for delays include inadequate number of courts and judges, dilatory tactics by lawyers, lack of legal awareness among citizens, and corruption.
3) Proposed solutions include increasing the number of judges, reforming procedural laws, raising legal awareness, and promoting alternative dispute resolution mechanisms. However, merely amending laws will not be enough - the existing legal framework must be properly implemented and enforced.
Somewhere amidst the unending human rights violations, prolonged court proceedings and bleak hopes, the word ‘justice’ has lost its meaning. In Hans Kelsen’s words, longing for justice is a man’s eternal longing for happiness.
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.
India criminal-contempt-of-court-press-release-2020-engZahidManiyar
The ICJ expressed concern over the Indian Supreme Court's conviction of prominent human rights lawyer Prashant Bhushan for criminal contempt over two tweets criticizing the judiciary. While only imposing a symbolic fine, the conviction appears inconsistent with international standards on freedom of expression. The ICJ stressed the ruling risks having a chilling effect on free expression in India and urged a review of criminal contempt laws to bring them in line with international law.
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’.
The document summarizes Indonesia's upcoming 2014 national elections, including key dates and processes. The legislative elections will be held on April 9th to select members of parliament, while the first round of presidential elections will take place on July 9th. The elections will see Indonesians vote for parliamentary representatives at the national, provincial, and district levels. Leading presidential candidates are discussed, along with the nomination requirements to run. An overview is also provided of Indonesia's major political parties and the electoral system used to allocate parliamentary seats.
This document is a research proposal on police brutality and the dangers faced by police. It includes an introduction, literature review, methodology, and analysis sections. The introduction provides definitions of police brutality and discusses its forms and cases in Pakistan. The literature review examines previous research on the structure of policing in Pakistan and perspectives on police brutality. The methodology section describes the qualitative nature of the study and data collection using interviews. The analysis presents the results of a questionnaire given to university students on topics related to police brutality and safety.
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.
Democracy’s Dark Hour
Why did the resignation of Congress legislators in Karnataka require the intervention of the Supreme Court? The apex court’s judgment favours the rebels and, with the governor stepping in, questions are raised about separation of powers among the Legislature, the Judiciary and the Executive
Law Unto Themselves
Despite Supreme Court strictures, lawyers across the country continue to strike work, crippling litigation, causing massive revenue loss and creating a rift between the Bar and the Bench
India is considered a safe haven for criminals due to widespread corruption, a backlogged judicial system, and the presence of criminals in politics. The country's laws are often not enforced strictly, and criminals can easily avoid punishment through delays, appeals, and political influence. As a result, crimes like murder, kidnapping, robbery and terrorism are regularly committed with little consequence to the perpetrators. Reform is needed to strengthen law enforcement, speed up the judicial process and keep criminals out of elected office to make India less safe for criminal activities.
Defamation & Online Defamation; Why Internet for Defamation; Legislations related to defamatory; Freedom of Speech; Freedom of Speech under International Conventions and its limitation; Freedom of Speech under Federal Constitution of Malaysia and its limitation; Freedom of speech in Internet and Cyber Harassment; Instances of online defamation; Internet Content Regulation and Censorship.
Recommendation & Conclusion.
FM Associates is among the very few leading law firms in Bangladesh, having its presence throughout out of the world. We believe in our lawyers, they are very professional in their work and always try to suggest the best opinion according to the situation. We understated the importance of our client and work very carefully towards the procedure of Legal service. For further details in regards to Banking LEGAL SERVICE in Bangladesh follow the down below link.
Website link: https://www.fmassociatesbd.com/blog/item/14-ict-amendment-ordinance-2013
Email: info@fmassociatesbd.com
Marriage and the Courts
There are a slew of cases regarding dowry, marital discord, cruelty and gender issues before the courts which could redefine laws concerning marriage and divorce
Newly elected President Joko ‘Jokowi’ Widodo has risen to the presidency in a whirlwind of an election, which was closely contested by him and his rival Prabowo Subianto. Despite this, Jokowi has enormous popular support in Indonesia, due to his humble origins and hands on style of governing and the fact that he is a ‘man of the people’, unconnected to Indonesia’s past or traditional political elites of wealthy families and former military generals.
This document discusses how democracy has been subverted in India through changes to the parliamentary system that have benefited lawmakers. It notes that MPs are not required to live in their constituencies, have unlimited chances to run for office even with criminal convictions, do not have to disclose expenses, and receive lifetime pensions even if they only serve one day. The document argues this has allowed lawmakers to irrationally and lavishly help themselves while claiming India is a poor country. It also discusses how links between criminals, politicians and bureaucrats have undermined the criminal justice system and good governance.
The document summarizes key points from the Union Budget 2015 presented by Finance Minister Arun Jaitley. It notes that while the budget focuses on growth and infrastructure development to improve business, it fails to address expectations of the common middle class. Specifically, there was no increase in the basic tax exemption limit or limits for deductions under section 80C, disappointing middle class taxpayers. Overall, the budget is seen as pioneering but does not do enough to curb inflation, black money or address social issues as hoped.
Reducing the influence of money and muscle power in politics. Criminalization of politics has led to immense pressure on political institutions. Candidates with criminal records are attractive to political parties because they can often self-finance and raise large amounts of money. Reforms are needed to reduce the role of money in politics and prevent criminals from holding public office, such as limiting election spending, instituting an independent election commission, and establishing fast-track courts to expedite cases against candidates and elected officials.
The document discusses several cases where Indian media has crossed boundaries and conducted their own trials through investigative reporting and sting operations. This includes exposing security lapses in Parliament, telecasting pornographic content, and making accusations against individuals without trials. While the media has an important role to play, some of their actions have disrupted investigations and trials. There are ongoing legal and ethical questions around the limits of media investigations and trials.
With 4 senior judges of the apex court casting aspersions on the Chief Justice of India the credibility of the judiciary in particular and the whole justice delivery system has hit an all time low. The row may ultimately be shoved under the carpet but it is high time that responsible citizens woke up to the perversion that justice delivery system headed by the judiciary in India actually is.
Under Siege
RBI governor Urjit Patel comes under intense pressure from the Executive and the Transparency Watchdog. The centre has invoked a section of the RBI Act never used before, leading to a stalemate that could have serious financial and political consequences
The document discusses the need for electoral reforms in India to reduce the influence of money and muscle power in politics. It outlines several issues with the current system such as rampant criminalization of politics and vote-buying. Various organizations like the Election Commission and Association for Democratic Reforms have proposed reforms such as banning candidates with criminal charges, regulating campaign financing and introducing a 'none of the above' option. The document also summarizes the Supreme Court's recent decision to remove protection for convicted politicians. Overall, the document argues that substantial electoral reforms are needed to strengthen democracy and empower citizens in India.
Corruption exists in many forms throughout various levels of Indian society, including in government, schools, police, and politics. The document outlines several high-profile corruption scandals in India that prompted citizen outrage and protests led by activist Anna Hazare calling for stricter anti-corruption laws. Hazare began fasting in 2011 to push for passage of the Jan Lokpal Bill, which proposed an independent body with power to investigate and prosecute bureaucrats and politicians for corruption. Large protests and hunger strikes erupted across India both supporting and opposing the bill.
Criminalization of politics refers to criminals gaining power in politics through elections due to their nexus with politicians. This occurs because election costs are high, leading parties to seek underground financing. The document outlines the history of criminalization in India since 1957 and reasons like self-interest, money and muscle power. It discusses related laws and Supreme Court judgments, and suggests reforms like empowering the Election Commission and fast-track courts to curb the trend.
The legislator has filed the petition asking the JSC to instigate disciplinary measures against Chief Justice David Maraga following the Supreme Court's decision to nullify President Uhuru Kenyatta's election on August 8. The petition was filed by NASA leader Raila Odinga
The document outlines a stage plan layout showing dimensions for a canopy, stage, and storage area. The stage is 8m wide and 3.5m deep situated in a concert hall measuring 22m wide with fences on the sides covered to protect equipment stored overnight.
PageRank is a method for ranking web pages based on the link structure of the web. It was developed by Google to help search engines make sense of the vast heterogeneity of the World Web. PageRank works by treating individual web pages as nodes and links between pages as edges, and recursively propagating importance weights through this link structure. It helps address issues like some pages having more backlinks due to their popularity rather than their actual importance. The algorithm involves iteratively computing the PageRank scores until they converge based on the link structure and a damping factor.
This document is a research proposal on police brutality and the dangers faced by police. It includes an introduction, literature review, methodology, and analysis sections. The introduction provides definitions of police brutality and discusses its forms and cases in Pakistan. The literature review examines previous research on the structure of policing in Pakistan and perspectives on police brutality. The methodology section describes the qualitative nature of the study and data collection using interviews. The analysis presents the results of a questionnaire given to university students on topics related to police brutality and safety.
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.
Democracy’s Dark Hour
Why did the resignation of Congress legislators in Karnataka require the intervention of the Supreme Court? The apex court’s judgment favours the rebels and, with the governor stepping in, questions are raised about separation of powers among the Legislature, the Judiciary and the Executive
Law Unto Themselves
Despite Supreme Court strictures, lawyers across the country continue to strike work, crippling litigation, causing massive revenue loss and creating a rift between the Bar and the Bench
India is considered a safe haven for criminals due to widespread corruption, a backlogged judicial system, and the presence of criminals in politics. The country's laws are often not enforced strictly, and criminals can easily avoid punishment through delays, appeals, and political influence. As a result, crimes like murder, kidnapping, robbery and terrorism are regularly committed with little consequence to the perpetrators. Reform is needed to strengthen law enforcement, speed up the judicial process and keep criminals out of elected office to make India less safe for criminal activities.
Defamation & Online Defamation; Why Internet for Defamation; Legislations related to defamatory; Freedom of Speech; Freedom of Speech under International Conventions and its limitation; Freedom of Speech under Federal Constitution of Malaysia and its limitation; Freedom of speech in Internet and Cyber Harassment; Instances of online defamation; Internet Content Regulation and Censorship.
Recommendation & Conclusion.
FM Associates is among the very few leading law firms in Bangladesh, having its presence throughout out of the world. We believe in our lawyers, they are very professional in their work and always try to suggest the best opinion according to the situation. We understated the importance of our client and work very carefully towards the procedure of Legal service. For further details in regards to Banking LEGAL SERVICE in Bangladesh follow the down below link.
Website link: https://www.fmassociatesbd.com/blog/item/14-ict-amendment-ordinance-2013
Email: info@fmassociatesbd.com
Marriage and the Courts
There are a slew of cases regarding dowry, marital discord, cruelty and gender issues before the courts which could redefine laws concerning marriage and divorce
Newly elected President Joko ‘Jokowi’ Widodo has risen to the presidency in a whirlwind of an election, which was closely contested by him and his rival Prabowo Subianto. Despite this, Jokowi has enormous popular support in Indonesia, due to his humble origins and hands on style of governing and the fact that he is a ‘man of the people’, unconnected to Indonesia’s past or traditional political elites of wealthy families and former military generals.
This document discusses how democracy has been subverted in India through changes to the parliamentary system that have benefited lawmakers. It notes that MPs are not required to live in their constituencies, have unlimited chances to run for office even with criminal convictions, do not have to disclose expenses, and receive lifetime pensions even if they only serve one day. The document argues this has allowed lawmakers to irrationally and lavishly help themselves while claiming India is a poor country. It also discusses how links between criminals, politicians and bureaucrats have undermined the criminal justice system and good governance.
The document summarizes key points from the Union Budget 2015 presented by Finance Minister Arun Jaitley. It notes that while the budget focuses on growth and infrastructure development to improve business, it fails to address expectations of the common middle class. Specifically, there was no increase in the basic tax exemption limit or limits for deductions under section 80C, disappointing middle class taxpayers. Overall, the budget is seen as pioneering but does not do enough to curb inflation, black money or address social issues as hoped.
Reducing the influence of money and muscle power in politics. Criminalization of politics has led to immense pressure on political institutions. Candidates with criminal records are attractive to political parties because they can often self-finance and raise large amounts of money. Reforms are needed to reduce the role of money in politics and prevent criminals from holding public office, such as limiting election spending, instituting an independent election commission, and establishing fast-track courts to expedite cases against candidates and elected officials.
The document discusses several cases where Indian media has crossed boundaries and conducted their own trials through investigative reporting and sting operations. This includes exposing security lapses in Parliament, telecasting pornographic content, and making accusations against individuals without trials. While the media has an important role to play, some of their actions have disrupted investigations and trials. There are ongoing legal and ethical questions around the limits of media investigations and trials.
With 4 senior judges of the apex court casting aspersions on the Chief Justice of India the credibility of the judiciary in particular and the whole justice delivery system has hit an all time low. The row may ultimately be shoved under the carpet but it is high time that responsible citizens woke up to the perversion that justice delivery system headed by the judiciary in India actually is.
Under Siege
RBI governor Urjit Patel comes under intense pressure from the Executive and the Transparency Watchdog. The centre has invoked a section of the RBI Act never used before, leading to a stalemate that could have serious financial and political consequences
The document discusses the need for electoral reforms in India to reduce the influence of money and muscle power in politics. It outlines several issues with the current system such as rampant criminalization of politics and vote-buying. Various organizations like the Election Commission and Association for Democratic Reforms have proposed reforms such as banning candidates with criminal charges, regulating campaign financing and introducing a 'none of the above' option. The document also summarizes the Supreme Court's recent decision to remove protection for convicted politicians. Overall, the document argues that substantial electoral reforms are needed to strengthen democracy and empower citizens in India.
Corruption exists in many forms throughout various levels of Indian society, including in government, schools, police, and politics. The document outlines several high-profile corruption scandals in India that prompted citizen outrage and protests led by activist Anna Hazare calling for stricter anti-corruption laws. Hazare began fasting in 2011 to push for passage of the Jan Lokpal Bill, which proposed an independent body with power to investigate and prosecute bureaucrats and politicians for corruption. Large protests and hunger strikes erupted across India both supporting and opposing the bill.
Criminalization of politics refers to criminals gaining power in politics through elections due to their nexus with politicians. This occurs because election costs are high, leading parties to seek underground financing. The document outlines the history of criminalization in India since 1957 and reasons like self-interest, money and muscle power. It discusses related laws and Supreme Court judgments, and suggests reforms like empowering the Election Commission and fast-track courts to curb the trend.
The legislator has filed the petition asking the JSC to instigate disciplinary measures against Chief Justice David Maraga following the Supreme Court's decision to nullify President Uhuru Kenyatta's election on August 8. The petition was filed by NASA leader Raila Odinga
The document outlines a stage plan layout showing dimensions for a canopy, stage, and storage area. The stage is 8m wide and 3.5m deep situated in a concert hall measuring 22m wide with fences on the sides covered to protect equipment stored overnight.
PageRank is a method for ranking web pages based on the link structure of the web. It was developed by Google to help search engines make sense of the vast heterogeneity of the World Web. PageRank works by treating individual web pages as nodes and links between pages as edges, and recursively propagating importance weights through this link structure. It helps address issues like some pages having more backlinks due to their popularity rather than their actual importance. The algorithm involves iteratively computing the PageRank scores until they converge based on the link structure and a damping factor.
The document discusses the process for obtaining a Customs Identification Number (NIK) in Indonesia by registering as an importer. It outlines the requirements for registration such as documents needed, application process which is done online, rights and obligations of both parties, and terms of the agreement. The registration is handled by the Directorate General of Customs and Excise who will provide a Notice of Registration if requirements are met. A company called CV Sarana Andalan can assist with the registration for a fee.
Este documento resume los resultados de una investigación sobre los servicios disponibles para hispanohablantes en Okinawa, Japón. La investigación encontró que ninguno de los gobiernos de Japón, Okinawa o EE.UU. ofrecen servicios sociales en español. Aunque hay más recursos traducidos al español en sitios del gobierno japonés que en sitios estadounidenses. Se recomienda compilar una lista de recursos hispanos y establecer grupos de apoyo en las escuelas militares para facilitar el acceso a servicios.
Pullman Bangkok King Power is a 386-room hotel located in downtown Bangkok near public transportation. It offers a cutting-edge lifestyle with modern design and amenities. The hotel has five restaurants and bars serving global cuisines and entertainment. It is also a venue for meetings, events, and luxury spa services.
Dokumen tersebut merupakan terjemahan hadits-hadits dari kitab Bulughul Marom yang membahas berbagai topik terkait kebersihan seperti wudhu, mandi, air, najis, dan sebagainya. Beberapa poin penting yang diangkat antara lain mengenai air yang bersih dan dapat mensucikan, larangan mandi dalam air tergenang, cara membersihkan bekas najis, dan hal-hal yang boleh dan tidak boleh dikonsumsi.
Buku ini membahas kebijakan strategis Imunisasi Pasti Lengkap (IMPAL) di Kabupaten Pakpak Bharat untuk meningkatkan cakupan imunisasi bayi. Program IMPAL ini bertujuan agar seluruh bayi mendapat lima imunisasi dasar melalui berbagai kegiatan pendukung.
God chose to use the shepherd motif throughout scripture to describe leaders caring for God's people like sheep. A good shepherd provides nourishment, guidance, protection and sacrifices for the flock. While some rulers in the ancient near east saw themselves as shepherds, the Bible depicts God and the coming Messiah as the ultimate shepherds who care for people with unparalleled love, concern and self-sacrifice. Old Testament prophets foretold a shepherd who would restore Israel, referring to the Messiah's second coming.
Este documento resume el estado del sector de tecnologías de la información y comunicación (TIC) en Ecuador. Explica que las telecomunicaciones están reguladas por organismos como CONATEL y CONARTEL, y que el mercado de telecomunicaciones representa el 3.8% del PIB. Actualmente, la capacidad internacional de internet de Ecuador es de solo 12 STM-1 (1.86 Gbps), pero se proyecta que para el 2010 se necesitará una capacidad de 424 STM-1 (65.76 Gbps). Las importaciones de TIC como procesamiento de datos y comunicaciones
The document is a notice from the state agency responding to a records request. It provides that some records requested will be partially disclosed while other information will be withheld. Personal contact information and communications protected by attorney-client privilege between the Governor's office and Attorney General will not be disclosed. The requester is responsible for fees and must make arrangements with the agency to access disclosed records within 20 days.
Este documento resume la situación económica de Venezuela a inicios de 2015. Explica que los precios del petróleo cayeron significativamente en 2014, lo que afectó negativamente el flujo de divisas del país. Como resultado, el PIB venezolano se ha contraído y la inflación ha aumentado. También señala que el organismo que administra las divisas, Cencoex, ha adjudicado un 55.4% menos de divisas que su predecesor Cadivi, lo que ha generado críticas sobre su eficiencia.
This document contains personal identifying information for an individual named Jose Jimmy Jimenez from Alberca. It includes his name, a reference code, and other codes that are likely related to identification or record keeping purposes. The document provides basic contact information for an individual but does not include significant details.
La organización selecciona y recibe voluntarios angloparlantes para enseñar inglés en instituciones educativas colombianas que atienden a sectores menos favorecidos, con el objetivo de mejorar las oportunidades educativas y laborales a través del dominio del inglés, y aumentar la competitividad de Colombia. El programa involucra entrenamiento y apoyo a los voluntarios, y trabaja con las instituciones y docentes locales para mejorar la enseñanza del inglés.
மாதங்கள் பன்னிரண்டு. அவற்றில் ஒவ்வொன்றுக்கும் ஒரு குறிப்பிட்ட
சிறப்புண்டு. 'ரஜப் அல்லாஹ்வுடைய மாதம். ஷஃபான் என்னுடைய
மாதம். புனித ரமழான் எனது உம்மத்துடைய மாதம்.' என்ற நபிமொழி
இறுதித்தூதர் (ஸல்) அவர்களின் உம்மத்துக்கு அருளாக வழங்கப்பட்ட
மாதமே ரமழான் என்பதைத் தெளிவாக உணர்த்துகின்றது.
ரமழான் மாதம் இரண்டு வகையில் மகத்துவம் பெறுகின்றது. முழு மனித
சமூகத்துக்கும் நேர்வழி காட்டக்கூடிய அல்லாஹ்வின் இறுதி வேதம்
உலகுக்கு அருளப்பட்ட மாதம் என்ற வகையில் ரமழான் மிக
கண்ணியத்துக்குரிய ஒரு மாதமாகும்.
அல்லாஹ் தன் அடியார்களை பாவங்களிலிருந்து பரிசுத்தப்படுத்தவும்,
அவர்களிடம் நன்மைகளின்பால் தீவிர ஆசையை ஏற்படுத்தவும் இப்புனித
மாதத்தில் அல்லாஹ் நோன்பை விதியாக
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 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.
Caveat - VOLUME 07/I, DECEMBER 2009 - LBH MasyarakatLBH Masyarakat
This year, Indonesia experienced an uncompromising state of affairs on human rights and bore witness to its own failing
rule of law. If these conditions further deteriorate, and the government fails to prevent such incidents, Indonesia risks
creating a state of anarchy, where the rule of law has collapsed and the enforcement of human rights is absent.
The country's failed legal reform has now been an issue for more than 10 years. Indonesia’s law apparatus, from the
National Police to the Attorney General's Office and the Supreme Court, have escaped the work of strategic and effective reforms.
In 2009, the National Police passed a decree regarding the implementation of human rights; yet torture and other violence continues. The reputation of the Attorney
General Office’s has failed to fully recover from its downfall in 2008 in which one of its high-ranking officials was imprisoned for corruption. Other senior AGO officials are
now accused of attempting to destroy the Corruption Eradication Commission (KPK). Meanwhile, the Supreme Court has not shown transparency in serving justice.
Ultimately, all three institutions have failed to exhibit integrity and transparency.
Ricky Gunawan’s opinion piece, "Indonesia’s Legal
System Biased and Unfair," corroborates this proposition.
Gunawan's opinion piece provides striking cases of a failed rule of law. He compares three cases in which ordinary people face legal procedures and one case in which a
powerful man is allegedly deceiving the law. He argues that, “Indonesia needs to reform and strengthen its legal system. Otherwise, the country will end up in pandemonium
where laws are only paper and human rights turn into human wrongs.”
Caveat - VOLUME 01/I, JUNE 2009 - LBH MasyarakatLBH Masyarakat
In Latin, caveat literally means let her or
him be aware. Legally, it refers to a notice
directed at a court or public officer to
suspend a proceeding until the notifier is
awarded a hearing. It was the poignant
literal meaning of the word that led us to
the name for our first English report. Caveat
aims to present monthly analysis of the
human rights situation in Indonesia. We
chose to publish CAVEAT in English to cater
to our non-Indonesian audience who are
particularly interested in the development
of human rights, legal reform and
democracy in Indonesia. We are aware that
other Indonesian NGOs have been largely
contributing to the human rights discourse
in Indonesia by publishing their regular
publications in Bahasa, so we decided to go
down a different path and diversify in the
hope of encouraging dialogue.
We sincerely hope these three articles in the
first edition of CAVEAT will promote a
better understanding and awareness among
readers of the latest human rights situation
in Indonesia. We also acknowledge that our
publication will not be one hundred percent
perfect the first time around, and welcome
and appreciate any constructive criticism.
Caveat - VOLUME 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.
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.
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.
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.
The document discusses arguments made by Cambodian government officials for needing an NGO law and examines whether these arguments are justified. It finds the claims around addressing crime, terrorism, and transparency concerns are not valid given existing Cambodian laws. The document determines the true motivation is political control of NGOs, as the law would restrict their lawful activities and criticism of the government through restrictive registration and potential criminalization.
Corruption has become a cultural problem in Indonesia for several reasons. Most Indonesians and foreigners acknowledge that corruption occurs throughout the government in areas like healthcare, education, and banking. Efforts to eliminate corruption have been weak, and corruption now happens even within law enforcement and the courts. Citizens also enable corruption by willingly breaking rules and bribing officers to avoid penalties. Unless Indonesians work together to curb corruption through discipline, accountability, and consequences for corrupt officials, it will continue damaging the country's future.
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 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.
Abstract: The menace of corruption in Nigeria is very pervasive with global implications. So pervasive is corruption in Nigeria that almost every aspect of National life is affected one way or the other (Matthew et al 2013). According to Woodward 2015, psychosocial approach looks at individuals in the context of the combined influence that psychological factors and the surrounding social environment have on their physical and mental wellness and their ability to function. This approach is used in broad range of helping professions in health and social care settings as well as by medical and social science researchers. It is however difficult to provide the exact date that corruption became a subject of national discourse in Nigeria (Matthew et al 2013). The age of corruption in Nigeria however, has affected the socio-psychology of the citizenry as there have been little or no effective measures put in place to curb the menace of corruption. It is also undisputedly true that corruption in the Nigerian society has eaten deep into the law enforcement agencies, political parties, political leaders, judicial system, government and private ministries and parastatals, law makers, etc., and above all, the psycho-social standing of the citizenry is greatly affected. Thus, curbing corruption in Nigeria may seem too daunting to dare but before proffering critical remedies/strategies/recommendations that will help tremendously in curbing corruption in Nigeria, a closer look at some two major factors that have been grossly infected by corruption will be considered. These two factors are carefully selected because the multiplier effects of corruption we see today in Nigeria find their roots in these two factors which are political corruption and judicial corruption. If corruption in these two institutions mentioned is curbed, then corruption in other aspects of life would have been greatly diminished and the slogan “change begins with me” would become more productive in the reduction of corruption as well as conscience upliftment and Nigeria would be in her way forward to a corrupt-free nation.
Keywords: corruption.
Title: TOWARDS CURBING CORRUPTION IN NIGERIAN SOCIETY
Author: NWUZOR, E. EZIAKU, ANYAOGU, BONIFACE E
International Journal of Recent Research in Social Sciences and Humanities (IJRRSSH),
ISSN 2349-7831,
Paper Publications
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.
This document discusses custodial deaths and torture in police custody in India. It summarizes a Supreme Court of India case where writ petitions were filed regarding frequent complaints of custodial violence and deaths in police lockups across states. The court issued notices to all state governments and the Law Commission of India to examine the issue and suggest guidelines to prevent custodial torture and compensate victims. The court and amicus curiae considered the fundamental rights of citizens and need to curb police powers and protect individuals from abuse of authority.
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.
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 discusses the 1992 Los Angeles riots that occurred after the Rodney King verdict. It provides background on the tensions between citizens and police in LA leading up to the riots. On the day of the verdict, when the four police officers were found not guilty on most charges, widespread unrest and violence broke out. The riots initially started at the intersection of Florence and Normandie when a crowd formed in response to a police arrest. When the overwhelmed police retreated, it empowered the mob and the riots spread quickly across LA over the next few days.
1. Police misconduct against people of color has been an issue for centuries and continues today, manifesting as racial profiling, excessive use of force, and discrimination.
2. High-profile cases like the shooting of Oscar Grant show how police often assume people of color are criminals and use force without justification. Excuses like fearing for safety are commonly used to explain away brutality against minorities.
3. Statistics indicate most police departments have internal problems like overlooking rule violations and abuse, revealing a systemic issue with police accountability that has led to distrust between communities and law enforcement. Reform is needed to curb misconduct and restore trust.
Obstacles to Investigators Using Electronic Information Technology in the Pro...AJHSSR Journal
ABSTRACT : This study aims to find out and examine the obstacles investigators use electronic information
technology in the process of inquiry and investigation to uncover criminal acts of persecution (a case study of
the persecution that led to the death of the victim Augustine ) normative research supported by empirical data.
The results showed that the obstacles faced by investigators at the DitreskrimumPoldaSultra in the use of
technology related to the process of investigating and investigating cases of abuse that caused the death of
people consisted of 3 (three) obstacles, namely: first , Obstacles in Legal Substance: a. The Criminal Code does
not recognize electronic evidence; b. The evidence in the Electronic Transaction Information Law is not
supported by adequate implementing regulations; and c. There is no progressive legal umbrella in terms of
Standard Operating Procedures for the use of technology in the process of investigating criminal acts of
persecution that cause people to die.
KEYWORDS: Investigators, Electronic Evidence, Persecution.
The Sri Lankan Law is based on the Common Law System. Despite having a sound legal system, it is common notion how certain people exploit the loopholes of it and go above and beyond the law to escape the harsh punishment. This article, looks on how the legal system in Sri Lanka can be approved for a better society and a better tomorrow to combat the rising crime rate in Sri Lanla
Similar to Caveat - VOLUME 06/I, NOVEMBER 2009 - LBH Masyarakat (20)
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
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.
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
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 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 09/II, FEBRUARY 2010 - LBH MasyarakatLBH Masyarakat
In this month’s Main Article column, we examine the controversy currently surrounding the fundamental human rights of freedom of religion and freedom of expression. A recent application for constitutional review of the 1965
Blasphemy Law has re-invigorated the freedom of religion debate in Indonesia.
The Indonesia Constitution and domestic law on human rights guarantee freedom of religion and freedom of worship. Unfortunately, in practice, one cannot rely on this ‘guarantee’ to exercise the right to worship the religion of one’s choice. Those who have beliefs which are different to the mainstream religions may be labelled as deviant, or face physical abuse, as in the case of followers of Islamic sect, Ahmaddiya. This article critiques this gap between words and practice in relation to freedom of religion in Indonesia.
The Additional Feature in this month’s episode highlights the debate around the power of the Attorney General’s Office (AGO) to ban printed materials believed to have the potential to disrupt public order. In December last year, the AGO banned five books by a decree, igniting a debate on
freedom of expression. Author of banned book Enam Jalan Menuju Tuhan, Darmawan, filed an application for constitutional review with the Constitutional Court in February, on the grounds of violation of his right to freedom of expression. The government and supporters of the book
ban defend the actions of the AGO on the basis that freedom of expression and freedom to information are subject to limitation. Notwithstanding this, it is important to critically analyse whether the power to limit these rights is exercised in a manner compatible with the principles of human rights. We argue that, in accordance with the International Covenant on Civil and Political Rights (ICCPR), a degree of proportionate limitation on the exercise of
the right to freedom of expression and information in the name of public order is justifiable. However, even in such
circumstances, the power to ban books must be exercised in accordance with certain criteria; the exercise of power
should be a proportionate response to the threat, it should be exercised in accordance with a set of objective criteria and should be subject to review or appeal.
The final article is an opinion piece written by Ricky Gunawan which looks at the story of Rose, a drug user sentenced by Indonesian courts to rehabilitation. Rose
was asked to pay an amount of money for her rehabilitation even though Indonesia’s Narcotics Law clearly states that the state will pay the treatment costs of drug addicts
found guilty of drug offences under the Narcotics Law. Gunawan criticizes Indonesian’s legal system which is
unprepared to serve convicted drug users in need of rehabilitation.
Caveat - VOLUME 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.
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
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 ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
Reimagining Your Library Space: How to Increase the Vibes in Your Library No ...Diana Rendina
Librarians are leading the way in creating future-ready citizens – now we need to update our spaces to match. In this session, attendees will get inspiration for transforming their library spaces. You’ll learn how to survey students and patrons, create a focus group, and use design thinking to brainstorm ideas for your space. We’ll discuss budget friendly ways to change your space as well as how to find funding. No matter where you’re at, you’ll find ideas for reimagining your space in this session.
A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
हिंदी वर्णमाला पीपीटी, hindi alphabet PPT presentation, hindi varnamala PPT, Hindi Varnamala pdf, हिंदी स्वर, हिंदी व्यंजन, sikhiye hindi varnmala, dr. mulla adam ali, hindi language and literature, hindi alphabet with drawing, hindi alphabet pdf, hindi varnamala for childrens, hindi language, hindi varnamala practice for kids, https://www.drmullaadamali.com
Walmart Business+ and Spark Good for Nonprofits.pdfTechSoup
"Learn about all the ways Walmart supports nonprofit organizations.
You will hear from Liz Willett, the Head of Nonprofits, and hear about what Walmart is doing to help nonprofits, including Walmart Business and Spark Good. Walmart Business+ is a new offer for nonprofits that offers discounts and also streamlines nonprofits order and expense tracking, saving time and money.
The webinar may also give some examples on how nonprofits can best leverage Walmart Business+.
The event will cover the following::
Walmart Business + (https://business.walmart.com/plus) is a new shopping experience for nonprofits, schools, and local business customers that connects an exclusive online shopping experience to stores. Benefits include free delivery and shipping, a 'Spend Analytics” feature, special discounts, deals and tax-exempt shopping.
Special TechSoup offer for a free 180 days membership, and up to $150 in discounts on eligible orders.
Spark Good (walmart.com/sparkgood) is a charitable platform that enables nonprofits to receive donations directly from customers and associates.
Answers about how you can do more with Walmart!"
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.
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
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.
RHEOLOGY Physical pharmaceutics-II notes for B.pharm 4th sem students
Caveat - VOLUME 06/I, NOVEMBER 2009 - LBH Masyarakat
1. CAVEAT
INDONESIA’S MONTHLY HUMAN RIGHTS ANALYSIS
VOLUME 06/I, NOVEMBER 2009
MAIN REPORT |
Indonesia’s Rule
of Law is in Peril
The three-way struggle between the National
Police, the KPK and the Attorney General's Office
has been to the detriment of many; by far, it will
be the Indonesian public that suffers. The
responsibility of the three institutions to uphold
the country's rule of law has failed spectacularly.
To ensure that no one is above the law; that no
one is in a position to abuse the law; to enforce
law upon those who fall foul — the Indonesian
public is no doubt deeply disappointed in the
way that their taxes and votes are being used.
ADDITIONAL FEATURE |
Open Letter to the House of
People’s Representatives on
the Reviewing and Passing
of a New Criminal Code
It is to be welcomed that no one has been
executed in Indonesia so far in 2009. However,
Amnesty International and LBH Masyarakat
remain concerned that Indonesia continues to
retain the death penalty as a punishment under
the Criminal Code and in other laws.
OPINION |
Indonesian Police Torture
Must be Stopped
If an innocent person is tortured to confess a
crime he or she did not commit, it is human
nature to say anything the torturer wants to
hear in order to relieve the suffering. As a result,
the real criminal remains at large, ready to
commit further crimes, while the innocent
person may go to prison.
www.lbhmasyarakat.org
CAVEAT:
Let her or him be aware
2. C A V E A T | november 2009 | 1
CONTENT
THE EDITOR’S CUT | 2
MAIN REPORT | 3
Indonesia’s Rule of Law is in Peril
ADDITIONAL FEATURE | 7
Open Letter to the House of People’s Representatives on the Reviewing and Passing of a New
Criminal Code
OPINION | 12
Indonesian Police Torture Must be Stopped
CAVEAT is published by the Community Legal Aid Institute (LBH Masyarakat), Jakarta,
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editorial piece or article, please contact us: contact@lbhmasyarakat.org
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3. C A V E A T | november 2009 | 2
THE EDITOR’S CUT
Over the past few months, 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
LEMBAGA BANTUAN HUKUM MASYARAKAT
stigmatized and discriminated against.
Thus, “his courage should not go to waste.”
We hope the three features presented in
this edition’s CAVEAT will provide a better
understanding of Indonesia’s rule of law, in
the context of its human rights and
democracy.
Thank you for your ongoing support!
The Editor
4. C A V E A T | november 2009 | 3
MAIN REPORT
Indonesia’s Rule of Law is in Peril
THE STORY SO FAR
On March 14, Nasrudin Zulkarnaen, the
director of state-owned PT Putra Rajawali
Banjaran, was shot twice in the head upon
leaving Modernland Golf Club in Tangerang.
It is alleged that two suspects rode up on a
motorbike alongside the director's car,
firing the shots.
Nasrudin died in hospital the following day.
Shortly after, the police claimed to have
uncovered a plot of extortion, revenge and
corruption and named their suspects —
Daniel Daen, Heri Santoso, Hendrikus Kia
Walen, Fransiskus Tadon Kerans and
Eduardus Ndopo Mbete. The public were
further shocked when police detained three
more high-profile suspects — former South
Jakarta Police Chief Wiliardi Wizar and
businessmen Sigid Haryo Wibisono and
Jerry Hermawan Lodi.
However, the biggest scalp in the police
investigation was the questioning and
subsequent detention of Antasari Azhar,
chairman of the acclaimed Corruption
Eradication Commission (KPK).
Over the ensuing weeks, further details of
the sordid mess were revealed: it was
alleged that Antasari had ordered the
murder of Nasrudin in relation to a love
triangle with the third wife of the director,
golf caddy Rani Juliani, who was taken into a
witness protection program as the
investigation escalated. Possible motives
indicated that the commissioner might have
ordered the hitman-style murder after
Nasrudin and Rani embarked on a blackmail
scheme, threatening to inform Antasari's
family. Rani claimed to have had sex with
Antasari at the Grand Mahakam Hotel in
Jakarta, shortly before Nasrudin entered the
room. Even Nasrudin had his say from the
grave, with Rani's father testifying in court
LEMBAGA BANTUAN HUKUM MASYARAKAT
that his son-in-law had confided he feared
Antasari would kill him.
Antasari pled his innocence, as his team of
attorneys, family and legions of supporters
stood by him. He claimed his arrest was an
attempt to dismantle the often controversial
and highly successful anti-corruption
commission and to ruin his reputation in the
process. He even turned on his colleagues,
alleging that two of his deputies had been
involved in accepting bribes from
businessman Anggoro Widjaja, the owner of
PT Masaro Radiokom, who was a suspect in
a graft case being handled by the KPK.
The backdrop to the whole case was the
debate surrounding a bill in the House of
Representatives, which, if passed, would
severely limit the KPK's ability to
investigate and prosecute corruption
suspects. Both local and international critics
accused the House of stalling on the bill, in
order to have it declared null and void when
the term ended. This bill would see the
Attorney General's regain its powers to
prosecute high-profile corruption cases, in a
move that concerned KPK backers, as the
rivalry between the two institutions — after
the KPK arrested a senior AGO official, Urip
Tri Gunawan, for accepting a bribe last year
— was well-documented and laden with
prejudice.
Despite public pressure, the nation's
primary anti-corruption fighter, President
Yudhoyono, has been unusually withdrawn,
refusing to take a clear stance. However, as
his popularity ratings plummeted, he
appointed an eight-person team to
investigate the KPK scandal, including the
arrest of Antasari, Chandra and Bibit. The
team stated that the charges were "forced"
and recommended that the charges against
the deputy commissioners be dropped due
to a lack of evidence.
5. C A V E A T | november 2009 | 4
The group also urged that institutional
reforms be undertaken at the National
Police and Attorney General's Office and
that any officials found to have fabricated
evidence be held accountable for their
actions.
The Team of 8 also recommended that a
separate inquiry be conducted into whether
Susno Duadji, the former National Police
chief of detectives, had illegally intervened
in the PT Bank Century bailout scandal.
RIVALS: GECKO VS. CROCODILE
Prior to the 2002 law on the Corruption
Eradication Commission, the police and
prosecution service had full power to
investigate and prosecute the litany of
corruption that has plagued the country's
bureaucracy since the 1950s.
In 2002, the law helped establish the
commission, and the reins were passed
over. In the ensuing years, the KPK's 100
percent conviction rate
has
riled
departments in Indonesia's
government,
and
its
investigations into highranking
officials
has
heightened
tensions
between those dedicated to
fighting corruption and
those intent on deception
and graft.
and Chandra M Hamzah, on charges of
extortion and abuse of power in the case of
businessman Anggoro Widjojo (who is
being investigated in relation to a Forestry
Ministry project involving his company).
The move sparked off a huge public outcry
and waves of public support for the
commission, and an independent inquiry,
known as the Team of 8, was launched into
the justification behind the arrests.
THE RECORDINGS
The commission has, on occasion, been
accused of wiretapping its suspects without
justifiable cause. However, some of their
recordings have now been used to absolve
the deputy commissioners of the
allegations.
After days of speculation, lawyers for the
KPK submitted 67 recordings to the
Constitutional Court. For five hours, two
television stations broadcast the damning
evidence across the country, as the
conversations recorded on the tapes
indicated a plot by senior officials and
underworld criminal figures
to implicate the two deputy
commissioners.
One
conversation
chillingly
discussed
the
planned
murder of Chandra in jail.
The tapes have smeared the
reputations of several highranking officials, including
The rivalry reached new
Susno and I Ketut Sudiharsa,
heights
when
the
deputy chairman of the
commission
allegedly
Witness
and
Victim
illegally wiretapped the
Protection Agency (LPSK),
National Police's chief of Figure 1: "I am a gecko, I dare to
Deputy Attorney General
detectives,
Commander fight against crocodile'.
Abdul Hakim Ritonga, Wisnu
General Susno Duadji, in
Subroto, a retired deputy
relation to the government's bailout of Bank
attorney general for intelligence, Anggoro
Century last year. Susno coined the "cicak"
Widjojo and his brother, Anggodo. The
(gecko) and "buaya" (crocodile) names to
impact of the tapes has reached the highest
describe the relationship between the
echelons of government; even President
National Police and the commission.
Susilo Bambang Yudhoyono's name is
mentioned, although he has denied any
Seemingly in response to the investigation
wrongdoing.
into Susno, the National Police detained
deputy commissioners Bibit Samad Rianto
On Nov. 3, mere hours after the tapes were
LEMBAGA BANTUAN HUKUM MASYARAKAT
6. C A V E A T | november 2009 | 5
played in court; Bibit and Chandra were
released from detention.
pressure increases on President Yudhoyono
to take action against those who have been
implicated.
UNDERSTANDING RULE OF LAW
AT RISK: INDONESIA’S RULE OF LAW
"We resolve: To strengthen respect for the
rule of law in international as in national
affairs and, in particular, to ensure
compliance by Member States with the
decisions of the International Court of Justice,
in compliance with the Charter of the United
Nations, in cases to which they are parties."
- Article 9 of the United Nations Millennium
Declaration, of which Indonesia is a
signatory.
The rule of law dictates that the law applies
to all and that no one is above the law. It
relies on a transparent judiciary to enforce
its laws, and prevents individuals or
organizations
from
benefiting
from
impunity. While rule of law often exists in
theory, it is vital that a government
establish public respect for the rule of law,
especially following a period of conflict, to
protect human rights and to allow a nation
to
progress
economically
and
democratically.
A judiciary that enjoys exemption from the
law, or uses its discretion to protect its
members from the law, fails in its
responsibilities to represent its citizens.
Indonesia's police force, Attorney General's
Office and intelligence services have long
been accused of enabling their own to evade
legal procedures. Suciwati, widow of
murdered activist Munir, has even made a
comparison between the alleged cover-up
after her husband's death and the current
plot to implicate members of the KPK.
"I see a very strong indication that the
judicial mafia played a role in Munir's case
by setting it up in such a way that the
prosecution's case was deliberately weak,"
Suciwati told local media recently.
What the Indonesian judiciary seems to
have failed to comprehend is that if they
lose the respect and trust of the public, they
are putting their positions in jeopardy as
LEMBAGA BANTUAN HUKUM MASYARAKAT
The three-way struggle between the
National Police, the KPK and the Attorney
General's Office has been to the detriment of
many; by far, it will be the Indonesian public
that suffers. The responsibility of the three
institutions to uphold the country's rule of
law has failed spectacularly. To ensure that
no one is above the law; that no one is in a
position to abuse the law; to enforce law
upon those who fall foul — the Indonesian
public is no doubt deeply disappointed in
the way that their taxes and votes are being
used.
The fraught relationship between the three
— not to mention the exorbitant cost of the
investigations and subsequent court
proceedings — will have a strong impact on
the Indonesian psyche and its repeated
attempts to stamp out corruption.
Yudhoyono has led this call; he must also
lead the country from this quagmire of
corruption and failed leadership.
For Indonesia's rule of law to resurrect
itself, Yudhoyono's government must
enforce two key aspects. "I see a very strong
Firstly, the implication of indication that the judicial
the National Police and the mafia played a role in
Attorney General's Office, Munir's case by setting it
via the KPK's taped up in such a way that the
conversations,
indicate prosecution's case was
that
the
country's deliberately weak,"
Suciwati told local media
judiciary has failed to act
recently.
as an independent body.
The power and influence
wielded by senior officials and underworld
figures is testimony to this concept.
Secondly, all three bodies involved are
granted extraordinary powers to protect the
citizens of Indonesia. That they have
manipulated these powers to pervert the
law bodes poorly for the continuation of
Indonesia's
judicial
system,
and
subsequently, the strength of democracy in
the country.
7. C A V E A T | november 2009 | 6
LOOKING FORWARD
Indonesia's rule of law is on a downward
spiral. If this investigation has thus far
proven anything, it is that the nepotism and
corruption that has infiltrated the country's
bureaucracy since the 1950s continues to
affect the lives of its citizens.
Indonesians have flocked to their social
networking site of choice to click their
support for Bibit and Chandra, for the KPK.
The numbers total in the millions; but
whether this will translate into people
power
on
the
streets,
such
as
demonstrations the like of the late 1990s, is
yet to be seen. Certainly, Indonesia's
citizens have the ability for instigate change
through vocalizing their opinions and
rallying for their beliefs. However, it would
appear that there is a national crisis of
confidence in the judiciary and possibly in
Yudhoyono's ability to take a stance.
The Team of 8 has presented some strong
recommendations
for
the
judiciary,
including a series of reforms and
independent
inquiries
into
senior
individuals. It would appear that despite the
lashings of rhetoric on transparency and
accountability, many of those in positions of
power have failed to act on their
responsibilities. A lack of control in the
system can undermine public faith and
creates questions about the legitimacy of
the democracy.
President Yudhoyono must act on the
recommendations of the Team of 8, if the
public’s trust in the judicial system is to be
restored and the country’s rule of law is to
retain its credibility.
--
LEMBAGA BANTUAN HUKUM MASYARAKAT
The fraught relationship
between the three — not to
mention the exorbitant cost
of the investigations and
subsequent
court
proceedings — will have a
strong impact on the
Indonesian psyche and its
repeated attempts to stamp
out corruption. Yudhoyono
has led this call; he must also
lead the country from this
quagmire of corruption and
failed leadership.
8. C A V E A T | november 2009 | 7
ADDITIONAL FEATURE
Open Letter to the House of People’s Representatives on the
Reviewing and Passing of a New Criminal Code
Ref: TG ASA 21/2009/45
AI Index: ASA 21/022/2009
Dr Benny Kabur Harman
Chair, Parliamentary Commission III
House of People's Representatives
Jalan Gatot Subroto
Tanahabang 10270
Indonesia
5 November 2009
Dear Dr Benny Kabur Harman,
OPEN LETTER TO THE HOUSE OF PEOPLE’S
REPRESENTATIVES ON THE REVIEWING AND
PASSING OF A NEW CRIMINAL CODE
On behalf of Amnesty International and LBH
Masyarakat (Lembaga Bantuan Hukum
Masyarakat), we would like to welcome you
in your new position as chairperson of the
parliamentary commission specializing in
legal matters. It is our hope that we will be
able to develop a productive relationship
with your committee and work towards
strengthening the rule of law in Indonesia,
in accordance with international human
rights law and standards.
In your first
few months
in office, we
hope that you
will give the
upmost
priority
to
the
review
and passing
of a new
Criminal
Code
respectful of the National Constitution and
the Law on Human Rights (No39/1999).
Furthermore the new Code should ensure
the
incorporation
of
implementing
legislation related to the international
In accordance with recommendations
of the UN Committee on Torture in
2001 and 2008, Indonesia’s Criminal
Code should be amended so as to
include a comprehensive definition of
torture as provided for in Article 1 of
the UNCAT. The Code must also ensure
that at least some acts constituting
cruel, inhuman or degrading treatment
or punishment as defined under Article
16 of the UNCAT are criminalised.
LEMBAGA BANTUAN HUKUM MASYARAKAT
human rights treaties Indonesia has ratified
in recent years, including the UN
Convention on Torture and Cruel, Inhuman
or Degrading Treatment or Punishment
(UNCAT), the International Covenant on
Civil and Political Rights (ICCPR) and the
Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW).
As you are aware, the current Criminal Code
(KUHP, Kitab Undang-undang Hukum
Pidana) has been under revision for many
years; however so far the old version of the
code is still in place, although many of its
provisions fail to meet international human
rights law and standards or conform with
the provisions set out in the Indonesian
Constitution.
During the review of the Criminal Code,
Amnesty International and LBH Masyarakat
recommend that your Commission pays
particular attention to the following areas:
ENSURE CRIMINALISATION OF TORTURE
AND
OTHER
CRUEL,
INHUMAN
OR
DEGRADING TREATMENT OR PUNISHMENT
In accordance with recommendations of the
UN Committee on Torture in 2001 and
2008, Indonesia’s Criminal Code should be
amended so as to include a comprehensive
definition of torture as provided for in
Article 1 of the UNCAT. The Code must also
ensure that at least some acts constituting
cruel, inhuman or degrading treatment or
punishment as defined under Article 16 of
the UNCAT are criminalised. For example,
offences must include, but not be limited to
the following acts (when not amounting to
torture): unnecessary or excessive use of
force, assaults, threats, and wilful neglect
and exploitation of detainees and prisoners,
and cruel, inhuman or degrading
punishments.
Such provisions and
appropriate penalties for those who commit
acts of torture and other ill-treatment
9. C A V E A T | november 2009 | 8
would be a significant step towards
protecting Indonesian citizens from torture
and other ill-treatment by members of the
security forces or with their instigation,
consent or acquiescence. It would ensure
that an adequate framework is in place to
deter future human rights violations and
ensure that victims can bring perpetrators
to justice.
REPEAL
PROVISIONS
FREEDOM OF EXPRESSION
CRIMINALIZING
Amnesty International has long expressed
concerns that the Criminal Code still
contains provisions which violate the right
to freedom of expression. In past years, the
organization has documented the arrest and
imprisonment of tens of peaceful political
activists in Maluku and Papua under
provisions from the Criminal Code, and in
particular
Article
106. 1 Amnesty
International
and
LBH
Masyarakat
recommend that these provisions be
reviewed, amended and in some cases
repealed
to
International
and
LBH
ensure that the
Masyarakat are concerned by
new
Criminal
legal
provisions
which
criminalize defamation acts
Code conforms
(Chapter
XVI
on
with
“Defamation”),
and
in
international
particular Articles 310, 311
standards
on
and 316 which have been used
freedom
of
in recent months in an
expression, and
apparent move to silence
in
particular
human rights defenders while
Article 19 of the
they conduct their legitimate
ICCPR
which
work on behalf of the human
Indonesia
rights of others.
ratified in 2006.
In the review, particular attention should be
paid to Chapter 1 on “Crimes against the
Security of the state”, Chapter 2 “Crimes
against the dignity of the President and Vice
President”, Chapter 3 “Crimes against
1
See Amnesty International, “Jailed for raising a
flag – Prisoners of Conscience in Maluku”, March
2009, AI Index: ASA 21/008/2009.
Weblink:
http://www.amnesty.org/en/library/asset/ASA
21/008/2009/en/83bb8344-a4d3-425d-95d2d36eb886e307/asa210082009en.pdf, accessed
on 29 October 2009.
LEMBAGA BANTUAN HUKUM MASYARAKAT
friendly states and against head and
representatives of friendly states”, and
Chapter 5 “Crimes against the public order”.
Furthermore, Amnesty International and
LBH Masyarakat are concerned by legal
provisions which criminalize defamation
acts (Chapter XVI on “Defamation”), and in
particular Articles 310, 311 and 316 which
have been used in recent months in an
apparent move to silence human rights
defenders while they conduct their
legitimate work on behalf of the human
rights of others. Amnesty International is
aware of at least seven human rights
defenders who have been charged with
criminal defamation, which carries formally
a punishment of over five years’
imprisonment.2
REPEAL PROVISIONS
PENALTY
FOR
THE
DEATH
It is to be welcomed that no one has been
executed in Indonesia so far in 2009.
However, Amnesty International and LBH
Masyarakat
remain
concerned
that
Indonesia continues to retain the death
penalty as a punishment under the Criminal
Code and in other laws. As you may be
aware, there is a global trend towards the
abolition of the death penalty. One of the
most recent countries to abolish capital
punishment is the Philippines. In 2006, the
Philippines abolished the death penalty for
all crimes. Currently 139 countries have
abolished the death penalty in law or
practice. Amnesty International and LBH
2
See Articles 311.1: “Any person who commits
the crime of slander or libel in case proof of the
truth of the charged fact is permitted, shall, if he
does not produce said proof and the charges has
been made against his better judgment, being
guilty of calumny, be punished by a maximum
imprisonment of four years” and Article 316:
“The punishments laid down in the foregoing
articles of this chapter may be enhanced with
one third, if the defamation is committed against
an official, during or on the subject of the legal
exercise of his office.” That means criminal
defamation carries formally the possibly of up to
five years and a few months’ imprisonment (four
years enhanced by one third).
10. C A V E A T | november 2009 | 9
Masyarakat hope that Indonesia will soon
follow this trend and join the Philippines in
showing human rights based leadership on
this issue by abolishing the death penalty.
The role of the death penalty as a deterrent
for future crimes has not been proven.
Recent UN sponsored scientific studies in
1998 and 2002 concluded: "… it is not
prudent to accept the hypothesis that
capital punishment deters murder to a
marginally greater extent than does the
threat and application of the supposedly
lesser punishment of life imprisonment.”3
Furthermore, its use carries the irrevocable
weight of miscarriages of justice.
Figure 2 Courtesy Amnesty International
So far death penalty as a punishment is
contained in many articles of the Criminal
Code for crimes such as premeditated
murder (Article 340) and attacks on the
President or Vice-President (Article 104).4
All these provisions should be removed in
respect of the right to life as enshrined in
Indonesia’s national constitution and other
international human rights law and
standards.
COMBATING VIOLENCE AGAINST WOMEN
AND GENDER BASED DISCRIMINATION IN
ALL ITS FORMS
Amnesty International has welcomed the
passage of the Law regarding the
Elimination of Violence in the Household
(Law No23/2004) which criminalizes a
number of acts of gender-based violence in
the context of the family. 5 However we
remain concerned that some acts of violence
against women are yet to be criminalized
under Indonesian law. For example sexual
harassment outside the domestic sphere
and rape in the context of marriage are yet
to be criminalized. Amnesty International
and LBH Masyarakat recommend that
specific provisions in the new Criminal Code
incorporate provisions prohibiting sexual
harassment in all its forms, and prohibit
rape inside and outside the context of
marriage.
Amnesty International and LBH Masyarakat
note that definitions of rape and sexual
assaults in domestic criminal law should
provide effective protection to individuals’
right
to The role of the death penalty as a
physical and deterrent for future crimes has not
mental
been proven. Recent UN sponsored
integrity.
scientific studies in 1998 and 2002
Therefore
concluded: "… it is not prudent to
definitions of accept the hypothesis that capital
rape should punishment deters murder to a
reflect
the marginally greater extent than does
fact
that the threat and application of the
these crimes supposedly lesser punishment of life
1
imprisonment.” Furthermore, its use
are
carries the irrevocable weight of
committed,
miscarriages of justice.
not
just
through force or threat of force, but also
through coercion, or taking advantage of
someone who is unable to make a genuine
5
3
Roger Hood, The Death Penalty: A World-wide
Perspective, Oxford, Clarendon Press, third
edition, 2002, p. 230.
4
Other articles which provide provisions
allowing for the use of capital punishment
include Articles 111, 124, 140, 365 and 444.
LEMBAGA BANTUAN HUKUM MASYARAKAT
See in particular “Exploitation and abuse: the
plight of women domestic workers in
Indonesia”, AI Index: AI Index: ASA
21/001/2007.
Weblink:
http://www.amnesty.org/en/library/asset/ASA
21/001/2007/en/404b2f23-d3c5-11dd-8743d305bea2b2c7/asa210012007en.pdf, accessed
on 29 October 2009.
11. C A V E A T | november 2009 | 10
choice (for example, because they are
unconscious, asleep, or unable to make a
decision because of incapacity).
Further Amnesty International and LBH
Masyarakat are concerned that currently
the Criminal Code contains provisions
criminalizing adultery in contravention with
international human rights standards
(Article 284). Such provisions violate
international law and standards relating to
physical and mental integrity, and their
implementation tends to violate equality
before the law, as women tend to be
prosecuted disproportionately.
REPEAL
PROVISIONS
CRIMINALIZING
ABORTION AND ACCESS TO EDUCATION
ABOUT SEXUALITY AND REPRODUCTION
With one of the highest rates of maternal
mortality in the East Asia and Pacific region,
Indonesia is still a long way away from
meeting its Millennium Development Goals
targets of reducing by three-quarters
maternal mortality ratios between 1990 and
2015. Unsafe abortions and unwanted
pregnancies
Amnesty International campaigns
are among the
worldwide for the decriminalization
underlying
of laws on abortion to ensure that
causes of the
victims of rape and incest, and
current
high
women, who may be experiencing
life- threatening complications due to
rates
of
pregnancy, can have access to
maternal
abortion-related services. Amnesty
mortality
in
International campaigns for any
Indonesia.6
woman who suffers complications
from an abortion to have access to
the medical services she needs,
whether she obtained the abortion
legally or illegally.
Decriminalizin
g abortion (see
Articles
346,
347, 348, and
349) would be a positive step towards
combating maternal mortality by ensuring
that women who have had an abortion and
6
It is estimated that 11% of maternal deaths in
Indonesia are due to unsafe abortions and that
7% of births are unwanted. In Indonesia’s
Progress Report on the Millenium Development
Goals, 2004.
Weblink:
http://www.undp.or.id/pubs/imdg2004/Englis
h/MDG-IDN_English_Goal5.pdf, accessed on 29
October 2009.
LEMBAGA BANTUAN HUKUM MASYARAKAT
face medical complications are able to
access life-saving treatment. It would lift
fears amongst women and medical
practitioners that they may be facing
criminal prosecutions and imprisonment if
they seek care or provide medical
assistance.
Amnesty
International
campaigns
worldwide
for
the
decriminalization of laws on abortion to
ensure that victims of rape and incest, and
women, who may be experiencing lifethreatening
complications
due
to
pregnancy, can have access to abortionrelated services. Amnesty International
campaigns for any woman who suffers
complications from an abortion to have
access to the medical services she needs,
whether she obtained the abortion legally
or illegally.
Access to information on sexual and
reproductive rights without discrimination
is also vital to combat unwanted
pregnancies. Articles 534 and 535 of the
Criminal Code currently criminalize
supplying information to young people
relating to the prevention of pregnancy.
Such a provision is in violation of the right
to seek, receive and impart information
relating to sexuality and reproduction and
should be eliminated from the criminal law.
CRIMINALISE
CRIMES
INTERNATIONAL LAW
UNDER
The new Criminal Code should provide for
trials in Indonesia’s courts of crimes under
international law. These include genocide,
crimes against humanity and the war crimes
listed in the Rome Statute of the
International Criminal Court, as well as war
crimes not listed in the Statute (such as
certain grave breaches and other serious
violations of Protocol Additional to the
Geneva Conventions of 12 August 1949, and
relating to the Protection of Victims of
International Armed Conflict - Protocol I and certain violations of international
humanitarian law in non-international
armed conflict) and torture, extrajudicial
executions and enforced disappearances as
discrete acts. The definitions should be as
broad as the definitions in the Rome Statute,
but whenever international treaties (such as
12. C A V E A T | november 2009 | 11
Protocol I) or customary law contains
stronger definitions than those in the
Statute, these definitions should be
incorporated into national law.
Please do let us know if you have any
questions. We would be pleased to discuss
with you the reform of the Criminal Code
and other areas of mutual concern.
Yours sincerely,
Isabelle Arradon
Researcher on Indonesia and Timor-Leste
Ricky Gunawan
LBH Masyarakat Programme Director
--
Access to information on sexual
and reproductive rights without
discrimination is also vital to
combat unwanted pregnancies.
Articles 534 and 535 of the
Criminal
Code
currently
criminalize supplying information
to young people relating to the
prevention of pregnancy. Such a
provision is in violation of the right
to seek, receive and impart
information relating to sexuality
and reproduction and should be
eliminated from the criminal law.
LEMBAGA BANTUAN HUKUM MASYARAKAT
13. C A V E A T | november 2009 | 12
OPINION
Indonesian Police Torture Must be
Stopped
By: Ricky Gunawan *
Jakarta, Indonesia — The chief of the
Indonesian National Police issued a
regulation earlier this year regarding
human rights protections for those in police
custody. One article clearly prohibits
arbitrary arrest and detention as well as
torture. Although this is positive action, the
regulation is useless, as torture by the police
continues.
On Oct. 27 and 28 a transgender sex worker
who goes by the name Riko was severely
tortured by police officers at the South
Jakarta Resort Police. It began when a
person filed a police report regarding his
lost cell phones five days earlier. According
to the complainant, the person who stole his
phones was a transgender person who liked
to hang out in the area.
On the night of Oct. 27, Riko was chatting
with transgender friends when seven police
officers, four in uniform, came with the
complainant, who accused Riko of the theft.
Riko denied the allegation and told the
police officers that he was at a friend’s
house when the crime was allegedly
committed. But the policemen forced Riko
into their car and drove to the South Jakarta
Resort Police Station, where he was forced
to confess. Still he insisted he was innocent.
Then he was driven to an empty street not
far from the police station where around 20
police officers, most of them drunk, were
waiting. It was close to midnight. Riko was
asked again whether he had stolen the cell
phones, and he replied he had not.
The police then threw a bottle of beer at his
head and began an assault that lasted
almost four hours. He was beaten and
kicked; his head was banged against a pillar
twice; his head and eyes were hit repeatedly
LEMBAGA BANTUAN HUKUM MASYARAKAT
with police boots; his back was kicked; he
was stripped and verbally abused; his arms
and back were burned with cigarettes every
time he denied the theft.
Around 3:00 a.m. Riko was taken to Blok M
Police Post, where he was again tortured. He
was then locked in a small cell. In the
morning he asked for some water, but the
police refused to give him any. After more
than 12 hours in solitary confinement, at
around 4:30 p.m., Riko was released
without explanation.
Two days later Riko wanted to file a
complaint with the Jakarta Regional Police,
but he was rejected for the petty reason that
he did not have an ID card. Later his lawyer
filed a complaint on his behalf.
Despite ratification of the U.N. Convention
Against Torture 11 years ago and repeated
calls from the international community to
pass its own law against torture, Indonesia
is still reluctant to criminalize this practice.
Therefore victims have no legal avenue to
pursue justice.
Riko has not been provided any redress for
the injustice he suffered. It is hard to
imagine that he ever will. Until today, no
torture victims have obtained adequate
reparation.
Moreover,
no
police
perpetrators have been brought to justice,
given the absence of torture laws within the
country.
Police institutions have, on many occasions,
acknowledged that a suspect’s confession or
information is not the top priority as
evidence in criminal proceedings. Then why
is it so hard for the police to stop using
torture? Apparently they fail to comprehend
14. C A V E A T | november 2009 | 13
that torture undermines the criminal justice
system.
If an innocent person is tortured to confess
a crime he or she did not commit, it is
human nature to say anything the torturer
wants to hear in order to relieve the
suffering. As a result, the real criminal
remains at large, ready to commit further
crimes, while the innocent person may go to
prison.
Torture also erodes the possibility of a fair
trial. An important aspect of a fair trial is the
presumption of innocence. Only the court
has the authority to decide who is guilty and
what punishment is deserved. But in Riko’s
case, he was inhumanely punished by police
officers without any chance of a trial.
Instead of collecting testimony from
witnesses and other supporting evidence,
the police opted to torture Riko, as they
believed it was the easiest way to make him
confess.
Riko’s case is only one of many examples of
torture
frequently
experienced
by
transgender people and sex workers. His
audacity in coming forward to complain of
torture is highly appreciated, as a member
of a vulnerable group that is stigmatized
and discriminated against. His courage
should not go to waste.
Indonesia should make an example of his
case, conduct a thorough investigation into
his torture and hold the perpetrators
responsible. This is important not only to
bring Riko justice, but to send a clear signal
that this kind of illegal and abusive behavior
by police officers will not be tolerated.
-(Ricky Gunawan holds a law degree from the
University of Indonesia. He is program director of
the Community Legal Aid Institute, or LBH
Masyarakat, based in Jakarta. The institute
provides pro bono legal aid and human rights
education for disadvantaged and marginalized
people.)
--
LEMBAGA BANTUAN HUKUM MASYARAKAT
This article was originally published on 4
November 2009 at:
http://www.upiasia.com/Human_Rights/2009/1
1/04/indonesian_police_torture_must_be_stopped
/8862/
15. C A V E A T | november 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 | november 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