In this month’s Main Report we bring you coverage on a current LBH Masyarakat case. Humphery Ejike, a Nigerian national has been sentenced to death by a South Jakarta District Court after being convicted as a drug dealer. However the court failed to fully prove Mr Ejike’s guilt, instead it is alleged that the charge was fabricated and the judges were influenced by the race of the accused, rather than the evidence presented to the court. Such judicial prejudice has not only violated the Bangalore Principles, which mandates judges to examine cases impartially and in spirit of equality but the case has also violated Mr Ejike’s basic human rights as guaranteed by the 1945 Constitution and Convention on All Forms of Racial Discrimination (CERD) which was ratified by Indonesia in 1999. In addition to being discriminated against because of his race, Jeff has also had his right to fair trial violated as he was not given access to legal counsel or an appropriate interpreting service. The Additional Feature on this edition of CAVEAT reports on the after math of May 1998 riots and reflects on the wounds that have yet to be healed on the 12th anniversary of the events. The article explores the lack of justice obtained by the government on behalf of the many victims despite the abolition of Suhartos New Order regime. “Building A Rights-Based Approach of HIV/AIDS Case and Policy Advocacy” in Jakarta. Yoseph Adi Prasetyo from the National Human Rights Commission and human rights lawyer Taufik Basari attended the workshop to deliver presentation on the issue of HIV/AIDS, human rights and legal advocacy. The complete report on this workshop may be found in this edition’s Reportage. Last but not least, the Opinion Piece is an open letter written by the Asian Human Rights Commission to the Chief of the Indonesian National Police regarding the shooting of five terrorist suspects in Cikampek and Cawang.
Caveat - VOLUME 02/I, JULY 2009 - LBH MasyarakatLBH Masyarakat
With Indonesia holding its second-ever direct presidential election on July 8, the main report will look at what human right issues need to be addressed by the incumbent President Susilo Bambang Yudhoyono in his second-five tenure. We will outline which issues were not resolved
in the last 5 years and address forthcoming challenges for the future government. The key hurdles facing the government in terms of human rights legislation is also examined in this part. Whether or not the government
can offer a more practical solution to human rights issues, rather than simply rhetoric, is a key underlying message in this report.
We are also aware that Indonesia is facing many pressing human rights challenges in the next five years, and recognize that they will not all be solved tomorrow. These
range from civil and political rights to economic, social and cultural rights. Issues of poverty and HIV/AIDS are of particular concern in Indonesia, and will probably take
several years to address effectively.
We did not attempt to overview all issues afflicting Indonesia in just this one edition, as we are aware that we are not experts in all fields. Instead, we focused on some key topics through which we evaluate the broader human rights perspective for Indonesia.
With National Children’s Day being celebrated across the archipelago on July 23 in schools and community groups, we thought it pertinent to take a closer look at children’s rights in Indonesia. Through an examination of four cases currently being advocated by LBH Masyarakat, this report
explores the weaknesses of the juvenile law and the failures of child protection in Indonesia. It also recommends necessary steps needed to be taken by law enforcement, the government and other key groups to ensure these laws are strengthened and adhered to.
Ultimately, looking at the bigger picture, Indonesia needs to reform its juvenile law and base any new legislation on the
quintessential elements of children’s rights. The best interest of the child should be placed at the very heart of this consideration.
An opinion piece titled Indonesia’s Outdated Laws Need Revision by Answer C. Styannes will round out this month’s CAVEAT. She argues that there are several elements
missing, or just being ignored, in the endless debate surrounding Article 160 of the Indonesian Penal Code versus freedom of opinion.
Caveat - Volume November 2012-January 2013 - LBH MasyarakatLBH Masyarakat
The Indonesian House of Representatives (DPR) has agreed to discuss the Draft of the Indonesian Criminal Code in its 2013 National Legislation Program (Prolegnas), together with other 69 Draft Laws. This, of course, is an encouraging development given that Indonesia has been trying for the longest time to enact its new Criminal Code. The current Indonesian Criminal Code is a legacy of the Dutch colonial
era. It is, therefore, essential to have an updated version of the Criminal Code to reflect modern development of criminal law as well as international human rights standards.
In 2006, it is estimated that 5,129 inmates in Indonesia are affected by HIV and AIDS, accounting for as much as 3% of the estimated total of people living with HIV and AIDS in the country. There is a growing concern of HIV transmission in prisons stemming from the relatively high percentage of AIDS-related deaths in prison. Although the overall mortality in prisons has decreased from 2007 to 2009, AIDS-related deaths have actually increased.
In its 2012 year end press release, the Indonesian National
Narcotic Board (BNN) stated that 71 drug offenders have
been sentenced to death in Indonesia. Twenty of them are
Indonesian nationals while the remaining 51 are foreigners.
One Indonesian national who was on death row for drug
offense is Meirika Franola or also known as Ola. President
Susilo Bambang Yudhoyono gave clemency to Ola in 2011 and commuted his sentence from death penalty to life sentence. The clemency given to Ola appears to be no longer valued when BNN exposed drug trafficking that dragged Ola again.
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 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 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 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 February-March 2013 - LBH MasyarakatLBH Masyarakat
The Indonesian Civil Society Coalition against the Death Penalty (HATI Coalition) condemns the recent execution of Adami Wilson by the Attorney General’s Office, on Thursday, 14 March 2013.
“All human beings are born free and equal”. Regardless of the reality, this is the value that underpins human rights. Human rights is about equality, about everybody having the same rights, and that the government has the obligation to protect, respect and fulfill it. But, what if there area group of people who,since early in their lives, are discriminated and seen as less of a human being, and then thrust into marginalization,unable to claim their rights? What role must the government play to protect the rights of these people?
Monday, 18 March 2013, the Central Jakarta District Court decided to send a child who uses drugs to receive rehabilitation in a government social rehabilitation for children. Vince (not his real name) was one of ten suspects who were involved in this case. The proceedings were relatively quick and should be appreciated as the judge handed down the rehabilitation verdict to the child instead of imprisonment and put priority on children rights throughout the process.
Caveat - VOLUME 02/I, JULY 2009 - LBH MasyarakatLBH Masyarakat
With Indonesia holding its second-ever direct presidential election on July 8, the main report will look at what human right issues need to be addressed by the incumbent President Susilo Bambang Yudhoyono in his second-five tenure. We will outline which issues were not resolved
in the last 5 years and address forthcoming challenges for the future government. The key hurdles facing the government in terms of human rights legislation is also examined in this part. Whether or not the government
can offer a more practical solution to human rights issues, rather than simply rhetoric, is a key underlying message in this report.
We are also aware that Indonesia is facing many pressing human rights challenges in the next five years, and recognize that they will not all be solved tomorrow. These
range from civil and political rights to economic, social and cultural rights. Issues of poverty and HIV/AIDS are of particular concern in Indonesia, and will probably take
several years to address effectively.
We did not attempt to overview all issues afflicting Indonesia in just this one edition, as we are aware that we are not experts in all fields. Instead, we focused on some key topics through which we evaluate the broader human rights perspective for Indonesia.
With National Children’s Day being celebrated across the archipelago on July 23 in schools and community groups, we thought it pertinent to take a closer look at children’s rights in Indonesia. Through an examination of four cases currently being advocated by LBH Masyarakat, this report
explores the weaknesses of the juvenile law and the failures of child protection in Indonesia. It also recommends necessary steps needed to be taken by law enforcement, the government and other key groups to ensure these laws are strengthened and adhered to.
Ultimately, looking at the bigger picture, Indonesia needs to reform its juvenile law and base any new legislation on the
quintessential elements of children’s rights. The best interest of the child should be placed at the very heart of this consideration.
An opinion piece titled Indonesia’s Outdated Laws Need Revision by Answer C. Styannes will round out this month’s CAVEAT. She argues that there are several elements
missing, or just being ignored, in the endless debate surrounding Article 160 of the Indonesian Penal Code versus freedom of opinion.
Caveat - Volume November 2012-January 2013 - LBH MasyarakatLBH Masyarakat
The Indonesian House of Representatives (DPR) has agreed to discuss the Draft of the Indonesian Criminal Code in its 2013 National Legislation Program (Prolegnas), together with other 69 Draft Laws. This, of course, is an encouraging development given that Indonesia has been trying for the longest time to enact its new Criminal Code. The current Indonesian Criminal Code is a legacy of the Dutch colonial
era. It is, therefore, essential to have an updated version of the Criminal Code to reflect modern development of criminal law as well as international human rights standards.
In 2006, it is estimated that 5,129 inmates in Indonesia are affected by HIV and AIDS, accounting for as much as 3% of the estimated total of people living with HIV and AIDS in the country. There is a growing concern of HIV transmission in prisons stemming from the relatively high percentage of AIDS-related deaths in prison. Although the overall mortality in prisons has decreased from 2007 to 2009, AIDS-related deaths have actually increased.
In its 2012 year end press release, the Indonesian National
Narcotic Board (BNN) stated that 71 drug offenders have
been sentenced to death in Indonesia. Twenty of them are
Indonesian nationals while the remaining 51 are foreigners.
One Indonesian national who was on death row for drug
offense is Meirika Franola or also known as Ola. President
Susilo Bambang Yudhoyono gave clemency to Ola in 2011 and commuted his sentence from death penalty to life sentence. The clemency given to Ola appears to be no longer valued when BNN exposed drug trafficking that dragged Ola again.
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 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 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 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 February-March 2013 - LBH MasyarakatLBH Masyarakat
The Indonesian Civil Society Coalition against the Death Penalty (HATI Coalition) condemns the recent execution of Adami Wilson by the Attorney General’s Office, on Thursday, 14 March 2013.
“All human beings are born free and equal”. Regardless of the reality, this is the value that underpins human rights. Human rights is about equality, about everybody having the same rights, and that the government has the obligation to protect, respect and fulfill it. But, what if there area group of people who,since early in their lives, are discriminated and seen as less of a human being, and then thrust into marginalization,unable to claim their rights? What role must the government play to protect the rights of these people?
Monday, 18 March 2013, the Central Jakarta District Court decided to send a child who uses drugs to receive rehabilitation in a government social rehabilitation for children. Vince (not his real name) was one of ten suspects who were involved in this case. The proceedings were relatively quick and should be appreciated as the judge handed down the rehabilitation verdict to the child instead of imprisonment and put priority on children rights throughout the process.
Caveat - VOLUME 10/II, MARCH 2010 - LBH MasyarakatLBH Masyarakat
The practice of framing not only violates a persons right to liberty and security because the victims are arrested, detained, and sentenced on unreasonable grounds,
but framing also violates a persons right not to be tortured. Framing victims have stated they had no choice but to admit to crimes that they did not commit after being
tortured. Despite the clear severity of framing crimes, framing unfortunately is not categorized as a human rights violation or even a crime in Indonesia. It’s seen as
merely a violation of the police code of conduct and thus perpetrators are not punished properly. The absence of proper punishment for framing is aggravated by the
fact that both internal and external monitoring mechanisms of the police institution are very weak. The phenomenon
of framing has stressed the need for reformation in the police institution.
Similarly our additional feature in this CAVEAT also calls for police reform. The article tells of the confession of Susno
Duadji -former National Police Head of Criminal Investigators- stating that a number of high ranking officers were involved corrupt activities during the investigation of an IDR 25 billion (US$ 2,75 millions) tax case. Susno’s confession has polarized public opinion. His supporters see
Susno’s comments as a strong sign for reformation within police institution whereas detractors claim him to be
unethical and manipulative. Either way it is clear that reform is needed to halt the rampant corruption from within the Polri.
We’re happy to inform you that we have started our new programme in conducting law and human rights education for people living with HIV/AIDS (PLHAs). Supported by the International Development Law Organization (IDLO), we have initiated our programme to empower more communities including Injection Drug Users (IDU), sex
workers, and lesbian, gay, bisexual, transgender (LGBT) communities. Besides starting our new programme, we are
continuing our current activities including our cooperation with the Voice of Human Rights (VHR) in broadcasting a law and human rights consultation radio show regularly. You can find more details about our activities in Reportage.
This month’s Rights in Asia report brings you human rights issues from three Asian countries: India, Sri Lanka, and Pakistan.
Last but not least, the opinion piece ‘Protecting Foreigners’ Rights in Indonesia’ written by Answer C. Styannes explores the provision in Constitutional Court Law which
enables foreigners to lodge a constitutional review to Constitutional Court. Styannes argues that the fact that the constitution is a social contract between the state and its
citizens does not mean that it is not allowed to provide human rights protections to foreigners.
Caveat - VOLUME 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 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.
All human beings are born free and equal in dignity and rights. It has been rightly proclaimed in the American declaration of independence that “all men are created equal, that they are endowed by their Created with certain unalienable rights….” Similarly, Indian Constitution has ensured and enshrined Fundamental rights for all citizens irrespective of caste, creed, religion, color, sex or nationality. These basic rights, commonly known as human rights, are recognized the world over as basic rights with which every individual is born.
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.
Caveat - Volume September-October 2012 - LBH MasyarakatLBH Masyarakat
The idea of reforming Indonesian criminal justice system by amending the current Criminal Procedure Code (KUHAP) has been in suspended animation for much of the last decade. The draft revision has not been enacted and the progress to pass the draft revision practically halted. At
this pace it may take another decade for the draft to be passed and one may even conclude that the government and the parliament seem to not want to pass it at all. This is at odds with their enthusiasm to hastily pass legislation of lesser importance as of late.
On 17 November 2011, the Indonesian government, together with the other nine governments of South East Asian countries, declared political commitments to achieve zero new HIV infection, zero discrimination, and zero AIDS-related deaths. The fact that HIV epidemic in this region
has affected more than 1.5 million people, and the concern that such epidemic may have negative consequences on the realization of an ASEAN Community, has led these ten countries to declare and renew their political commitment in achieving the ‘Getting to Zero’ goals.
In February 2012, the Community Legal Aid Institute (LBH Masyarakat) filed a right-to-information request to the National Narcotic Board (BNN) asking for copies of three of their regulations related with the investigation of drug offences. Those regulations are, Regulation of the Head of BNN number 3 of 2011 regarding the Technique of Controlled Delivery, Regulation of the Head of BNN number 4 of 2011 regarding the Technique of Undercover Purchase, and Regulation of the Head of BNN number 5 of 2011 regarding the Technique of Inquiry and Investigation of Drug Offences. However, in March 2012, BNN declined the request arguing that the regulations in question were exempted from the public information category. In April 2012, LBH Masyarakat filed an objection with regard to that decision.
Caveat - VOLUME 06/I, NOVEMBER 2009 - LBH MasyarakatLBH Masyarakat
Indonesia has been stunned by the drama of the rivalry
between the Indonesian National Police and the Corruption Eradication Commission (KPK) as the anti-corruption saga reaches new heights. There was public outcry when
police detained two of the KPK’s deputy commissioners. This sentiment escalated when the Constitutional Court heard wiretapped recordings of conversations between high-ranking law enforcement officials and suspects in corruption cases. The recordings indicate that there is a systemic plot to eliminate the KPK and further, that justice has not been served. In this state of affairs, President Susilo Bambang Yudhoyono’s awkward neutrality is disheartening. His strong commitment to fighting corruption must be translated into practice as the epic between the “gecko” (KPK) and the “crocodile” (Indonesian police) – as coined by the latter – is alarming and threatens to collapse the country’s rule of law.
Our main report in this edition of CAVEAT will take you along the journey of this saga and examine how
Indonesia should take the opportunity to complete a thorough reform of its law enforcement institutions.
In the additional feature, we present a joint open letter by LBH Masyarakat and Amnesty International addressed to
Commission III of the Indonesian House of Representatives regarding a review of the draft of the Indonesian Criminal Code. In the open letter, we focus on several issues:
Torture, freedom of expression, the death penalty, discrimination and violence against women, and crimes under international law.
Finally, Ricky Gunawan raises a recent torture case experienced by a transgender sex worker in his opinion piece entitled, “Indonesian Police Torture Must Be
Stopped.” He argues that the victim’s audacity in coming forward to complain of torture is heroic, given that he is a member of a vulnerable group that is often stigmatized and discriminated against. Thus, “his courage should not go to waste.”
International Journal of Humanities and Social Science Invention (IJHSSI) is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. IJHSSI publishes research articles and reviews within the whole field Humanities and Social Science, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online.
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 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’.
LGBT Indonesians continue to exist. During the month of May, LGBT groups celebrated International Day Against Homophobia and Transphobia (IDAHOT) and emerged to the public following an onslaught of attacks, diatribes and allegations in the beginning of 2016.
Tiga Hari Terakhir Bersama Rodrigo Gularte - Christina WLBH Masyarakat
When I tried to strengthen myself from the sense of feeling guilty, because I would not be able to escape him from the death penalty 3 days later, one of the executors who wore glasses said, “Mrs. Christina, please explain to Rodrigo once again that he should accept the notification and you should inform us the 4 last wishes that Rodrigo would like to propose. According to the regulation, we should provide Rodrigo’s will before the execution” While nodding, I said to myself, “Lord, please encourage Rodrigo and us.”
The Last Three Days with Rodrigo Gularte - Christina WLBH Masyarakat
Ketika saya sedang berusaha menguatkan perasaan saya dari rasa bersalah, karena saya tidak akan pernah bisa meloloskan dia dari pelaksanaan eksekusi 3 hari kemudian, seorang eksekutor yang berkacamata menyampaikan, “Bu Christina, tolong besok dijelaskan sekali lagi pada Rodrigo, ya, supaya dia bisa menerimanya dan ibu harus bisa menyampaikan kepada kami, apa 4 permintaan terakhir Rodrigo, karena dalam peraturan diberikan hak-haknya demikian sebelum dieksekusi.” Sambil mengangguk saya berkata dalam hati, “Tuhan, kuatkanlah Rodrigo, kuatkanlah kami.”
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Similar to Caveat - VOLUME 12/II, MAY 2010 - LBH Masyarakat
Caveat - VOLUME 10/II, MARCH 2010 - LBH MasyarakatLBH Masyarakat
The practice of framing not only violates a persons right to liberty and security because the victims are arrested, detained, and sentenced on unreasonable grounds,
but framing also violates a persons right not to be tortured. Framing victims have stated they had no choice but to admit to crimes that they did not commit after being
tortured. Despite the clear severity of framing crimes, framing unfortunately is not categorized as a human rights violation or even a crime in Indonesia. It’s seen as
merely a violation of the police code of conduct and thus perpetrators are not punished properly. The absence of proper punishment for framing is aggravated by the
fact that both internal and external monitoring mechanisms of the police institution are very weak. The phenomenon
of framing has stressed the need for reformation in the police institution.
Similarly our additional feature in this CAVEAT also calls for police reform. The article tells of the confession of Susno
Duadji -former National Police Head of Criminal Investigators- stating that a number of high ranking officers were involved corrupt activities during the investigation of an IDR 25 billion (US$ 2,75 millions) tax case. Susno’s confession has polarized public opinion. His supporters see
Susno’s comments as a strong sign for reformation within police institution whereas detractors claim him to be
unethical and manipulative. Either way it is clear that reform is needed to halt the rampant corruption from within the Polri.
We’re happy to inform you that we have started our new programme in conducting law and human rights education for people living with HIV/AIDS (PLHAs). Supported by the International Development Law Organization (IDLO), we have initiated our programme to empower more communities including Injection Drug Users (IDU), sex
workers, and lesbian, gay, bisexual, transgender (LGBT) communities. Besides starting our new programme, we are
continuing our current activities including our cooperation with the Voice of Human Rights (VHR) in broadcasting a law and human rights consultation radio show regularly. You can find more details about our activities in Reportage.
This month’s Rights in Asia report brings you human rights issues from three Asian countries: India, Sri Lanka, and Pakistan.
Last but not least, the opinion piece ‘Protecting Foreigners’ Rights in Indonesia’ written by Answer C. Styannes explores the provision in Constitutional Court Law which
enables foreigners to lodge a constitutional review to Constitutional Court. Styannes argues that the fact that the constitution is a social contract between the state and its
citizens does not mean that it is not allowed to provide human rights protections to foreigners.
Caveat - VOLUME 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 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.
All human beings are born free and equal in dignity and rights. It has been rightly proclaimed in the American declaration of independence that “all men are created equal, that they are endowed by their Created with certain unalienable rights….” Similarly, Indian Constitution has ensured and enshrined Fundamental rights for all citizens irrespective of caste, creed, religion, color, sex or nationality. These basic rights, commonly known as human rights, are recognized the world over as basic rights with which every individual is born.
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.
Caveat - Volume September-October 2012 - LBH MasyarakatLBH Masyarakat
The idea of reforming Indonesian criminal justice system by amending the current Criminal Procedure Code (KUHAP) has been in suspended animation for much of the last decade. The draft revision has not been enacted and the progress to pass the draft revision practically halted. At
this pace it may take another decade for the draft to be passed and one may even conclude that the government and the parliament seem to not want to pass it at all. This is at odds with their enthusiasm to hastily pass legislation of lesser importance as of late.
On 17 November 2011, the Indonesian government, together with the other nine governments of South East Asian countries, declared political commitments to achieve zero new HIV infection, zero discrimination, and zero AIDS-related deaths. The fact that HIV epidemic in this region
has affected more than 1.5 million people, and the concern that such epidemic may have negative consequences on the realization of an ASEAN Community, has led these ten countries to declare and renew their political commitment in achieving the ‘Getting to Zero’ goals.
In February 2012, the Community Legal Aid Institute (LBH Masyarakat) filed a right-to-information request to the National Narcotic Board (BNN) asking for copies of three of their regulations related with the investigation of drug offences. Those regulations are, Regulation of the Head of BNN number 3 of 2011 regarding the Technique of Controlled Delivery, Regulation of the Head of BNN number 4 of 2011 regarding the Technique of Undercover Purchase, and Regulation of the Head of BNN number 5 of 2011 regarding the Technique of Inquiry and Investigation of Drug Offences. However, in March 2012, BNN declined the request arguing that the regulations in question were exempted from the public information category. In April 2012, LBH Masyarakat filed an objection with regard to that decision.
Caveat - VOLUME 06/I, NOVEMBER 2009 - LBH MasyarakatLBH Masyarakat
Indonesia has been stunned by the drama of the rivalry
between the Indonesian National Police and the Corruption Eradication Commission (KPK) as the anti-corruption saga reaches new heights. There was public outcry when
police detained two of the KPK’s deputy commissioners. This sentiment escalated when the Constitutional Court heard wiretapped recordings of conversations between high-ranking law enforcement officials and suspects in corruption cases. The recordings indicate that there is a systemic plot to eliminate the KPK and further, that justice has not been served. In this state of affairs, President Susilo Bambang Yudhoyono’s awkward neutrality is disheartening. His strong commitment to fighting corruption must be translated into practice as the epic between the “gecko” (KPK) and the “crocodile” (Indonesian police) – as coined by the latter – is alarming and threatens to collapse the country’s rule of law.
Our main report in this edition of CAVEAT will take you along the journey of this saga and examine how
Indonesia should take the opportunity to complete a thorough reform of its law enforcement institutions.
In the additional feature, we present a joint open letter by LBH Masyarakat and Amnesty International addressed to
Commission III of the Indonesian House of Representatives regarding a review of the draft of the Indonesian Criminal Code. In the open letter, we focus on several issues:
Torture, freedom of expression, the death penalty, discrimination and violence against women, and crimes under international law.
Finally, Ricky Gunawan raises a recent torture case experienced by a transgender sex worker in his opinion piece entitled, “Indonesian Police Torture Must Be
Stopped.” He argues that the victim’s audacity in coming forward to complain of torture is heroic, given that he is a member of a vulnerable group that is often stigmatized and discriminated against. Thus, “his courage should not go to waste.”
International Journal of Humanities and Social Science Invention (IJHSSI) is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. IJHSSI publishes research articles and reviews within the whole field Humanities and Social Science, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online.
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 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’.
LGBT Indonesians continue to exist. During the month of May, LGBT groups celebrated International Day Against Homophobia and Transphobia (IDAHOT) and emerged to the public following an onslaught of attacks, diatribes and allegations in the beginning of 2016.
Tiga Hari Terakhir Bersama Rodrigo Gularte - Christina WLBH Masyarakat
When I tried to strengthen myself from the sense of feeling guilty, because I would not be able to escape him from the death penalty 3 days later, one of the executors who wore glasses said, “Mrs. Christina, please explain to Rodrigo once again that he should accept the notification and you should inform us the 4 last wishes that Rodrigo would like to propose. According to the regulation, we should provide Rodrigo’s will before the execution” While nodding, I said to myself, “Lord, please encourage Rodrigo and us.”
The Last Three Days with Rodrigo Gularte - Christina WLBH Masyarakat
Ketika saya sedang berusaha menguatkan perasaan saya dari rasa bersalah, karena saya tidak akan pernah bisa meloloskan dia dari pelaksanaan eksekusi 3 hari kemudian, seorang eksekutor yang berkacamata menyampaikan, “Bu Christina, tolong besok dijelaskan sekali lagi pada Rodrigo, ya, supaya dia bisa menerimanya dan ibu harus bisa menyampaikan kepada kami, apa 4 permintaan terakhir Rodrigo, karena dalam peraturan diberikan hak-haknya demikian sebelum dieksekusi.” Sambil mengangguk saya berkata dalam hati, “Tuhan, kuatkanlah Rodrigo, kuatkanlah kami.”
Surat Keberatan Terbuka LBH Masyarakat - PKNI - Yayasan STIGMA: Cabut Iklan K...LBH Masyarakat
Kami mendesak BNN untuk segera menghapus atau mencabut kedua publikasi tersebut yang telah termuat di dalam media-media sosial milik BNN. Kami juga mendesak agar BNN memastikan bahwa setiap publikasi dan informasi yang disampaikan ke publik ke depannya adalah publikasi dan informasi yang berbasiskan pada bukti ilmiah dan disesuaikan dengan kondisi masyarakat Indonesia dengan pemahamannya yang sangat terbatas mengenai persoalan narkotika dan adiksi agar tidak terjadi kesalahpahaman.
Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika (selanjutnya disebut dengan UU Narkotika) diundangkan pada tanggal 12 Oktober 2009. Undang-undang ini merupakan revisi atas undang-undang sebelumnya yaitu Undang-Undang Nomor 22 Tahun 1997 Tentang Narkotika. Terdapat beberapa alasan yang melatarbelakangi direvisinya UU Nomor 22 tahun 1997 tersebut, antara lain: tindak pidana narkotika yang dilakukan dengan modus operandi yang semakin canggih, materi undang-undang yang tidak lagi sesuai dengan perkembangan situasi terkini, dan perlunya penguatan kelembagaan dalam hal pencegahan dan pemberantasan peredaran gelap narkotika.
Secara umum, terdapat beberapa hal baru yang dikenalkan oleh UU Narkotika, antara lain: adanya perubahan dan penambahan definisi di dalam bab tentang Ketentuan Umum, ruang lingkup dan tujuan yang diperluas, perluasan alat bukti dan adanya teknik penyidikan narkotika yang baru, serta ancaman pidana minimal untuk semua golongan narkotika.
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 yang anda pegang sekarang memuat laporan dokumentasi yang telah LBH Masyarakat lakukan selama satu tahun sepanjang 2011. Hasil dokumentasi tersebut mengafirmasi cerita-cerita yang sebelumnya pernah
kami dengar. Nyaris semua tahanan kasus narkotika pernah mengalami pelanggaran HAM di tingkat penyidikan, baik upaya paksa yang dilakukan dengan sewenang-wenang oleh pihak kepolisian maupun penyiksaan
dan perlakuan buruk lainnya. Buku ini tidak berpretensi untuk menyajikan laporan penelitian kuantitatif melainkan lebih kepada pemaparan analisis kualitatif yang terefleksi dari hasil temuan tersebut.
Law enforcement measures inevitably involve a contradiction: on the one hand they aim to create order by imposing certain restrictions on freedoms and liberties, while on the other hand they must honor liberties and freedoms of every individual that they limit. Humans inherently are endowed with rights, and when these rights are derogated from them, their humanity is undermined. A question then arises, in the event of a crime that poses a threat to public order what are we supposed to do with the perpetrators of the crime? Doing nothing will disrupt public order and will lead to a chaos that in turn will deny the human rights of other individuals. Law enforcement essentially involves some restrictions to the human rights of the perpetrators, but at the same time, the perpetrators of the crime are also humans endowed with rights that must be protected. This is exactly the critical point of the tension between these two opposite situations.
Jejak Langkah Menciptakan Pengacara RakyatLBH Masyarakat
Buku “Jejak Langkah Menciptakan Pengacara Rakyat” adalah kumpulan pengalaman para penyuluh hukum LBH Masyarakat dalam melakukan pemberdayaan hukum di empat komunitas. Empat komunitas itu adalah komunitas nelayan Kali Adem, komunitas remaja keluarga korban Tragedi Mei 1998 di Klender, komunitas pemakai dan mantan pemakai narkotika di Jakarta, dan komunitas remaja yang bersekolah di sekolah alternatif di Terminal Depok.
Catatan perjalanan yang para penyuluh tuliskan di buku ini tidak berintensi untuk menjadi sebuah panduan lengkap dalam melakukan aktivitas pemberdayaan hukum. Guratan tulisan dalam buku ini sesungguhnya bertujuan untuk berbagi cerita perjalanan yang para penyuluh alami dalam melakukan pemberdayaan hukum. Membaca torehan pengalaman para penyuluh hukum dalam buku ini bisa membuat Anda tertawa kecil, larut dalam haru, terbawa dalam kegeraman, dan bukan tidak mungkin menginspirasikan Anda untuk dapat berbuat lebih
dalam melakukan pemberdayaan hukum.
Buku Saku Mengenal UU Keterbukaan Informasi PublikLBH Masyarakat
Indonesia, beberapa waktu yang lalu telah mengesahkan
Undang-Undang Nomor 14 tahun 2008 tentang Keterbukaan
Informasi Publik. Kehadiran undang-undang ini tentu layak mendapat apresiasi positif karena menjadi landasan hukum bagi setiap orang untuk hak atas informasi, sekalipun dalam beberapa hal, undang-undang ini memiliki keterbatasan.
Buku saku ini disusun sebagai upaya untuk mengenalkan undang-undang yang baru tersebut kepada Pendamping masyarakat dan aktivis Ornop. Diharapkan setelah membaca buku saku ini dapat memperoleh pemahaman yang mendasar mengenai undang-undang tersebut, sehingga dapat menggunakannya ketika diperlukan
terutama dalam kerja-kerja mendampingi masyarakat.
Buku berjudul Wajah Pemberdayaan Hukum Masyarakat ini hadir dengan maksud untuk memberi potret yang jelas untuk menggambarkan apa itu pemberdayaan hukum masyarakat ala LBH Masyarakat. Kami sadar betul bahwa rumusan dalam buku ini bukanlah rumus baku untuk menjalankan pemberdayaan hukum masyarakat. Penjabaran ide-ide dalam buku ini hendaknya diperlakukan sebagai uraian ramuan, yang peracikannya diserahkan kepada setiap pelaku pemberdayaan. Gagasan dalam buku ini juga memang sejak awal diposisikan sebagai living manifestos. Dia tidak kaku, fleksibel dan adaptif. Dia akan menyesuaikan dengan perkembangan masyarakat itu sendiri. Mengingat masyarakat akan terus berubah, begitu pula halnya dengan pemberdayaan hukum. Kami juga sadar betul bahwa pemberdayaan hukum masyarakat akan ada banyak model. Oleh karena itulah, buku ini adalah satu dari sekian banyak referensi yang dapat Anda rujuk ketika hendak menjalankan pemberdayaan hukum.
Hak Asasi Manusia dan HIV, No. 2, 2010 - LBH MasyarakatLBH Masyarakat
HdH diterbitkan dengan tujuan untuk menjadi sarana informasi, komunikasi dan dialog antar komunitas yang kini tengah diberdayakan oleh LBH Masyarakat. Publikasi ini hendak menyasar pembaca utamanya di lingkungan orang yang hidup dengan HIV/AIDS, pemakai narkotika, pekerja seks dan waria/transjender. Publikasi ini juga bertujuan untuk memicu diskusi di antara anggota komunitas-komunitas tersebut. Tentu inisiatif ini tidak lepas sebagai bentuk upaya untuk melengkapi pemberdayaan hukum masyarakat yang tengah kami lakukan di empat komunitas tersebut.
Caveat - VOLUME 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 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.
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.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
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It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Overview on Edible Vaccine: Pros & Cons with Mechanism
Caveat - VOLUME 12/II, MAY 2010 - LBH Masyarakat
1. CAVEAT
INDONESIA’S MONTHLY HUMAN RIGHTS ANALYSIS
VOLUME 12/II, MAY 2010
MAIN REPORT |
Racial Profiling
Rampant in
Indonesian
Courts
In the Indonesian legal system racial
discrimination is alive and well. The verdict
explicitly states that ‘black people from Nigeria
often become the object of police’s monitoring,
as they often conduct tidy and undiscovered
narcotics transactions in Indonesia’. This
assumption leads to questions: are we really
equal before the law or do Indonesians,
unconsciously, still live in the era of apartheid
when skin color and ethnic background does
matter?
ADDITIONAL FEATURE |
12 Years On:
Unhealed Wounds and
the May 1998 Riots
This May marks the 12th year anniversary of
Indonesia’s deadly ‘May 1998’ riots, this time of
year is always a time to remember those that
were killed and to assess the current human
rights climate in Indonesia.
OPINION |
An Open Letter to Chief of
Indonesian National Police
AHRC strongly condemns terrorism and its
impact to society. Terrorism fosters fear and
insecurity in society since it indiscriminately
kills innocent people. As any other crimes,
terrorism cases should be impartially
investigated. The special challenges that
advanced terrorist activities present to society
have to be countered with a professional and
well trained police force. Anti-terrorist units
thus have to be subject to full judicial
accountability and any violations of victims or
suspect's rights have to be investigated pursued
according to law.
www.lbhmasyarakat.org
CAVEAT:
Let her or him be aware
2. C A V E A T | may 2010 | 1
CONTENT
THE EDITOR’S CUT | 2
MAIN REPORT | 3
Racial Profiling Rampant in Indonesian Courts
ADDITIONAL FEATURE | 8
12 Years on: Unhealed Wounds and the May 1998 Riots
OPINION | 10
An Open Letter to Chief of Indonesian National Police
RIGHTS IN ASIA | 12
REPORTAGE | 13
CAVEAT is published by the Community Legal Aid Institute (LBH Masyarakat), Jakarta,
Indonesia. All rights reserved. Neither this publication nor any part of it may be reproduced
without prior permission of the LBH Masyarakat.
CAVEAT invites feedback and contributions. If you are interested in contributing a guest
editorial piece or article, please contact us: contact@lbhmasyarakat.org
Editorial Board:
Ricky Gunawan, Dhoho Ali Sastro, Andri G. Wibisana, Ajeng Larasati, Alex Argo Hernowo,
Answer C. Styannes, Pebri Rosmalina, Antonius Badar, Feri Sahputra, Grandy Nadeak, Vina
Fardhofa
Special Adviser:
Maeve Showell
Finance and Circulation:
Zaki Wildan
Address:
Tebet Timur Dalam III B, No. 10, Jakarta 12820, INDONESIA
Phone:
+62 21 830 54 50
Fax:
+62 21 829 80 67
E-mail:
contact@lbhmasyarakat.org
Website:
www.lbhmasyarakat.org
LBH Masyarakat welcomes any financial contribution for the development of CAVEAT
Name
: Lembaga Bantuan Hukum Masyarakat
Bank
: Bank Mandiri
Branch
: Tebet Timur, Jakarta, Indonesia
No. Acc.
:124–000–503–6620
Swift Code
:BEIIIDJA
L E M B A G A
B A N T U A N
H U K U M
M A S Y A R A K A T
3. C A V E A T | may 2010 | 2
THE EDITOR’S CUT
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. The Asian Human
Rights Commission questions the actions of
the police who shot unarmed suspects in
Cawang.
In other news CAVEAT will celebrate its first
birthday next month. We have been doing
out best to bring you a balanced and up to
date round-up of Indonesian human rights
news each month. CAVEAT welcomes your
criticism and recommendations.
Thank you for your ongoing support!
The Editor
As usual, Rights in Asia serves you three
highlights on human rights issues in other
Asian countries. LBH Masyarakat’s partner,
the Asian Human Rights Commission,
reports NGO concerns on the uncompetitive
elections for the UN Human Rights Council
specifically Malaysia’s candidacy for this
election despite the countries bad human
rights track record. Rights in Asia also
provides an insight into the current
situation in Bangkok.
On May 18-19 2010 LBH Masyarakat
conducted a two-day workshop called
L E M B A G A
B A N T U A N
H U K U M
M A S Y A R A K A T
4. C A V E A T | may 2010 | 3
MAIN REPORT
Racial Profiling Rampant in
Indonesian Courts
Indonesia, a country which is well known
for its multicultural society and high
At first glance, this case may seem like just
tolerance among its residents may not seem
another ordinary narcotics case. A suspect
to be a likely breeding ground for skin racial
related to a narcotics case was arrested and
discrimination in the judicial system. The
later sentenced to death. The death penalty
state’s motto Bhinneka Tunggal Ika –taken
is not an uncommon practice in Indonesia,
from old Javanese, means unity within
in keeping with the country’s ‘war on drugs’
diversity”- is introduced to Indonesians
policy. Jeff’s case, however, is more
from when they are very young. The
complex.
Indonesian government has even proudly
claimed in its report to the
Jeff was charged with
United Nations Committee The Indonesian government has even offering narcotics for sale
on the Elimination of Racial proudly claimed in its report to the (Category I) which is an
Discrimination in April 2006 United Nations Committee on the offense under Article 82
Elimination of Racial Discrimination
that
‘Indonesia
is
a
paragraph (1) Law No.
in April 2006 that ‘Indonesia is a
multicultural nation which multicultural nation which does not 22/1997
regarding
does
not
discriminate discriminate against any of its people Narcotics. During trial,
against any of its people according
however, not even a single
to
background’. The
according
to reality, however, is far from the ideal witness that testified has
background’. The
reality, taught to children at school, at least heard, seen, or known that
however, is far from the for Humphery Ejike. Ejike, or Jeff as Jeff conducted narcotics
ideal taught to children at he is usually called is a Nigerian transactions
in
his
school,
at
least
for national living in Indonesia. In 2003 restaurant.
Testimonies
Humphery Ejike. Ejike, or he was sentenced to death by delivered by two police
Indonesian court.
Jeff as he is usually called is
officers who arrested Jeff
a Nigerian national living in
only proved that the
Indonesia. In 2003 he was sentenced to
heroin were found in Jeff’s restaurant but
death by Indonesian court.
did not provide enough evidence that Jeff is
a drug dealer. The two police officers also
Jeff was arrested by police on August 2,
testified that they received information
2003 at his Central Jakarta restaurant,
from a ‘reliable source’ that narcotics
Recon. The police found 1.7 kilograms
transactions often been conducted in Jeff’s
heroin in the bedroom of the building. His
restaurant. However, they have yet to reveal
case was later brought before the Central
this ‘reliable source’ to the court or to Jeff’s
Jakarta District Court and on November 12,
defense team.
2003, the Judges reached a guilty verdict on
the charge of the sale of narcotics. The court
Due to this lack of evidence, Jeff should have
therefore punished him with the maximum
been acquitted as there was not enough
punishment that may be imposed for those
evidence to prove that he is guilty. This case,
who commit such an offense, the death
however, is a perfect example how ‘the
sentence. Jeff and his lawyers filed an appeal
ideal’ does not always take place in the
to a Higher Court and even the Supreme
Indonesian judicial process. Instead of
Court yet both verdicts reached the same
acquitting Jeff due to lack of evidence, the
conclusion as the Central Jakarta District
judges used their own assumptions as
Court.
grounds to find Jeff guilty. Firstly, they
L E M B A G A
B A N T U A N
H U K U M
M A S Y A R A K A T
5. C A V E A T | may 2010 | 4
assumed that 1.7 kilograms heroin is too
much for self consumption and that Jeff
must have wanted to sell the drugs despite
no proof to the contrary. A judges’
assumption is not recognized as legal sense
of proof under the Indonesian Criminal
Procedure Code. Assumption may be used
merely as supporting grounds when there
are enough legal sense of proof to be sure
that the accused is guilty.
Yet it this not the worst assumption the
judges used in their verdict against Jeff.
Even worse, the second assumption used by
judges in Jeff’s case is in regards of his race.
In the Indonesian legal system racial
discrimination is alive and well. The verdict
explicitly states that ‘black people from
Nigeria often become the object of police’s
monitoring, as they often conduct tidy and
undiscovered narcotics transactions in
Indonesia’. This assumption leads to
questions: are we really equal before the
law or do Indonesians, unconsciously, still
live in the era of apartheid when skin color
and ethnic background does matter?
DOES SKIN COLOR MATTER BEFORE THE
COURT?
Human rights scholar Jack Donnely defines
human rights as rights one has simply
because one is a human being. Based on this
definition, human rights are endowed to all
human beings regardless of one’s skin color,
religion, social background, or any other
conditions. Besides employing the principle
of universal human rights, such definition
implies the very basic element of human
rights as well which is the concept of
equality. ‘Equality’ here in sense that no
groups are superior to others and neither
should any group enjoy more basic rights
than others. When a group or an individual
enjoys fewer rights than others for
unreasonable grounds then what transpires
is ‘discrimination’ which is contrary to the
concept of equality.
Together with the concept of liberty, the
formal recognition of equality as a basic
element of human rights and may be found
in the text of Universal Declaration of
Human Rights (UDHR). The famous first
L E M B A G A
B A N T U A N
article
of
In the Indonesian legal system
UDHR
mentions that racial discrimination is alive and
‘all
human well. The verdict explicitly states
beings
are that ‘black people from Nigeria
often become the object of
born free and
police’s monitoring, as they often
equal
in conduct tidy and undiscovered
dignity
and narcotics
transactions
in
rights’ which is Indonesia’. This assumption leads
strengthened
to questions: are we really equal
by what is before the law or do Indonesians,
stated
in unconsciously, still live in the era
Article 2 that of apartheid when skin color and
‘everyone
is ethnic background does matter?
entitled to all rights and freedoms... without
distinction of any kind, such as race, color,
sex, language, religion, political or other
opinion, national or social origin, property,
birth, or other status’. As UDHR has no
binding power, several international human
rights instruments related to antidiscrimination were later enacted, including
the Convention on the Elimination of All
Forms
of
Racial
Discrimination
(CERD). Indonesia itself has ratified the
CERD by Law No. 29/1999 and government
and parliament enacted Anti Racial
Discrimination Law in 2008. It does not
mean, however, that before 2008 there
were no laws provided protection against
discrimination. Law No. 39/1999 on Human
Rights provides such protection and even
Article 28D paragraph (3) of the 1945
Constitution guaranteed that everyone
within Indonesia’s territory has right to be
treated equally before the law. In short, the
spirit of anti-discrimination has been
introduced in many laws and regulations in
Indonesia which is also recognized by
Committee on the Elimination of Racial
Discrimination as ‘positive aspects’ in its’
Concluding Observation in 2007.
All of these laws and regulations,
unfortunately, are not enough to ensure that
a person will not be discriminated against.
This should be surprising as the obligation
for State to combat discrimination is not
only imposed to the lawmakers and
executive but judiciary branch as well.
The obligation of the State to prohibit and
eliminate discrimination related to the
judiciary power is enshrined in Articles 5
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6. C A V E A T | may 2010 | 5
and 6 of the CERD. Article 5 concerns
UNFAIR TRIAL
equality before the law, Article 6 of the
Convention highlights the State’s obligation
The concept of equality before the law and
to ensure effective protection and remedies
court is not only related to nonthrough competent national tribunals or
discrimination but to fair trial as well. As
any other State’s institutions. To guide State
stated in Article 14 of International
parties
–particularly
the
Covenant on Civil and
The concept of equality before the
judiciary
branchin law and court is not only related to Political Rights (ICCPR),
implementing the provisions in non-discrimination but to fair trial besides equality before
Article 5 and 6 of CERD, the as well. As stated in Article 14 of the court and tribunals
Committee on the Elimination of International Covenant on Civil there are more elements
Racial Discrimination issued and Political Rights (ICCPR), of fair trial, including the
General Recommendation XXXI besides equality before the court right to be informed
on the prevention of racial and tribunals there are more promptly and in detail in
discrimination
in
the elements of fair trial, including the a language which the
administration and functioning right to be informed promptly and suspect
or
accused
in detail in a language which the
of the criminal justice system.
understands
of
the
suspect or accused understands of
nature and cause of the
the nature and cause of the charge
What has happened in Jeff case, against him/her and the right to be charge against him/her
unfortunately,
was
totally tried without undue delay.
and the right to be tried
incompatible with all the
without undue delay. In
mandates given by CERD or its’ General
Jeff’s case, these fair trial elements were
Recommendations’. Instead of preventing
violated. Police, prosecutors, and the court
‘questioning, arrests and searches which are
did not provide an interpreter for him
in reality based solely on the physical
during the legal process. During trial, the
appearance of a person’ and ‘ensure certain
court provided free assistance of interpreter
groups enjoy all the guarantees of a fair trial
but the translation was only provided from
and equality before the law’ as stipulated in
Bahasa Indonesia to English, a language Jeff
the recommendation number 20 and 28, the
did not understand. No effort was made to
judges in Jeff’s case have taken part in
find a translator that spoke Jeff’s first
championing racial discrimination itself. It
language. Interrogation by police and the
is ironic how the institution which is hoped
prosecutor, and even examination before
by discrimination victims to provide
the court were conducted in a language Jeff
remedies has in fact contributed to race
could not understand. Ironically, in their
discrimination violation.
verdict judges claimed that Jeff did not give
clear information during his examination in
It is regrettable that judges in Jeff’s case
court and this reason was used as a further
have behaved impartially, and based their
justification for the judges to impose a
verdicts on such biased reasoning. As
severe punishment for Jeff. Now the
stipulated in the Bangalore Principles of
question is: how can we expect someone to
Judicial Conduct 2002, ‘impartiality’ is one
deliver information clearly before the court
of values that should be upheld by judges as
if he cannot even understand the language
well as value of ‘equality’ in examining
spoken by the judge and prosecutor.
cases. The value of ‘impartiality’ includes an
obligation for judges to ‘perform his or her
In addition to the lack of a translator, Jeff’s
judicial duties without favor, bias, or
right to a free trial was further violated by
prejudice’. In a line with ‘impartiality’ and
his inability to have access to adequate legal
‘equality’ values outlined in the Bangalore
counsel. Jeff was arrested on August 2, 2003
Principles comprises of a prohibition for
yet he received first legal assistance on
judges to ‘... by words or conduct, manifest
January 6, 2004. The absence of legal
any bias towards persons or groups on the
counsel for approximately four months in
grounds of their racial or other origin’.
Jeff’s case is violation of Article 54 of
Indonesian Criminal Procedure Code which
L E M B A G A
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7. C A V E A T | may 2010 | 6
states that the suspect or accused has the
right to obtain legal assistance in the form of
legal counsels during the period of and at
every stage of examination against him. In
most cases the presence of legal counsels
may minimize the potential violation of the
suspect or accused rights. At the very least ,
presence of legal counsels can help the
suspect or accused who has no legal
background to understand legal process
they face and also help them in preparing
their defense.
Jeff has no education and knowledge of the
complexities of the Indonesian legal system.
He had to try and self-educate himself as to
the legal processes and procedures used by
the Indonesian judicial system. Initially, Jeff
only was charged of drug ownership under
Article 78 paragraph (1) of Narcotics Law
but later police decided to add a more
serious charge, that being drug dealing
under Article 82 of Narcotics Law.
UNHAPPY ENDING?
As could be expected by the numerous
rights violations during Jeff’s trial, this case
does not have a happy ending. Central
Jakarta District Court returned a guilty
verdict; this verdict was upheld after
appeals to the DKI Jakarta High Court and
Supreme Court. Jeff has been sentenced to
death. His case begun with discrimination,
was plagued by unfair trial violations, and is
about to end with infringements of his very
basic rights. Jeff’s name is not on the list of
executions to be carried out in 2010
however he is still in his cell on the death
row without any news as to when his
execution will take place. That is up to the
Attorney General’s Office (AGO).
It is strongly disappointing that Indonesia
still employs capital punishment. From a
human rights perspective, the death penalty
is a violation of one’s right to life which is
the most basic right of a human being.
International law expert and Professor
Emeritus at Tel Aviv University Yoram
Dinstein once pointed out ‘if there were no
right to life, there would be no point in the
other human rights’.
L E M B A G A
B A N T U A N
Arguments of those who support death
penalty claim that the death penalty is an
effective deterrent to potential criminals.
However no evidence shown that there is
correlation between implementation of
death penalty and decreasing drug crime
numbers. It is also undeniable that the
judicial system is vulnerable to human
error. Therefore, is it not too risky to decide
the continuance of someone else’s life on
such vulnerable system? Irrevocability of
death penalty is another reason to against it.
There is no way to compensate a victim.
In addition to the lack of a translator, Jeff’s
right to a free trial was further violated by his
inability to have access to adequate legal
counsel. Jeff was arrested on August 2, 2003
yet he received first legal assistance on
January 6, 2004. The absence of legal counsel
for approximately four months in Jeff’s case is
violation of Article 54 of Indonesian Criminal
Procedure Code which states that the suspect
or accused has the right to obtain legal
assistance in the form of legal counsels during
the period of and at every stage of
examination against him.
Moreover, imposing death penalty is not a
good education for society. It teaches
society to yearn for revenge instead of
forgiveness. Surely imposing death penalty
is not the only way to prevent crime. There
are number of ways to do it, and they are
the obligations of law enforcement officials.
Sentencing someone to death in the name of
crime to prevent crime is a gruesome
shortcut.
WHAT NEXT?
On paper, Jeff has exhausted all of his
available legal remedies. He appealed to
High Court and Supreme Court and also
filed final review appeal (peninjauan
kembali) to the Supreme Court. However,
LBH Masyarakat is not going to give up. LBH
Masyarakat is currently conducting several
strategies for Jeff, including meeting with
the National Human Rights Commission
(Komnas HAM) and conducting expert
examinations with and human rights
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8. C A V E A T | may 2010 | 7
experts such as Ms. Asmin Fransiska, Mr. Ori
Rahman, and Mr. Eddy O.S Hiariej.
LBH Masyarakat is researching the
possibility to file a second final review
appeal for this case even though such legal
remedy is not recognized by law. In practice
there are some cases which indicate that it
is possible to file second final review appeal.
The possibility is not likely but for saving
one’s life it is worth to try.
--
L E M B A G A
It is strongly disappointing that
Indonesia still employs capital
punishment. From a human rights
perspective, the death penalty is a
violation of one’s right to life which
is the most basic right of a human
being. International law expert and
Professor Emeritus at Tel Aviv
University Yoram Dinstein once
pointed out ‘if there were no right
to life, there would be no point in
the other human rights’.
B A N T U A N
H U K U M
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9. C A V E A T | may 2010 | 8
ADDITIONAL FEATURE
12 Years On: Unhealed Wounds and
the May 1998 Riots
This May marks the 12th year anniversary of
Indonesia’s deadly ‘May 1998’ riots, this
time of year is always a time to remember
those that were killed and to assess the
current human rights climate in Indonesia.
1998
Chinese owned shops, businesses and
buildings were ransacked and then
destroyed, from large companies to family
owned stores. Areas such as Glodok in West
Jakarta and Mangga Dua in North Jakarta
were especially targeted for their high
concentration of Chinese residents.
LET’S SEE HOW FAR WE’VE COME
In 1998 Indonesia was teetering on the
brink of a total meltdown. The 1997 Asian
As the dust settled on a city divided in 1998,
Financial Crisis had caused the Rupiah to
much was said about Indonesia’s fresh start.
plunge and unemployment rates to rise at
The people had spoken, they had rejected
an increasingly high rate, food shortages
the old corrupt order and many claimed
were driving large amounts of people to
that democracy had a chance to flourish.
turn to violence in order to feed their
Initially this seemed to be the case. A new
families. The tide was turning against
electoral system was introduced and a
President Suharto, the corrupt leader that
record number of people went to the polls
had leaded the country for over 30 years.
to choose their democratically elected
Demonstrators were clogging the streets,
candidate.
demanding for Suharto to step down. One
particular protest – lead by students at
Trisakti University in Jakarta – As the dust settled on a city However it seems that
became the turning point as divided in 1998, much was said somewhere in the last twelve
police fired into the crowd, about Indonesia’s fresh start. years Indonesia has failed to
killing four of the student The people had spoken, they deliver on its promises.
Suharto linked power brokers
demonstrators.
had rejected the old corrupt
like Aburizal Bakrie, the
order and many claimed that
Rioters began to take their democracy had a chance to current leader of ex Suharto
anger out on the Indonesian flourish. Initially this seemed political vehicle Golkar, and
Prabowo
Chinese, a group known for its to be the case. A new electoral former General
system was introduced and a
Subianto (widely believed to
wealth within Indonesia,
record number of people went
many reports suggested, from to the polls to choose their have a large hand in
orchestrating the riots) still
the look of the most violent democratically
elected
wield power in politics and
rioters that the army had a candidate.
one of the most reformist
huge part to play in the
politicians in a long while, Sri Mulyani was
violence. As the riots spread over 1500
recently forced out from her position in
people were killed and a large number were
cabinet. General Wiranto who was head of
raped. We can never know the exact
the Indonesian Armed forces during the riot
number of women and girls who were
has is currently the Chairman of the Peoples
subjected to humiliating sexual abuse as
Conscience Party. Just last month Jakarta
much of it went unreported as families tried
saw another bloody riot which former Vice
to deal with the aftermath on their own.
President Jusuf Kalla likened to the May
Many wealthy Chinese-Indonesian families
1998 atrocities. Similar to 1998 the
fled the country, those that could not afford
behavior of police in handling riot
to were forced to barricade themselves in
prevention has come under fire. The power
their homes and hope for the best. Many
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10. C A V E A T | may 2010 | 9
in Indonesia is still held by the privileged
few and cases (such as the acquittal of
Suharto’s son Tommy) have shown that the
judicial system has a long way to come. It
cannot be denied that Indonesia has taken
steps down the right path since 1998 but
the country has a very long time to go
before full democracy and human rights can
flourish.
REMEMBERING THE TRAGEDY
Across the globe there has been much
debate on how to deal with post conflict
remembrance. In Germany after the Second
World War trials of Nazi War Criminals took
place and museums were built to inform
another generation of the tragedy. In
schools all over the world children are
taught about the holocaust to ensure that
such evil does not take place again. If justice
cannot be achieved for the families of
victims the least that can happen is that a
dialogue is opened in which to discuss
human rights and what this means in times
of strife. This is why it is important that
Indonesia does not forget those that lost
their lives in 1998, or those who lost
livelihoods, family members or experienced
trauma at the hands of others.
Andy Yentriyani, from the National
Commission on Violence Against Women
(Komnas Perempuan) spoke to The Jakarta
Globe on the subject, Andy stated that “The
tragedy is only being remembered as
demonstrations by students which led to
President Suharto quitting. The shooting,
the rioting, the sexual abuse of women must
be included. We cannot remain silent or
deny it. We need to include that in the
history books”
However the Indonesian Justice Minister
has suggested that Indonesia would be best
served as to put the tragedy behind them.
Speaking to Detik.com Patrialis Akhbar has
said that “If we continue to look for who is
most responsible, I don’t think we will ever
find a way out. We will just keep looking
and looking.”
L E M B A G A
B A N T U A N
There have been attempts to bring those
that were responsible for the tragedy to
justice and to compensate victims but
neither effort has flourished. Directly after
the incident the Tim Gabungan Pencari
Fakta (TGPF or Joint Fact Finding Team)
was established by a Joint Decree by the
Defense and Security Minister/Commander
of the Indonesian Army, Justice Minister,
Home Affairs Minister, Foreign Affairs
Minister, State Minister for Women
Empowerment and Attorney General issued
on 23 July 1998. In addition KOMNAS HAM
also put together a fact finding team to
investigate the riots, however both of these
efforts seem to have got bogged down at the
Attorney General’s Office. Thus none of the
initiatives formed to bring justice and
answers to those affected have been able to
do so, and for the victims and their families
this is simply not good enough.
--
Across the globe there has been much
debate on how to deal with post conflict
remembrance. In Germany after the
Second World War trials of Nazi War
Criminals took place and museums were
built to inform another generation of the
tragedy. In schools all over the world
children are taught about the holocaust
to ensure that such evil does not take
place again. If justice cannot be achieved
for the families of victims the least that
can happen is that a dialogue is opened in
which to discuss human rights and what
this means in times of strife. This is why it
is important that Indonesia does not
forget those that lost their lives in 1998,
or those who lost livelihoods, family
members or experienced trauma at the
hands of others.
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11. C A V E A T | may 2010 | 10
OPINION
FOR IMMEDIATE RELEASE
May 17, 2010
AHRC-OLT-004-2010
An Open Letter to Chief of Indonesian
National Police
General of Police Bambang Hendarso Danuri
Chief of Indonesian National Police
Jl. Trunojoyo No. 3
South Jakarta
INDONESIA
Tel: +62 21 721 8555, +62 21 721 8012
Fax: +62 21 720 7277
Email: polri@polri.go.id
CC: United Nations Special Rapporteur on
the promotion and protection of human
rights while countering terrorism, Mr.
Martin Scheinin; President Susilo Bambang
Yudhoyono
Dear Sir,
INDONESIA:
Police act disproportionately in war on
terror -- unarmed suspects shot dead
According to your statement and reports,
three alleged terrorists were shot to death
on May 12, 2010 in Cawang, Jakarta by
police officers from the special detachment
for anti-terrorism (Densus 88). Two others
were killed in a raid in the Cikampek subdistrict, East Jakarta by the same unit on the
same day. According to eyewitness reports
the police opened fire against unarmed
suspects in Cawang. The Asian Human
Rights Commission (AHRC) is very
concerned about the disproportionate us of
lethal force in this operation.
AHRC strongly condemns terrorism and its
impact to society. Terrorism fosters fear and
insecurity
in
society
since
it
indiscriminately kills innocent people. As
any other crimes, terrorism cases should be
impartially investigated. The special
L E M B A G A
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challenges that advanced terrorist activities
present to society have to be countered with
a professional and well trained police force.
Anti-terrorist units thus have to be subject
to full judicial accountability and any
violations of victims or suspect's rights have
to be investigated pursued according to law.
For this very reason, the AHRC regrets the
shooting that occurred in the two locations
in Jakarta. The AHRC is in particular
concerned about the incident in Cawang,
since the suspects were unarmed and no
harmful acts were committed by them at
that time of the operation. According to
eyewitness reports, one of the suspects had
just gotten out of a taxi and was about to
meet the other two suspects when four
police officers from the Densus 88 unit
attempted to arrest the suspect. When he
physically resisted the arrest, the police
opened fire at him. The two other suspects
tried to escape but were caught, beaten and
were reported to have been shot to death
too. Of the five persons who were killed by
police in the course of the two operations on
this Wednesday, only two were identified,
namely as Saptono and Maulana, who are
listed as most dangerous terrorists by
police.
These detailed witness reports are very
concerning
since
they
indicate
a
disproportionate use of force beyond
necessary means for an arrest and would
thus present a violation of the right to life as
established in the International Covenant on
Civil and Political Rights.
The police later explained that they had no
choice but to shoot the suspects since the
suspects "resisted and did not want to be
arrested, we did not want to take any risk of
officers being killed" (Brigadier General,
Zainuri Lubis). However, it is neither clear
whether the suspects tried to commit any
harmful counter attacks that would have left
the police no other choice than to fire
deadly shots, nor is any information
provided by the police or other evidence
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12. C A V E A T | may 2010 | 11
available as to whether the suspects
threatened public security in an immediate
way at the time of arrest. The independent
witness present at the shooting location
confirmed that the suspects tried to escape
and that the only form of resistance to the
arrest was to beat the police officers with
his arms. The police responded by hitting
the suspect with a gun resulting in bleeding.
No report suggests that a necessity to fire
shots or to fire deadly shots would have
arisen.
Terrorism has rightly been condemned by
the international community for having cost
numerous innocent civilian lives and several
countries are trying to counter such
inhuman activities including Indonesia.
However, protecting public security does
not justify the violation of the rights of
others as international jurisprudence has
extensively ruled. Means used by states to
prevent terrorism have to be in accordance
with human rights principles and limited to
only necessary harm against suspects. State
responses to terrorism have to be
conducted with full respect to the terrorists'
rights as a human being.
The police, in exercising its duties to
prevent all crimes including terrorism, has
to apply the concepts of 'necessity' and
'proportionality' as enshrined in Article 3
United Nations Code of Conduct for Law
Enforcement Officials. The shooting of three
terrorists in Cawang shows that the police
often neglect these principles and tend to
commit rash measures in many terrorism
cases, which results in the violation of basic
rights. In March 2010 alone, five alleged
terrorists were shot to death in Aceh,
without any reported resistance to the
arrest.
Several laws and rules which mandate
police to respect human rights and act
professionally have been enacted in
Indonesia, including Law No. 2/2002:
Indonesian National Police, Police
Regulation No. 8/2009: Implementation
of Human Rights Principles and
Standards in the Discharge of Duties
of the Indonesian National Police, as
well as the Code of Conduct for Indonesian
National Police Officers. Despite this
legislation and several institutional reforms
the repeated incidents of police killings
show a serious lack of implementation of
these
standards.
Accountability
for
misconduct is the key to address human
rights violations by state authorities, in
particular the police.
The AHRC urges you to ensure that an
independent investigation regarding the
killings in anti-terrorist operations that
occurred on May 12, 2010 in Jakarta is
conducted. The killings of civilians and
suspects in Aceh in February and March
2010 have to be investigated by an
impartial unit as well. The AHRC also calls
for a reform and professionalization of the
police, in particular its anti-terrorist unit. A
committed implementation of the new
police
regulations
through
internal
disciplinary and criminal procedures is
necessary to ensure police accountability
for the protection of human rights.
Yours faithfully,
Basil Fernando
Director
Asian Human Rights Commission,
Hong Kong
In AHRC-STM-047-2010 the AHRC reported
about the death of innocent civilians.
Kamarrudin and his 14 year-old son, Suheri,
were mistakenly suspected as members of a
terrorist group based in Aceh. Both victims
were shot at by police, which later caused
Kamarrudin's death and severe injuries of
his son. Several other killings in counterterrorist operations have been reported
from Aceh. (see AHRC-UAC-058-2010)
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RIGHTS IN ASIA
Information contained in this column is provided
by the Asia Human Rights Commission (AHRC).
ASIA – NGO coalition concerns on Human
Rights Council election
The NGO Coalition for an Effective Human
Rights Council regrets the uncompetitive
election for the UN Human Rights Council as
the number of candidates equals the
number of vacant seats allotted to the
region. The candidacy for membership in
this UN authority for human rights would
thus not be based on a competition for good
human rights standards but become a socalled clean-slate election without options.
As pointed out by Peggy Hicks from Human
Rights Watch, "The council elections have
become a pre-cooked process that strips the
meaning from the membership standards
established by the General Assembly". The
coalition also highlighted the human rights
conditions in Angola, Libya, Malaysia,
Thailand and Uganda that these countries
are urged to take concrete steps for human
rights improvement before they take their
seats on June 19, 2010.
Malaysia’s candidacy is one of the most
contentious due to its bad track record on
human rights. Thirty eight NGOs including
LBH Masyarakat sent a joint letter to the UN
General Assembly members, asking them to
consider Malaysia’s human rights record
before granting their vote to the country in
the election. Malaysia lacks protection for
human rights at national level and the
country fails to act cooperatively with the
Human Rights Council. Malaysia has still not
issued a standing invitation for visits to all
UN special procedures mandate holders as
would be expected for a membership in the
Council.
imminent and that more lives will be lost.
On April 10, at least 25 people died and
hundreds were injured when the army
moved on assembled demonstrators. During
14 - 16 May it is reported that at least 33
people died and 239 others were injured.
Although the government denied that the
military on that occasion used live
ammunition, all evidence is to the contrary.
The government of Thailand should by now
be aware that the use of soldiers to dislodge
these demonstrators is counterproductive.
Not only has it failed in its basic objective,
but it has also again dragged the country's
reputation to new lows, ironically, just as its
diplomats are bidding for a seat on the
United Nations Human Rights Council.
The deep loss in public respect for state
institutions over recent years, especially
loss of confidence in the judiciary, is
primarily a consequence not of public
actions but of the wrongheaded and illintended acts of successive administrations.
Any resort to violence now will only further
diminish the standing of key state agencies,
causing further setbacks to the decades long
project to build rational institutions for a
humane and intelligent society.
Thailand - Further bloodshed must be
avoided at all costs
There are many disturbing reports of a
possible new attack to disperse antigovernment protestors that have continued
to assemble in Bangkok. There are grave
and legitimate fears that further violence is
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REPORTAGE
National HIV/AIDS Workshop Report
discussion of how the key populations are
defined, and its pros and cons. Tandiono
Bawor from HUMA who facilitated the
workshop did a good job by bridging the
gap among people who shared different
perspectives.
Jakarta – On May 18 and 19, Lembaga
Bantuan
Hukum
Masyarakat
(LBH
Masyarakat) with the support from the
International
Development
Law
Organization (IDL) and the OPEC Funds for
International Development (OFID), held a
Still on day one, Yoseph Adi Prasetyo from
two-day workshop called “Building A
the National Human Rights Commission
Rights-Based Approach of HIV/AIDS Case
(Komnas HAM) presented a session on
and Policy Advocacy” in Jakarta. The
human rights and HIV. His presentation
objective of the workshop was to provide a
covered an introduction on human rights,
comprehensive understanding regarding
its definition, principles, and national and
the relation between law, human rights, and
international human rights framework, key
HIV/AIDS as well as its underlying
human rights that are closely related with
components the extent
the issue of HIV or people
to which it can be On second day, Taufik Basari, a human living
with
HIV/AIDS
utilized to conduct an rights lawyer and LBH Masyarakat’s (PLHIV). Afterwards, Julie
effective legal service Chairperson of the Board of Directors, Hamblin a HIV and law
gave a presentation on legal advocacy
and
legal
advocacy
expert from Australia
and its role to create an effective
which is ultimately HIV/AIDS policy. He presented a number presented a session on the
expected to create an of key points regarding legal advocacy issue of legal services as a
enabling environment. It based on his long experience in the field. tool to support effective
is also hoped that this “It is crucial for us to set down what are responses to HIV. She also
workshop can be a the indicators of our strategy in order to reiterated a key point that
forum for two important observe whether our legal advocacy had been raised by
advocacy
groups: strategy has reached its target or not. Yoseph. “Supportive laws
law/human rights and And not to mention, its exit strategy or are an essential part of the
HIV/AIDS, to interact, mitigation scheme if the legal advocacy enabling
environment.
failed to meet our top goals,” said Taufik.
understand, and engage
Supportive
laws
can
one another.
actually do two things:
first, they provide legal protection for the
The organizer invited 20 participants, 14 of
people affected, and secondly, they
which were from Jakarta. The remaining six
strengthen our capacity to respond
hailed from Bandung, West Java; Semarang,
effectively to HIVand reduces further
Central Java; and Surabaya, in East Java. The
spreading,” said Julie. She also gave some
participants
come
from
various
example of cases from Papua New Guinea,
backgrounds, eight from legal aid
Australia, and South Africa of how the legal
institute/human rights NGO, one from the
service can be used.
legal aid centre of the Indonesian Bar
Association (PERADI), one representing
On second day, Taufik Basari, a human
theNational AIDS Commission (KPAN), and
rights lawyer and LBH Masyarakat’s
ten of attendees were activists from
Chairperson of the Board of Directors, gave
HIV/AIDS NGOs and key populations
a presentation on legal advocacy and its role
groups.
to create an effective HIV/AIDS policy. He
presented a number of key points regarding
On day one, Setyo Warsono from KPAN
legal advocacy based on his long experience
presented a brief introduction on HIV/AIDS
in the field. “It is crucial for us to set down
and focused heavily on its national strategic
what are the indicators of our strategy in
planning for the next five years. Thereafter,
order to observe whether our legal
his presentation was followed by an intense
advocacy strategy has reached its target or
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not. And not to mention, its exit strategy or
mitigation scheme if the legal advocacy
failed to meet our top goals,” said Taufik.
After his presentation, the participants were
divided into four groups in which they then
took part in discussion about legal problems
faced by PLHIV and key populations and
how they aim to solve such problems, what
sort of legal advocacy they would
undertake, and who are their allies and foes,
and so forth.
At the end of the day, the participants
agreed to keep maintaining communication
and engage more deeply among themselves
and bear in mind some action plans, one of
which is to advocate HIV-related cases
together.
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ABOUT US
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)
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.
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.
L E M B A G A
B A N T U A N
Lembaga Bantuan Hukum Masyarakat
Tebet Timur Dalam III B, No. 10
Jakarta 12820
INDONESIA
P. +62 21 830 54 50
F. +62 21 829 80 67
E. contact@lbhmasyarakat.org
W. http://www.lbhmasyarakat.org
H U K U M
M A S Y A R A K A T