Kata Pengantar
ANNUAL
REPORT
THE NATIONAL HUMAN RIGHTS
COMMISSION OF INDONESIA
2006
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
FOREWORD
The end of the Cold War at the end of 1980s had also ended the conflict
between the western and eastern blocks which created a new dimension in
international relations. Previously, ideology, military and economic confronta-
tion which had tinted the international relations between the two different blocks
of countries has transformed into cooperation for world peace and security,
as well as the fulfilment of the welfare of the people according to the prin-
ciples and purposes of the United Nations as stated in its Charter.
One of the new dimension of international relations in the post Cold War era is
the promotion of human rights which has become one of the principle and
purpose of the United Nations. This development has impacted the attitude of
the international community, especially developed countries, towards human
rights problems in Indonesia. It was noted that Indonesian foreign policies could
only be accomplished through the settlement of domestic problems, including
human rights problems. Indonesia has yet has good track record regarding
human rights condition since the New Regime had come to power in 1967.
However, during the Cold War era, these problems had missed the attention of
the international community since they have been occupied with their own for-
eign policies regarding the Cold War. The end of the Cold War has placed the
problems of the promotion and protection of human rights into the priority
agenda of the international community. One of the incidents which drew the
international community attention on Indonesia was the Santa Cruz incidents in
East Timor (presently Timor Leste) in 1991 which had created bad image of
the country in the eyes of the international community.
This condition then had forced the Department of Foreign Affairs of the Repub-
lic of Indonesia, supported by the United Nations Representatives in Indonesia,
to initiate a seminar to discuss the possibility of establishing a national institu-
tion to protect and promote human rights in Indonesia. Based on the recom-
mendation of the seminar, the Government then established a national human
rights institution called Komisi Nasional Hak Asasi Manusia (Komnas HAM) with
the Presidential Decree No. 50 Year 1993 dated 7 June 1993.
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The major drawback of the National Commission was the membership system
which has rose scepticism on the independency of the Commission. According
to the Presidential Decree mentioned above, the first members of the National
Commission were elected by the President which process would be further
determined in its rules of procedures.
Therefore, in order to strengthen the independency of the Commission to com-
ply with the Paris Principles (1991) and to widen its mandates, the Government
enacted the Act No. 39 Year 1999 on Human Rights. This Act contains not only
the provisions on human rights, but also provisions that govern the establish-
ment of a National Commission as the replacement of the one established by
the Presidential Decree No. 50 Year 1999. The new national commission is
called “Komisi Nasional Hak Asasi Manusia” or Komnas HAM. The principles,
aims, membership, organization, and functions, obligations and mandates of
Komnas HAM are governed in the Act No. 39 Year 1999 on Human Rights. The
independency and complicity of Komnas HAM with the Paris Principles (1991)
is strengthened through the enactment of the Act No. 39 Year 1999 on Human
Rights, which governs, among others, that the members of Komnas HAM should
be selected by the House of Representatives of the Republic of Indonesia based
on the recommendation of the National Commission on Human Rights, and vali-
dated by the President as Head of State. The Act No. 39 Year 1999 on Human
Rights also affirms the four functions of Komnas HAM, namely, research and
study, education, monitoring and mediation of human rights.
In 2000, in order to deal with human rights violations categorized as “gross”
human rights violations, namely, genocide and crimes against humanity, the
Government had enacted the Act No. 26 Year 2000 on Human Rights Court on
23 November 2000. The Act No. 26 Year 2000 on Human Rights Court has
determined Komnas HAM as the institution which has the mandate to conduct
projustitia inquiry on cases of gross human rights violations.
Therefore, Komnas HAM carries out its functions, obligations and mandates
based on the two Acts, namely, the Act No. 39 Year 1999 on Human Rights and
the Act No. 26 Year 2000 on Human Rights Court. Therefore, this Annual Report
on the implementation of the functions, obligations and mandates of Komnas
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HAM according to the two Acts mentioned above also contains the report of
the activities of Komnas HAM Representatives as well as Regional Offices in
the regions and the report of the Secretary General of Komnas HAM.
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TABLE OF CONTENTS
FOREWORD ........................................................................................
iii
TABLE OF CONTENS ...........................................................................
vi
CHAPTER I: INTRODUCTION ...............................................................
1
A. PROFILE ..........................................................................................
3
B. VISION AND MISSION ......................................................................
12
C. STRATEGIC PLANNING 2004–2008 ...................................................
12
D. RELATIONS WITH OTHER INSTITUTIONS ............................................
14
1. Hearing with DPR ........................................................................
14
2. The 11th Annual Session of Asia Pacific Forum for National
Human Rights Institutions ............................................................
15
3. Realization of Consultation Mechanism of ASEAN National Human
Rights Institutions .......................................................................
15
4. The United Nations Human Rights Council Session .......................
16
5. Cooperation with International Funding Agencies .........................
16
6. The Second Roundtable Discussion on Human Rights in ASEAN ....
16
CHAPTER II: HUMAN RIGHTS CONDITION IN INDONESIA IN 2006 .....
17
A. INTRODUCTION ...............................................................................
19
B. CONDITION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS .............
21
C. CONDITION OF CIVIL AND POLITICAL RIGHTS ....................................
28
D. THE TRUTH AND RECONCILIATION COMMISSION (KOMISI KEBENARAN
DAN REKONSILIASI OR KKR) ...........................................................
32
CHAPTER III: THE IMPLEMENTATION OF KOMNAS HAM FUNCTIONS
BASED ON THE ACT NO. 39 YEAR 1999 ON HUMAN RIGHTS .........
33
A. INTRODUCTION ...............................................................................
35
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B. IMPLEMENTATION OF THE FUNCTION OF HUMAN RIGHTS STUDY AND
RESEARCH ......................................................................................
35
1. Research on the Implementation of the Health and Safety at
Workplace Regulations (Kesehatan dan Keselamatan Kerja or K3) ...
35
2. Study on the Fulfilment of the Right to Environment in the Hot
Mud-Flow Disasters of P.T. Lapindo Brantas ................................
37
3. Study on the Draft of the Act on Health .......................................
37
4. Study on the Act No 23 Year 1992 on Health from Human Rights
Perspective ................................................................................
38
5. Study on the Fulfilment and Protection of the Rights of Internally
Displaced Persons (IDPs) ............................................................
39
6. Mapping of Problems of Sexual Reproduction and Health of
Women from Vulnerable Groups ..................................................
41
7. Study on Euthanasia from Human Rights Perspective ..................
43
8. Study on the Draft of the Act on Criminal Code
(Kitab Undang-Undang Hukum Pidana or KUHP) ............................
43
9. The Amendment of the Act No. 26 Year 2000 on
Human Rights Court ....................................................................
45
C. IMPLEMENTATION OF THE FUNCTION OF HUMAN RIGHTS
EDUCATION .....................................................................................
45
1. Activities to Disseminate the Perception of Human Rights ................
45
2. Activities to Increase Public Awareness on Human Rights .................
53
D. IMPLEMENTATION OF THE FUNCTION OF HUMAN RIGHTS
MONITORING ...................................................................................
65
1. Monitoring on Conflict of Farmers in Cisompet ............................
67
2. Monitoring of the Fulfilment of the Right to Education in
Yogyakarta and Klaten Post-Earth Quake Disasters .....................
68
3. Inquiry on Ahmadiyah Incidents ...................................................
69
4. Monitoring of Prisoners at Correctional Institutions and Detention
Places in Indonesia With Regard to the Possibility of Intervention
in Judicial Process .....................................................................
70
5. Complaint of the Family of Fabianus Tibo, Marinus Riwu and
Dominggus da Silva from Poso ...................................................
72
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6. Monitoring on Cases of Acts of Violence in Poso .........................
72
7. Monitoring on Abepura Riot Incidents In Papua ............................
73
E. IMPLEMENTATION OF THE FUNCTION OF HUMAN RIGHTS MEDIATION
75
1. Mediation on the Case of Colol Indigenous People in Manggarai,
Nusa Tenggara Timur .................................................................
75
2. Mediation on the Conflict between P.T. First Mujur Plantation &
Industry with Simangambat Community and Luhat Ujung Batu
Community in Sibolga, North Sumatera .......................................
76
3. Mediation on the Conflict between P.T. Asiatic Persada and
Suku Anak Dalam Indigenous People in Jambi ..............................
76
CHAPTER IV: CASES HANDLED BY KOMNAS HAM BASED ON THE
ACT NO. 26 YEAR 2000 ON HUMAN RIGHTS COURT ........................
77
A. INTRODUCTION ...............................................................................
79
B. THE ENFORCED DISAPPEARANCE INCIDENTS IN 1997-1998 ...............
80
C. PROGRESS OF THE WASIOR AND WAMENA INCIDENTS, MAY RIOT
1998 INCIDENTS, AND THE TRISAKTI, SEMANGGI I AND SEMANGGI II
INCIDENTS ......................................................................................
86
D. PROGRESS OF ABEPURA INCIDENTS ................................................
89
E. PROGRESS OF TANJUNG PRIOK INCIDENTS 1984 .............................
90
F. PROGRESS OF EAST TIMOR INCIDENTS IN 1999 ...............................
91
CHAPTER V: REPRESENTATIVE/REGIONAL OFFICE OF KOMNAS HAM
93
A. INTRODUCTION ...............................................................................
95
B. KOMNAS HAM REGIONAL OFFICE IN NANGGROE ACEH DARUSSALAM
95
C. REGIONAL OFFICE IN MALUKU .........................................................
97
D. REGIONAL OFFICE IN CENTRAL SULAWESI ........................................
99
E. KOMNAS HAM REPRESENTATIVE IN WEST SUMATERA .......................
101
F. KOMNAS HAM REPRESENTATIVE IN WEST KALIMANTAN ....................
104
G. KOMNAS HAM REPRESENTATIVE IN PAPUA ........................................
106
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CHAPTER VI: CLOSING .......................................................................
109
APPENDIX ...........................................................................................
113
Appendix 1
LIST OF THE PLENARY SESSIONS DECISIONS OF THE NATIONAL
HUMAN RIGHTS COMMISSION OF INDONESIA IN 2006 ...........................
115
Appendix 2
PRESS RELEASE ..................................................................................
135
Appendix 3
LETTERS TO THE PRESIDENT OF THE REPUBLIC OF INDONESIA ............
142
Appendix 4
COMPLAINT HANDLING PROCEDURE .....................................................
158
Appendix 5
REPORT OF KOMNAS HAM SECRETARY GENERAL IN 2006 ......................
159
KOMNAS HAM FINANCIAL REPORT 2006 ................................................
162
LIST OF PHOTO
Commissioners of Komnas HAM ............................................................
7
Workshop on the Mapping of Problems of Sexual Health and
Reproduction of Women from Vulnerable Groups in Manado,
18-21 September 2006 ........................................................................
42
Moot Court Competition in Bandung, November 2006 ...........................
51
Komnas HAM Basic Human Rights Training, April-May 2006 ...................
53
Location of a house of member of the Ahmadiyah which was damaged
in the attack in Loteng, West Lombok in March 2006 ............................
70
Demonstration on Poso Case in Komnas HAM Office on
14 September 2006 .............................................................................
73
Press Conference on the Submission of the Report of the Ad Hoc Inquiry
Team on Gross Human Rights Violations of Enforced Disappearance
Incidents in 1997-1998 at Komnas HAM Office on 10 November 2006 ...
85
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LIST OF DIAGRAM
1. Complaints Received by Komnas HAM in 2006 .................................
65
2. Complaints Related to economic, social and cultural rights ..............................
66
3. Complaints Related to civil and political rights ................................
66
4. Complaints Related to the protection of vulnerable groups ...............................
67
5. Komnas HAM Staff according to Function ........................................
160
6. Komnas HAM Staff according to Level of Education ........................
160
7. Komnas HAM Budget in 2002-2006( in billion rupiah) ........................
161
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Chapter I
INTRODUCTION
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INTRODUCTION
A. PROFILE
The National Human Rights Commission of Indonesia (Komnas HAM) was
established on 7 June 1993 based on the Presidential Decree No. 50 Year
1993 on the National Human Rights Commission of Indonesia. The legal status
of Komnas HAM was subsequently strengthened through the Act No. 39 Year
1999 on Human Rights. According to article 1 point 7 of the Act No. 39 Year
1999 on Human Rights, Komnas HAM is an “independent institution, of an equal
level to other state institutions and which holds the functions of carrying out
research and study, education, monitoring and mediation of human rights”.
The enactment of the Act No. 39 Year 1999 on Human Rights was a follow-up of
the Decree of the People’s Consultative Assembly No. XVII/MPR/1998 on Hu-
man Rights. The Decree requires every state’s institutions and the government
to respect, uphold and promote human rights of all Indonesian people. The
Decree also requires the President and the House of Representatives (Dewan
Perwakilan Rakyat or DPR) to ratify the United Nations human rights instru-
ments in accordance with the Indonesian Five Principles (Pancasila) and the
1945 Constitution. Furthermore, the Decree also determined that a lawful na-
tional human rights institution should conduct the functions of research and
study, education, monitoring and mediation of human rights.
With stronger legal bases, Komnas HAM is expected to improve it functioning
in order to accomplish its aims stated in the article 75 of the Act No. 39 Year
1999 on Human Rights, which are: a) to develop conditions conducive to the
implementation of human rights in accordance with Pancasila, the 1945 Consti-
tution, the United Nations Charter and the Universal Declaration of Human Rights;
and b) to enhance the protection and upholding of human rights for the per-
sonal development of Indonesians as human beings in their entirety and their
ability to participate in various aspects of life (article 75). To achieve these
goals, Komnas HAM has the mandates to conduct research and study, educa-
tion, monitoring and mediation of human rights. The Act No. 39 Year 1999 on
Human Rights also provides Komnas HAM with sub-poena power in order to
resolve cases of human rights violations.
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The authority of Komnas HAM was increased with the enactment of the Act
No. 26 Year 2000 on Human Rights Court. This Act has appointed Komnas HAM
as the only institution to have the mandate to carry out inquiries of gross
human rights violations. According to the Act gross human rights violations
consist of genocide and crimes against humanity.
Commissioners or members of Komnas HAM are professional who have high
integrity, dedication, who respect the idea of legal and welfare state based on
justice, and who respect human rights and fundamental freedoms. According
the law, Komnas HAM could have 35 members who are elected by the House
of Representatives based on Komnas HAM’s recommendation. They will be
inaugurated by the President as the Head of State. The working period of
Komnas HAM members are five years with one time re-election.
The 2002–2007 membership working period of Komnas HAM was determined
by the Presidential Decree No. 165/M Year 2002 dated 31 August 2002. The
Decree had appointed 23 members of Komnas HAM who were elected by the
House of Representatives. Since then, Komnas HAM had lost three of its com-
missioners, Mansour Faqih (passed away on 16 February 2004) and Salahuddin
Wahid (resigned to be nominated as a candidate for vice presidency in the
national election in 2004) and Yuwaldi (passed away on 21 June 2006).
In order to carry out the function of research and study, Komnas HAM has the
following duties:
a.
to conduct study and research of various international human rights in-
struments with the purpose of providing recommendations on possible
accession to or ratification of such instruments;
b.
to conduct study and research of various legislations with a view to pro-
viding recommendations for the drawing up, amendment or revocation of
legislation concerning human rights;
c.
to publish the results of research and study;
d.
to conduct literature studies, field studies and comparative studies in
other countries;
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INTRODUCTION
e.
to discuss various issues relating to protection, upholding, and promotion
of human rights; and
f.
to conduct research and study in cooperation with organizations, institu-
tions or other parties, at the national, regional and international levels, in
the field of human rights.
In order to carry out the function of education and public information, Komnas
HAM has the following duties:
a.
to disseminate human rights principles and information to Indonesian pub-
lic;
b.
to endeavour to enhance public awareness of human rights through for-
mal and non-formal education institutions and various other circles; and
c.
to cooperate with organizations, institutions, and other parties at the na-
tional, regional and international levels in the field of human rights.
In order to carry out the function of monitoring, Komnas HAM has the following
duties:
a.
to monitor the implementation of human rights and make reports of the
result of the observations;
b.
to investigate and examine incidents which by their nature or scope may
reasonably be assumed that violations of human rights have taken place;
c.
to call on complainants or victims and those who are subjects of com-
plaints to make statements;
d.
to call on witnesses to give testimony and request the complainants wit-
ness to submit the necessary evidence;
e.
to conduct surveys of the locations of incidents and at other locations
which are deemed necessary;
f.
to call on concerned parties to provide written statements or submit
necessary documents in accordance with their originals with the agree-
ment of the Chair of the Court;
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INTRODUCTION
g.
to examine sites such as houses, yards, building and other places occu-
pied or owned by certain parties with the agreement of the Chair of the
Court; and
h.
to provide, on the basis of the agreement of the Chair of the Court, views
on particular cases undergoing judicial process, in the event that viola-
tions of human rights in public issue and examination process by the court
are found and the views of The Indonesian National Commission on Human
Rights have to be made known to the parties by the judge.
In order to carry out the function of mediation, Komnas HAM has the following
duties:
a.
to promote peaceful settlement between the two parties;
b.
to resolve cases by means of consultations, negotiations, mediations,
conciliation and expert evaluation;
c.
to provide recommendations to the parties concerned to settle the dis-
pute through court;
d.
to submit recommendations on a particular case of violations of human
rights to the Government in order that the settlement may be followed up
on; and
e.
to submit recommendations on a particular case of violations of human
rights to the House of Representatives of the Republic of Indonesia for
follow up action.
In carrying out its duties, a chairperson and two vice chairpersons are acting
as coordinators. They are elected by and from the members or commission-
ers of Komnas HAM. In 2006, Komnas HAM only has a chairperson and vice
chairperson due to the resignation of one vice chairperson resigned in 2004.
Moreover, the organs of Komnas HAM consist of the Plenary Session (the high-
est decision makers in Komnas HAM) and Sub-Commissions.
The implementation of Komnas HAM activities were conducted by Sub-Com-
missions consisted of Sub-Commission of Economic, Social and Cultural Rights;
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Sub-Commission of Civil and Political Rights; and Sub-Commission of Special
Group Protection. Subsequently, each Commissioner of Komnas HAM was given
a specific human rights theme or vulnerable group as his/her responsibility.
Hereby is the structure of Komnas HAM membership on 2002–2007:
COMMISSIONERS OF KOMNAS HAM
CHAIRPERSONS
Abdul Hakim Garuda Nusantara
Zumrotin K. Susilo
1.
Coordinator of the implemen-
1.
Responsible for human rights
tation of the Act No. 26 Year
educationb.
2000 on Human Rights Court.
2.
Responsible for the coordina-
2.
Responsible for inter Sub-Com-
tion of regional offices and rep-
mission themes and external
resentatives of Komnas HAM.
human rights themes.
3.
Responsible for the Documen-
3.
Responsible for the implemen-
tation and Information Centre.
tation of the amendment of the
Act No. 39 Year 1999 on Hu-
man Rights and the Act No. 26
Year 2000 on Human Rights
Court.
4.
Responsible for regional and in-
ternational relations.
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SUB-COMMISSION OF
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Amidhan
Anshari Thayib
Commissioner for the right of
Commissioner for the right to
workers and right to social
health and environment
security, and the right to work1
M. Habib Chirzin
Saafroedin Bahar
Commissioner for the rights to
Commissioner for the right of adat
education, science and technology
law community
Achmad Ali
Commissioner for the right to property
1 The right to work theme was given after the commissioner who handled the theme passed away on 21
June 2006.
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SUB-COMMISSION OF CIVIL AND POLITICAL RIGHTS
Soelistyowati Sugondo
M. Said Nizar
Commissioner for the right
Commissioner for the right of
to justice
citizen
Samsudin
Enny Soeprapto
Commissioner for the right to life
Commissioner for the right to
personal safety
Chandra Setiawan
Hasto Atmojo Surojo
Commissioner for the right to
Commissioner for the right to
personal freedom
personal development
MM. Billah
Commissioner for political right
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SUB-COMMISSION OF SPECIAL GROUPS PROTECTION
Ruswiati Suryasaputra
M. Farid
Commissioner for the protection of
Commissioner for the protection of
the rights of women
the rights of children
Djoko Soegianto
Koesparmono Irsan
Commissioner for the protection of
Commissioner for the protection of
the rights of elderly and disabled
the rights of IDPs and the poor
persons
Hasballah M. Saad
Taheri Noor
Commissioner for the protection of
Commissioner for the protection of
the rights of migrant workers
the rights of minorities and adat
and peasants
law community
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To facilitate better services to complainants, Komnas HAM had established a
Complaint Handling Unit based on Komnas HAM Decree No. 19/KOMNAS HAM/
VI/2004 dated 15 June 2004. The responsibility of the Complaint Handling Unit
is to provide operational and administrative supports with regard to complaints
management, through direct complaints and also complaints by mails, phone,
facsimile, or e-mail. The Complaint Handling Procedure of Komnas HAM could
be seen in appendix 4. Moreover, to facilitate easy access for the people to
file their complaints, Komnas HAM, pending this report, is developing an online
complaint handling system. This service is accessible through www.komnasham.go.id.
In carrying out its activities, Komnas HAM also needs a reliable and proper
information and documentation system. Therefore, Komnas HAM had estab-
lished an Information and Documentation Centre based on the Decree of Komnas
HAM Chairperson No. 18/KOMNAS HAM/VI/2004 dated 15 June 2004. The
Documentation and Information Centre has the responsibility to provide techni-
cal and administrative in documentation and information (library), information
technology, publication, as well as public relations and media.
Komnas HAM has three regional representatives in West Sumatera, West
Kalimantan and Papua, and also three regional offices in Nanggroe Aceh
Darussalam (NAD), Maluku and Central Sulawesi. The purposes of the regional
representatives and offices are to provide easy access for the people in these
areas far from Jakarta, especially victims, to file their complaints with regard
to human rights violations to Komnas HAM and to guarantee the protection and
promotion of human rights in these regions. Komnas HAM has started the prepa-
ration to establish regional offices in Riau and Nusa Tenggara Timur (NTT) in
2005. However, these regional offices have yet to be established in 2006.
Furthermore, in 2006 Komnas HAM still strive to increase the status of
regional offices in Maluku and NAD into regional representatives.
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INTRODUCTION
B. VISION AND MISSION
The vision of Komnas HAM is “The Protection and Enforcement of Human Rights
for All”.
The missions of Komnas HAM are:
1.
To improve the performance of Komnas HAM as a professional and cred-
ible institution at national and international level.
2.
To create a conducive situation for the protection and enforcement of the
human rights in order to develop an integrated and established Indone-
sian community so that they can participate in several aspects of life.
3.
To establish cooperation networks with stakeholders in order to promote
human rights protection and enforcement.
C. STRATEGIC PLANNING 2004–2008
Komnas HAM had formulated its Strategic Planning for 2004–2008. The strate-
gic issues which had been identified are as follows:
1.
Improvement of the performance
To improve the performance of Komnas HAM to increase public trust.
2.
Protection and enforcement of human right
•
To improve Komnas HAM public services for human rights victims.
•
To prevent, protect and resolve human rights violations cases and
horizontal conflicts.
3.
Law enforcement
•
To recommend the government to ratify international human rights
instruments.
•
To monitor the implementation of the international human rights instru-
ments ratified by the Government.
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4.
Institutionalization
To facilitate the central and local governments in formulating human rights-
based development policies.
5.
Empowerment
To disseminate human rights values to the public and state apparatus.
6.
Networking
To develop, maintain and establish networking with Komnas HAM stake-
holders, institutions and human rights defenders.
The strategic objectives of Komnas HAM are as follows:
1.
Optimalization of the implementation of Komnas HAM functions and obli-
gations, which should be measured by the indicators related to public
service quality, management system based on information technology,
and appropriate number of organizational resources.
2.
Establishing a conducive situation for the protection and enforcement of
human rights in Indonesia with the following major indicators:
a. Credible human rights tribunals;
b. Human rights protection-oriented laws;
c. Increased participation and mandates of Komnas HAM regional of-
fices and representatives regional areas;
d. Settlement of gross violations of human rights cases;
e. Comprehensive criteria and indicators of human rights violations pro-
vided for Komnas HAM stakeholders;
f.
Ratification of international human rights instruments;
g. Education, counselling and training on human rights on continuous basis;
and
h. Reconciliation and peace at conflicting areas.
3.
Synergy between Komnas HAM and its stakeholders which should be
measured by the indicators related to cooperation networking, communi-
cation and information management and active participation of Komnas
HAM stakeholders in handling human rights cases.
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D. RELATIONS WITH OTHER INSTITUTIONS
In implementing its functions, obligations and mandates, Komnas HAM has es-
tablished relations and/or cooperation with governmental and nongovernmen-
tal organizations at national, regional and international levels. These relations
and/or cooperation are described as follows:
1.
HEARING WITH DPR
In 2006, Komnas HAM had several hearings with the Third Commission of the
House of Representatives to discuss human rights issues. Several understand-
ing between Komnas HAM and the Third Commission of the House of Represen-
tatives are as follows:
a.
The Third Commission of the House of Representatives requested Komnas
HAM to finalize the on-going inquiry on Talangsari incidents according to
the Act No. 39 Year 1999 on Human Rights as soon as possible;
b.
The Third Commission of the House of Representatives requested Komnas
HAM to continue the monitoring of security officers with regard to the
treatment of the people suspected of human rights violations cases such
as in the Munir and Poso cases;
c.
The Third Commission of the House of Representatives supported the
result of the projustitia inquiry on enforced disappearance incidents in
1997-1998 completed by Komnas HAM and will arrange a tripartite dis-
cussion about the matter with Komnas HAM and the Attorney General in
order to urge the investigation process by the Attorney General;
d.
The Third Commission of the House of Representatives and Komnas HAM
urged the President to take immediate actions in order to end possible
acts of violence and to return the victims of enforced disappearance in
1997-1998 (13 pro-democracy activists) to their families.
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THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
INTRODUCTION
2.
THE 11TH ANNUAL SESSION OF ASIA PACIFIC FORUM FOR NATIONAL
HUMAN RIGHTS INSTITUTIONS
Komnas HAM had attended the annual session of the Asia Pacific Forum for
National Human Rights Institutions (APF) in Suva, Fiji on 31 July to 3 August
2006. The session had determined several agreements, such as, draft of APF
Strategic Planning 2007-2009, APF membership in the International
Coordinating Committee (ICC) and sub-regional cooperation framework in Asia
Pacific.
3.
REALIZATION OF CONSULTATION MECHANISM OF ASEAN NATIONAL
HUMAN RIGHTS INSTITUTIONS
As a follow-up to the meeting held in Bangkok in October 2004 which estab-
lished the human rights themes as joint interests in Southeast Asia region, the
second meeting was held in Kuala Lumpur, Malaysia. The meeting had decided
to strengthen the Bangkok agreement in 2004, as follows:
1.
To assign specific country to be responsible for each human rights theme,
such as:
a) Indonesia for terrorism and also the cooperation framework and insti-
tutionalization of the mechanism between ASEAN national human rights
institutions;
b) Philippines for human rights trafficking;
c) Thailand for the right to development and economic, social and cul-
tural rights;
d) Philippines and Thailand for human rights education;
e) Malaysia for the rights of migrant workers.
2.
The ASEAN national human rights institutions (Indonesia, Malaysia, Philip-
pines and Thailand) will strengthen their cooperation through a signing of
a memorandum of understanding on the third meeting in Indonesia in 2007.
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INTRODUCTION
4.
THE UNITED NATIONS HUMAN RIGHTS COUNCIL SESSION
Komnas HAM had attended the third round of the United Nations Human Rights
Council session in Geneva, Switzerland on 8 December 2006. In the meeting,
Komnas HAM delegation had stated its recommendations in the session to urge
the Indonesian Government to support Indonesian people to become members
of international treaty bodies, independent experts, special rapporteur and
others. Other matter determined in the session was the formulation of rules of
procedures for the participation of national human rights institutions in Human
Rights Council session, especially with regard to universal periodic review.
5.
COOPERATION WITH INTERNATIONAL FUNDING AGENCIES
In 2006, Komnas HAM also conducted several cooperation programmes with
the Indonesia Australia Legal Development Facilities (IALDF), such as, conflict
mapping, strategic planning for regional representatives and offices, financial
training and public campaign. These programmes focused on capacity build-
ing of human resources of Komnas HAM, especially in the regional representa-
tives and offices.
6.
THE SECOND ROUNDTABLE DISCUSSION ON HUMAN RIGHTS IN ASEAN
Komnas HAM was also actively involved in the Second Roundtable Discussion
on Human Rights in ASEAN: Challenges and Opportunities for Human Rights in
Caring and Sharing Community. The meeting was held by the Department of
Foreign Affairs of the Republic of Indonesia in cooperation with the ASEAN
Human Rights Working Groups in Jakarta in 18–19 December 2006.
The Second Roundtable Discussion had discussed several human rights issues
in Southeast Asia region, such as the formulation of the ASEAN Charter to
promote and protect human rights in Southeast Asia region. However, several
ASEAN member states were still reluctant to discuss the possibility of human
rights protection and promotion through sub-regional human rights coopera-
tion framework within ASEAN mechanism which is similar to the human rights
mechanisms in Europe, Latin America and Caribbean, and Africa. There are
two regional institutions in several of these regions, which are the regional
commission on human rights and regional tribunal to solve human rights viola-
tions cases.
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THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Chapter II
HUMAN RIGHTS
CONDITION
IN INDONESIA
IN 2006
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HUMAN RIGHTS CONDITION IN INDONESIA IN 2006
A. INTRODUCTION
The year 2006 could be considered as a new era for human rights promotion in
Indonesia. In October 2006 Indonesia had ratified the International Covenant
on Economic, Social and Cultural Rights (ICESCR, 1966) and the International
Covenant on Civil and Political Rights (ICCPR, 1966). Both instruments are con-
sidered as the International Bills of Rights for the promotion and protection of
human rights all over the world. However, looking at the human rights condition
in Indonesia in 2006, the condition conducive for the implementation of human
rights in Indonesia has yet been fulfilled. In short, these conditions could be
seen through, first, the completion of gross human rights violations cases,
which are: (a) the discontinue investigation process by the Attorney General
with regard to cases with indication of gross human rights violations although
the inquiry of these cases had been completed by Komnas HAM for a long time
(the Trisakti 1998, Semanggi I 1998 and Semanggi II 1999 incidents (TSS 1998-
1999), the May Riot 1998 incident, the Wasior 2001-2002 incident and the
Wamena 2003 incident); and (b) the refusal of several members of state appa-
ratus to cooperate with Komnas HAM regarding the implementation of projustitia
inquiry on alleged gross human rights violations, in this regard, the inquiry on
enforced disappearance incidents in the context of crimes against humanity.
Second, some problems still occurred in the implementation and fulfilment of
economic, social and cultural rights, such as: (a) increasing number of unem-
ployment which shown the un-fulfilment of the right to work; (b) suffering of
people in the regional area because of busung lapar which shown the un-
fulfilment of the rights to food and health; and (c) the hot-mud flow disaster
which covered a large area and caused people to leave their home and lost
their jobs. This was considered as a violation to the right to survival and the
right to good and healthy environment.
Third, several problems also occurred in the implementation and protection of
civil and political rights, among others: (a) The implementation of freedom of
speech in public places still followed by acts of violence and even some atroci-
ties; (b) The continued acts of violence either conducted by the state appara-
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HUMAN RIGHTS CONDITION IN INDONESIA IN 2006
tus or radical groups in the community. These were considered as violation of
the right to personal safety and also the right to the protection of privacy,
honour and dignity of a person; (c) The intrusion of the right to personal free-
dom, such as freedom of religion and to worship according to his/her religion
or belief experienced by, among others, the Ahmadiyah adherents; and (d) The
prolonged discrimination of particular religious adherents to practice their
religion or belief through the determination of the Joint Regulations between
Ministry of Religious Affairs and Ministry of State Affairs No. 9 Year 2006 and
No. 8 Year 2006 on the Guidelines for Head or Vice Head of Regions to Carry
Out Maintenance of Tolerance between Religious Adherents, Empowerment of
Religious Adherents Forum and Establishment of Religious Places.
Apart from the three immense problems mentioned above, several matters
should also be considered, such as: (a) the suspension of the implementation
of several international human rights instruments ratified by the Indonesian
government at national level; and (b) the discontinue of Munir case with further
investigation as decided by the Central Jakarta District Court which concluded
the involvement of other parties in the murder case. These conditions have
shown that the state which holds the responsibility of the protection, promo-
tion, enforcement and fulfilment of human rights has yet performed its efforts
to truly carry out its obligations.
It should be noted that the attention of international community with regard to
the protection, promotion, enforcement and fulfilment of human rights in Indo-
nesia will increase with the implementation of a universal periodic review sys-
tem by the United Nations Human Rights Council as the replacement of the
United Nations Human Rights Commission. Indonesia has been appointed as a
member of this Council. In this chapter, the discussion on human rights condi-
tion in Indonesia in 2006 will be divided into two sub-chapters, which are the
condition of economic, social and cultural rights; and the condition of civil and
political rights. The discussion will also entail several major developments of
human rights occurred in 2006.
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HUMAN RIGHTS CONDITION IN INDONESIA IN 2006
B. CONDITION OF ECONOMIC, SOCIAL AND
CULTURAL RIGHTS
MIGRANT WORKERS
The problems faced by migrant workers are complicated and dilemmatic. In
essence, the State should not prohibit its citizens who want to work abroad.
However, the Indonesian government policies towards migrant workers have
yet taking the worker’s side. Until the end of March 2006, the Indonesian State
has gained US$ 3.1 trillion income from Indonesian citizens working abroad
(mostly Indonesian migrant workers). Regrettably, these workers, especially
women workers, are often ill-treated during departure, transit, work places
and return. Cases of documents forgery, violations of work contracts, under-
paid wages, unpaid wages, fraud, persecution, physical abuse and sexual ha-
rassment often occurred. Until the end of 2006, the Government has yet found
any solution to this matter.
In 2006, there were 102 undocumented migrant workers who were forced to
leave Malaysia. These workers just finished their imprisonment time in Kajang,
Malaysia. Meanwhile, the United Nations Special Rapporteur for the Rights of
Migrant Workers, Jorge Bustamante, in his report in December 2006, stated
that many Indonesian migrant workers have experienced human rights viola-
tions. Human rights violations mostly faced by women and children migrant
workers. They were raped, forced to become prostitutes and experiencing
other types of violence. Some other violations they experienced were long-
hours of working without breaks, un-scheduled payment of wages and even
unpaid wages, as well as mental abuses.
Other factor which causes vulnerability of Indonesian migrant workers in Ma-
laysia is a clausal in the Memorandum of Understanding (MoU) between the
Indonesian and Malaysian governments on migrant workers. The clausal allows
employers to keep the migrant workers’ passport (identity) working for him/
her. The clausal in the Memorandum of Understanding has opened the
possibility of human rights violations of these migrant workers. Other finding
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HUMAN RIGHTS CONDITION IN INDONESIA IN 2006
also showed that the Malaysian government still applies beating using a whip
as punishment for Indonesian migrant workers. Moreover, competition between
migrant workers agents both in sending and receiving countries also added to
difficulties for legal protection for these migrant workers.
Since it became operational in 31 August 1999, the management of Terminal III
at the Soekarno Hatta International Airport in Jakarta has yet tried to improve
its services for Indonesian migrant workers. They were often forced to use
specific travelling agencies. There lacked of female officers in the Terminal III
that has caused difficulties in dealing with mostly female migrant workers.
Moreover, access to Terminal III was restricted for public which prohibited the
family to directly pick up the member of the family. In 2006, many migrant
workers have asked the Government to close this terminal designed specifi-
cally for migrant workers because many acts of enforced payment, persecu-
tion, fraud and sexual harassment occurred in this terminal.
With regard to the fulfilment of the right to education for the children of mi-
grant workers, Komnas HAM acknowledges the positive efforts conducted by
the Department of National Education that sent out 51 Indonesian teachers to
Sabah, Malaysia. The programme was part of the implementation of an agree-
ment between the Indonesian President and Malaysian Prime Minister in Bukit
Tinggi, North Sumatera in 2005. This number was only the beginning of the
planned 500-1000 teachers who will be send to teach the children of Indone-
sian migrant workers in Malaysia. The programme was facilitated not only by
the Indonesian and Malaysian governments, but also by some plantation com-
panies that hired these workers. Until the end of 2006, more than 36 thousand
children of migrant workers in Sabah still has yet received education while the
Malaysian Government refused these children to be educated in public schools.
HUMAN TRAFFICKING
Due to its organized crimes nature, human trafficking is a complicated prob-
lem. Pending this report, there are no exact numbers of victims of human
trafficking. It is predicted that the actual numbers are higher that the recorded
numbers. Most of the victims are women and children. They became fraud
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HUMAN RIGHTS CONDITION IN INDONESIA IN 2006
victims since recruitment process (through false promises of jobs with high
wages), in transit areas, as well as at the work places.
The efforts to deal with human trafficking are hindered with the delay in the
enactment of the legislation on anti-trafficking in person which has been drafted
since 2002. Moreover, related institutions and agencies at national and re-
gional levels have yet coordinated with one another. This coordination, par-
ticularly at regional level, is very important since trafficking in persons is
trans-borders crimes.
THE PROTECTION AND FULFILMENT OF IDPS RIGHTS POST TSUNAMI DISAS-
TERS IN PANGANDARAN, WEST JAVA AND ALSO THE POST EARTHQUAKE
DISASTERS IN YOGYAKARTA AND CENTRAL JAVA
Natural disasters occurred in 2006 which had caused casualties, injuries as
well as homeless people. These people have become internally displaced per-
sons (IDPs). The protection and fulfilment of IDPs rights in the post-disasters
era was more focused on the rehabilitation of victims and infrastructure re-
construction as the main programmes of the Government and its apparatus
through The National Coordinating Agency for IDPs and Disaster Management
(Satuan Koordinasi Pelaksana Penanganan Bencana Alam dan Pengungsi or
Satkorlak PBP). The programmes involved elements of the community in the
establishment of disaster command post, building of bathing-washing-toilet fa-
cilities, and supplying medicine, clean water, clothing and food. However, the
follow-up of the programmes was hindered due to the unclear number of vic-
tims.
Other problem in dealing with post-disasters was the unresponsive approach
of vulnerable groups such as women, children, as well as disabled and elderly
persons. The implementation of policies with regard to victims of natural di-
sasters which often modified, especially the victims of the earthquake
occurred in Yogyakarta and Central Java on 27 May 2006, has triggered
the filing of a law suit against the Government.
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HUMAN RIGHTS CONDITION IN INDONESIA IN 2006
MALNUTRITION AND BUSUNG LAPAR
Hunger and malnutrition in several regions has been reported widely by the
media. Since January 2006, 206 babies were experiencing bad nutrition and
more than 2,000 babies were experiencing malnutrition, such as in Lembata
District, Nusa Tenggara Timur as well as other regions. Infant mortality due to
busung lapar also occurred in 2006.
About 122 district and/or cities in Indonesia were considered as food-vulner-
able areas because most of its inhabitants could not afford the 70% daily
nutrition index. Ironically, food supply vulnerability happened in regions which
produced food since many farmers did not have enough production resources.
They did not have enough income to buy food equal to 2.000 kilo-calories and
52 gram-protein per person per day (daily nutrition index). The number of food-
vulnerable areas added when Aceh and southern of Java destroyed by tsunami
and earthquake. New areas with extreme poverty also emerged in Kalimantan
and Sulawesi when flood disasters occurred in these regions. Chronic poverty
and poverty caused by natural disasters had made poor families could not
afford to buy food in appropriate amount for all family members.
Nutritional decay was not only the problem of lack of food and decreasing
purchasing power. It was also related to bad management of the State that the
Government could not protect its citizens from hunger. The Government
programmes dealing with malnutrition were only ad hoc in nature, namely, the
rice for the poor programme and direct fund assistance programme (Bantuan
Langsung Tunai or BLT). Busung lapar cases have shown that the Government
has not carry out its constitutional obligation with regard to the fulfilment of
the rights to food and health.
THE NATIONAL EXAMINATIONS
Problems occurred with regard to the implementation of the National Examina-
tions system in May 2006. Many intermediate school students failed the exami-
nations. As the result, the parents filed law suits against the President, the
Vice President, the Minister of National Education and the Head of National
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THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
HUMAN RIGHTS CONDITION IN INDONESIA IN 2006
Education Standard Body. The law suits demanded, among others, re-imple-
mentation the national examination and revision of the national examination
policy. The Government was failed to fulfil the right to education and to protect
school children in Indonesia which caused failure of these students to develop
themselves with further education. Moreover, the parents also demanded the
Government to revise the Act No. 20 Year 2003 on the National Education
System and the Government Regulation No. 19 Year 2005 on National Educa-
tion Standard. They also demanded that the Government should make new
additional regulations with regard to standard of passing an examination.
POVERTY AND UNEMPLOYMENT
Poverty and unemployment problems are serious problems which has caused
the un-fulfilment of the economic, social and cultural rights as well as civil and
political rights of millions of people.
In 2006, the World Bank launched the result of its research which shown that
half of Indonesian population were still living in extreme poverty. They have to
live with income less than US$ 2 per day (around IDR 18,000). Furthermore,
around 40% of the poor community could not send their children to intermedi-
ate school. In 2005, the level of poverty was 35.1 million people or 16.67% of
the total population. Meanwhile, according to the population census conducted
in May 2006, the level of poverty has reached 39.02 million people or 17.75%
of the total population since the increase of fuel prices. In order to provide
easy access to health care, the Government has introduced the Health Social
Security for Poor Families system (Jaring Pengaman Kesehatan bagi Keluarga
Miskin or JPK Gakin). With this system, poor families could receive free health
care through an insurance system. Moreover, IDR 51 trillion has been allo-
cated for poverty eradication programme. Around IDR 23 trillion of the fund
was allocated for the 9-years obligatory education programme. Moreover,
School Operational Funding Assistance programme (Bantuan Operasional
Sekolah or BOS) has yet met the need of the poorest of the poor community.
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HUMAN RIGHTS CONDITION IN INDONESIA IN 2006
Furthermore, the Central Statistical Bureau (Badan Pusat Statistik or BPS) re-
corded that until October 2006, the number of unemployment in Indonesia has
reached 11.1 million people. The West Java province was in the first place
with 3.9 million unemployed people. The second place was Jakarta with 2.8
million unemployed people and the third place was the East Java province with
1.8 million unemployed people. These numbers consisted of 10.8 million cons-
tant unemployment (10.21% of the total population) and 29.64 million of part-
time unemployment (31.22% of the total population).
HOT MUD-FLOW DISASTER IN SIDOARJO
Hot mud-flow disaster has occurred in the areas of natural gas exploration in
Porong, Sidoarjo since 29 May 2006. These areas were operated by PT Lapindo
Brantas. As the result, more than 10 thousand people have to evacuate the
areas and became internally displaced persons (IDPs). Thousand of workers
and farmers became unemployed since the rice fields, plantations and facto-
ries where they used to work were flooded by mud. This disaster was worsen
with the explosion of gas pipes belonged to Pertamina which cause 13 casual-
ties, 14 injured and one person missing.
The hot mud has flooded at least three villages and hundreds hectares of land.
These have caused human rights violations of the population in Porong, Sidoarjo,
such as their right to good and health environment, following the destruction of
the ecosystem.
Moreover, the violations of the right to environment due to hot mud-flow disas-
ters in Sidoarjo also caused violations of the right to health. The decrease in
the quality of health of the people living in the areas happened because their
homes were contaminated with mud and gas. As the result, 31,334 people
have to be medicated and 650 people have to be hospitalized.
Additionally, the hot mud-flow disasters also caused violations of the right to
education. At least 1,662 school children have to study in other schools. They
also have to live in refugee’s camps that do not have adequate schools.
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HUMAN RIGHTS CONDITION IN INDONESIA IN 2006
The hot mud-flow has caused violations of the right to work. At least 20 facto-
ries have to close down and stop their operations. As the result, 3,614 factory
workers have to stop working and become unemployed. Meanwhile, hundreds
of farmers could not work in their lands since about 300 hectares farm lands
and 61 hectares sugar-cane plantation were flooded with mud. Moreover, at
least 40 micro and middle businesses have stopped production since the di-
saster occurred.
The hot mud-flow disasters in Sidoarjo also created serious problems with
regard to the right to property. According to the record, at least 1,810 homes
in five villages were flooded with mud due the continuous hot mud-flow. The
people had to leave their homes. They also lost their properties, such as land,
house, important documents, households’ and electronic equipments and also
their animals. The disasters have eliminated land borders and evidences of
property ownership. These have created difficulties for the owners since they
did not have legal documents which could prove their ownerships of houses
and lands. The destroyed important documents such as personal identity, di-
plomas and certificates have added the complication of the problems of the
right to property.
INDIGENOUS PEOPLE (ADAT LAW COMMUNITY)
The violations of the constitutional rights of the indigenous people were not
only when violence occurred between the members of the indigenous people
groups with security officers with regard to land cases. Violations also oc-
curred during the formulation and enactment of legislations, such as the provi-
sions on requirements of the indigenous people with regard to the
acknowledgement of their traditional lands (tanah ulayat). For examples, the
traditional lands could not be used as guarantee for bank loans. For bank
loans, the lands should be converted into lands with licence for business for a
period of time. After that, the lands would not directly return to its former
status and to the indigenous people. With these practices, in a few years time,
all traditional lands in Indonesia would belong to the State and the indigenous
people would not own any land anymore.
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HUMAN RIGHTS CONDITION IN INDONESIA IN 2006
Other form of violations of the rights of indigenous people was related to the
definition on the Act No. 41 Year 1999 on Forestry. The provisions in this Act
stated that traditional forests surrounding the indigenous people environment
belong to the State. This definition has implicitly negated the meaning of tradi-
tional forests as the property of the indigenous people.
Actually, the protection of the rights of indigenous people is guaranteed by
article 51 of the Act No. 24 Year 2003 on Constitutional Court. Provisions in
this Act stated that indigenous people could forward their complaints to the
Constitutional Court when they feel that their constitutional rights have been
violated by current legislations.
C. CONDITION OF CIVIL AND POLITICAL RIGHTS
DEATH PENALTY
Until September 2007, 134 prisoners in Indonesia are waiting for the execu-
tion of the death penalty. 37 of this number are foreign citizens and 97 are
Indonesian. The majority of the prisoners were proven guilty of crimes related
to drugs (narcotics). The imminent executions are results of pending reviews
(Peninjauan Kembali) of the Supreme Court decisions. Meanwhile, the Regional
House of Representatives (Dewan Perwakilan Rakyat Daerah or DPRD) of Bali
had urged the Third Commission of the House of Representatives of the Repub-
lic of Indonesia to summon the Attorney General to inquire on the implementa-
tion of executions of alleged persons of the First Bali Bombing, namely, Amrozi,
Imam Samudra and Muklas.
Moreover, three alleged persons for Poso riot incidents, namely Fabianus Tibo,
Marinus Riwu and Dominggus da Silva had been executed on 22 September
2006 in Palu, Central Sulawesi. Even though they were witnesses in the inves-
tigation of “Group 16”, the death penalty were still executed after their re-
quests of clemency to the President of the Republic of Indonesia were re-
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HUMAN RIGHTS CONDITION IN INDONESIA IN 2006
jected on 10 November 2005. Until the end of 2006, Indonesia still has at least
11 legislations which contain death penalty.
The right to life is non-derogable human rights at any condition and by anyone
as governed in the 1945 Constitution as well as the Act No. 39 Year 1999 on
Human Rights. It should be noted that many countries in the world have banned
death penalty in their legal system, or have limited death penalty only for
particular cases such as war and other state emergency. In principle, the
Second Protocol of the International Covenant on Civil and Political Rights (1988)
prohibited death penalty except for particular condition such as war and other
state emergency.
AHMADIYAH ADHERENTS
In February and March 2006, the Ahmadiyah adherents in Central Lombok,
Nusa Tenggara Barat (NTB) were evicted by the local community. This inci-
dents had caused 141 persons had to fled their homes. Unfortunately, the
Regional Government as well as local police officers did not do anything when
and after the incidents occurred. The adherents of Ahmadiyah also experienced
acts of violence during the eviction. Therefore, the Ahmadiyah adherents claimed
that their rights have been violated, particularly since the Government has yet
conducted any efforts to solve the problem.
The prohibition of Ahmadiyah adherents in Central Lombok as well as other
areas in Indonesia is human rights violations, particularly the right of freedom
of religion. Moreover, the eviction of Ahmadiyah adherents from their homes is
a violation to their right of freedom to choose the place to stay within the
territory of the Republic of Indonesia.
REGIONAL REGULATIONS VIOLATING HUMAN RIGHTS
The regional governments’ authority to govern their own territory is part of the
implementation of regional autonomy. However, this authority has produced
regional regulations related to particular religion and discriminative in nature
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HUMAN RIGHTS CONDITION IN INDONESIA IN 2006
on particular groups, which are violating human rights. There are at least 22
cities and districts implementing regional regulations based on Islamic law,
among others, “anti pornography” regulation, obligation to wear veil for stu-
dents and prohibition of women to go out alone at night time.
In Banten, the Tangerang city government had enacted the Regional Regulation
No. 8 Year 2005 on the Prohibition of Prostitution on 27 November 2005. How-
ever, this regulation had caused the police and/or security officers to act
recklessly on the street, particularly arresting women going out alone at night
who are being accused as prostitutes. This regulation should be withdrawn
because it violates human rights, particularly the freedom of movement. More-
over, the regulation also caused misuse of power and authority of the state
apparatus, since there are no specific criteria in defining person(s) who are
outside their homes alone at night and the one(s) who are not.
In East Java, the Surabaya city government had enacted the Regional Regula-
tion No. 17 Year 2003 on Street Vendors (Pedagang Kaki Lima or PKL). The
regulation has violated human rights because it required the street vendors to
register their businesses. The requirement had limited the opportunity for people
coming from outside Surabaya to conduct businesses as street vendors which
has violated the right to work and freedom of movement.
In Jakarta, the regional government had enacted the Regional Regulation No,
11 Year 1998 on Social Order and the Regional Regulation No. 4 Year 2004 on
Population Registration. Based on these regulations, the regional government
had conducted the yustisi operation which arrested people who do not have
identity card. These regulations are violating human rights, particularly free-
dom of movement governed by article 27 of the Act No. 39 Year 1999 on
Human Rights.
It should be noted that article 6 of the Act No. 10 Year 2004 on the Enactment
of Legislations has governed that one of the principle in creating and enacting
a regulation or legislation is “humanity”, elucidated as “respect of human rights”.
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HUMAN RIGHTS CONDITION IN INDONESIA IN 2006
CITIZENSHIP
One of the efforts to amend the policy with regard to citizenship, particularly
non-discriminative legislations which protect the right of children of Indonesian
mothers who married non-Indonesian citizens, was the enactment of the Act
No. 12 Year 2006 on Citizenship. The Act, as a replacement of the Act No. 62
Year 1958, is aimed to solve the uncertainty of the status of citizenship of
particular persons and to provide legal protection of the Indonesian citizens.
The new Act contains new provisions, among others, the elimination of the
phrase “original Indonesian” (“Indonesia asli”) which has caused many discrimi-
native actions.
The Act No. 12 Year 2006 on Citizenship provides limited double-citizenship for
children from multi-citizenship parents. This provision also applies for a child
born from of illegal marriage between a mother who is not Indonesian and a
father who is Indonesian. The father should acknowledge the child before s/he
reaches the age of 18 years old or before s/he gets married. Moreover, the
limited double-citizenship also applies to a child born in Indonesian territory
while the status of citizenship of the parents is still uncertain. The Act No. 12
Year 2006 on Citizenship also states that a wife who is Indonesian could spon-
sor her husband who is not Indonesia to apply for permanent residency. More-
over, the Act also determines that every person who has been a citizen of
Indonesia her/his birth does not need the Letter of Evidence of Indonesian
Citizenship Holder (Surat Bukti Kewarganegaraan Republik Indonesia or SBKRI).
These changes have shown the efforts to protect the right of every person for
her/his citizenship.
However, the Act still poses a threat to the lost of citizenship for an Indonesian
who continuously work in foreign countries for five years period who is not
under official assignment: (a) which is conducted without legal reason and who
intentionally does not affirm her/his intention to become Indonesian citizen
before the end of the five years period; and (b) who does not affirm her/his
intention to become Indonesian citizen to the Representatives of the Republic
of Indonesia during the next five years periods.
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HUMAN RIGHTS CONDITION IN INDONESIA IN 2006
D. THE TRUTH AND RECONCILIATION COMMIS-
SION (KOMISI KEBENARAN DAN REKONSILIASI
OR KKR)
The Constitutional Court (Mahkamah Konstitusi or MK), in its decision No. 006/
PUU-IV/2006 in December 2006 had determined that the Act No. 27 Year 2004
on the Truth and Reconciliation Commission did not comply with the 1945 Con-
stitution and that the Act No. 27 Year 2004 on the Truth and Reconciliation
Commission did not legally binding.
The decision of the Constitutional Court had created negative impact on the
enforcement of justice and human rights in Indonesia, particularly with regard
to the settlement of gross human rights violations cases occurred before the
enactment of the Act No. 26 Year 2000 on Human Rights Court. However, the
decision of the Constitutional Court should not negate the idea of national re-
conciliation to strengthen the unity of the nation as intended by the People’s
Consultative Assembly (Majelis Permusyawaratan Rakyat or MPR) in its deci-
sion No. V/MPR/2000. The reconciliation efforts should be conducted through
many methods, among others, through enactment of legislations comply with
the 1945 Constitution and international human rights instruments or through
political policies regarding rehabilitation and amnesty in general. Therefore,
the alternative (non-judicial) process to solve gross human rights violations is
still possible according to article 47 of the Act No. 26 Year 2000 on Human
Rights Court through the formulation of a new draft of legislation on the Truth
and Reconciliation Commission.
However, it should be noted that the reconciliation process as non-judicial
alternative settlement of gross human rights violations cases occurred before
the enactment of the Act No. 26 Year 2000 on Human Rights Court will need
political willingness of all parties. Thus, the only mean to solve gross human
rights violations cases happened before the enactment of the Act No. 26 Year
2000 on Human Rights Court is through judicial process governed by the Act.
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THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Chapter III
THE IMPLEMENTATION OF
KOMNAS HAM FUNCTIONS
BASED ON THE ACT
NO. 39 YEAR 1999
ON HUMAN RIGHTS
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THE IMPLEMENTATION OF KOMNAS HAM FUNCTIONS
BASED ON THE ACT NO. 39 YEAR 1999 ON HUMAN RIGHTS
A. INTRODUCTION
To achieve its objectives as stated in the Act No. 39 Year 1999 on Human
Rights, Komnas HAM carried out the functions of study and research, educa-
tion, monitoring and mediation of human rights. In implementing these func-
tions, Komnas HAM had established three Sub-Commissions, namely, the Sub-
Commission on Economic, Social and Cultural Rights; the Sub-Commission on
Civil and Political Rights; and the Sub-Commission of Special Group Protection;
as well as the Documentation and Information Centre.
This chapter will describe the implementation of the four functions of Komnas
HAM in the protection, upholding and implementation of human rights in Indone-
sia. This chapter will also describe the efforts in dealing with some human
rights cases in 2006.
B. IMPLEMENTATION OF THE FUNCTION OF
HUMAN RIGHTS STUDY AND RESEARCH
To carry out the study and research functions, Komnas HAM had carried out
several activities, such as the mapping of problems related to human rights
violations of particular groups and study on several legislation related to hu-
man rights issues. Several activities in the study and research in 2006 are as
follows:
1.
RESEARCH ON THE IMPLEMENTATION OF THE HEALTH AND SAFETY
AT WORKPLACE REGULATIONS (KESEHATAN DAN KESELAMATAN
KERJA OR K3)
Workers often faced sexual harassment and accidents at their working places.
For that reason, Komnas HAM conducted a research on the implementation of
the Health and Safety at Workplace Regulations in three cities, namely, Gresik,
Makassar and Samarinda. In each city, the research team took research sample
from the Local Government Manpower Offices (Kantor Dinas Tenaga Kerja)
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and two companies in logging industry which employed more than 100
workers.
The research found that the Health and Safety at Workplace Regulations has
yet been implemented properly. For examples, firstly, routine inspection on
health condition of the workers was often neglected. Secondly, the manage-
ment system of the Health and Safety at Workplace Regulations has yet been
implemented as the integral part of the companies’ management system. Thirdly,
there was only limited number of experts in the Health and Safety at Work-
place Regulations. Fourthly, monitoring of the implementation of the Health and
Safety at Workplace Regulations, both from the companies’ management or
the Local Government Manpower Offices, was weak. And finally, there was a
lack of training with regard to hazardous matters that have negative impact on
health and safety of the workers. Moreover, some companies employed their
workers beyond the appropriate working hours governed by the Act No. 13
Year 2003 on Employment. They also did not report the number of accidents
occurred to the Local Government Manpower Offices.
Some companies have yet implemented the provisions in the Health and Safety
at Workplace Regulations because of several obstacles. For example, firstly,
many company’s owners had only limited knowledge and understanding on the
manners to implement the Health and Safety at Workplace Regulations system.
Secondly, many workers also have little information on the importance of the
Health and Safety at Workplace Regulations because of the lack of orientation
and training for them. Finally, the implementation of the Health and Safety at
Workplace Regulation was often monitored inconsistently. Furthermore, the Local
Government Manpower Offices responsible to monitor the regulation was
facing a dilemma in upholding the provisions in the regulation. On one side,
strict monitoring in the implementation of the regulation would cause closing-
down of some companies which in the end would cause increase in unemploy-
ment. On the other side, persuasive manners in the monitoring were inter-
preted as ambiguous attitude of the Local Government Manpower Offices.
Other obstacle faced was the lack of human resources and facilities to per-
form effective monitoring, as well as the fact that several provisions in the
regulation were out-dated.
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2.
STUDY ON THE FULFILMENT OF THE RIGHT TO ENVIRONMENT IN THE
HOT MUD-FLOW DISASTERS OF P.T. LAPINDO BRANTAS
As the response to the hot mud-flow disaster in Sidoarjo, East Java, Komnas
HAM had carried out a study on the fulfilment of the right to good and health
environment. The study started with preliminary monitoring to the location of
the hot mud-flow in Porong, Sidoarjo, East Java. Several findings from the
study are as follows:
a.
The operations conducted by P.T. Lapindo Brantas in Porong, Sidoarjo
did not have Environmental Impact Assessment (Analisa Dampak Lingkungan
or AMDAL). The operations were only based on Environmental Activities
Planning (Rencana Kegiatan Lingkungan or RKL).
b.
Pending the end of the study, P.T. Lapindo Brantas has yet found the main
source of the hot mud-flow which has flooded many villages in Porong,
Sidoarjo.
c.
The people in the area complained about the lengthy efforts to solve the
problem.
d.
The local government of KABUPATEN Sidoarjo district had stated its in-
ability to deal with the problem and the impacts of the problem for the
people living in the area.
e.
Pending the end of the study, the central government are still trying to
deal with the rehabilitation programme.
The result concluded that the rights of the people living in the surrounding
areas have been hindered, restricted, limited and omitted, namely, the right to
good and healthy environment, right to health, right to property, right to work,
right of workers and right to welfare.
3.
STUDY ON THE DRAFT OF THE ACT ON HEALTH
The aim of the study was to provide inputs to the Ninth Commission of the
House of Representatives (Dewan Perwakilan Rakyat or DPR) that in the pro-
cess of discussing the draft of the act on health. Some inputs from the study
are as follows:
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a.
To include the right to health as part of human rights in the draft of the act
on health according to the provision in the Act No. 11 Year 2005 on the
Ratification of the International Covenant on Economic, Social and Cul-
tural Rights that legalized the Covenant as national legal instrument.
b.
The government should take responsibility on health problems according
to the mandate of the 1945 Constitution and article 8 of the Act No. 39
Year 1999 on Human Rights which emphasized that the State, especially
the Government, has the obligation to protect, respect and uphold human
rights.
4.
STUDY ON THE ACT NO 23 YEAR 1992 ON HEALTH FROM HUMAN
RIGHTS PERSPECTIVE
The failure of law suits due to insufficient evidence and class actions with
regard to environmental problems had urged Komnas HAM to carry out a study
on the Act No. 23 Year 1992 on Health from human rights perspective. The aim
of the study was to observe on how the act protects the rights of the victims of
environmental damages.
The result of the study concluded that the Act No. 23 Year 1992 on Health has
yet responded to the fulfilment of the state obligations to respect, protect and
fulfil the right to health of its citizens. The result of the study stated that the
Act No. 23 Year 1992 on Health has yet accommodated the four elements
contained in the General Comment No. 14 of the United Nations Economic,
Social and Cultural Committee on the Right to the H Attainable Standard of
Health, namely, availability, accessibility, acceptability and quality.
The study recommended, among others:
a.
The Government should amend the Act No. 23 Year on Health to cover the
four elements in the General Comment No. 14, namely, availability, ac-
cessibility, acceptability and quality.
b.
The Government should develop a free and accessible health service
system in the efforts to protect, respect and fulfil the right to health.
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c.
The Government should create condition conducive for the fulfilment of
the right to health, such as good and healthy environment, availability of
clean water and basic sanitation, promotion on food quality and appro-
priate nutrition as well as health education (preventive methods).
d.
The Government should realize the 5% health budget allocation from the
State Budget (Anggaran Pendapatan dan Belanja Negara or APBN) and
Regional Budget (Anggaran Pendapatan dan Belanja Daerah or APBD) to
progressively fulfil the right to health.
5.
STUDY ON THE FULFILMENT AND PROTECTION OF THE RIGHTS OF
INTERNALLY DISPLACED PERSONS (IDPS)
Komnas HAM had carried out a study on the fulfilment and protection of the
rights of internally displaced persons (IDPs), caused by conflict or natural di-
saster, during the period of exile, refugee and post-refugee. The aim of the
study was to provide recommendation to the Government, related organiza-
tions as well as the public on internally displaced persons (IDPs) problems in
Indonesia and their human rights. The research was conducted in several refu-
gee locations in Indonesia, namely, Nanggroe Aceh Darussalam (NAD), Maluku,
West Kalimantan, and North Sumatera (Nias Island).
The result of the study provided some conclusions, among others, the dealing
with internally displaced persons (IDPs) problems in Indonesia was considered
lengthy. The Government seemed to be insincere in the protection and fulfilment
of the rights of internally displaced persons (IDPs). This could be seen through
the lack of accurate and rapid information from responsible parties on the
distribution of help, with regard to the amount as well as quality. Moreover, the
main obstacle in dealing with internally displaced persons (IDPs) problems in
Indonesia was the absence of a legal instrument able to address internally
displaced persons (IDPs) problems comprehensively.
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The study recommended, among others:
a.
The Government should prevent the possibility of enforced movement and
minimalize the negative impact of such movement;
b.
The Government should increase the national awareness on the internally
displaced persons (IDPs) problems in Indonesia;
c.
The Government should collect data on the amount and condition of inter-
nally displaced persons (IDPs);
d.
The Government should support training programmes related to the rights
of internally displaced persons (IDPs);
e.
The Government should develop a legal framework in protecting the rights
of internally displaced persons (IDPs);
f.
The Government should develop national policies on internally displaced
persons (IDPs);
g.
The Government should establish a specific institution in dealing with in-
ternally displaced persons (IDPs) problems;
h.
The Government should urge national human rights institutions to include
internally displaced persons (IDPs) problems in their scope of works;
i.
The Government should guarantee internally displaced persons (IDPs) par-
ticipation in the decision making process related to the rights of inter-
nally displaced persons (IDPs) in Indonesia;
j.
The Government should support durable solutions in dealing with inter-
nally displaced persons (IDPs) problems;
k.
The Government should allocated appropriate resources in dealing with
internally displaced persons (IDPs) problems;
l.
The Government should guarantee the cooperation with international com-
munity in dealing with internally displaced persons (IDPs) problems in In-
donesia.
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6.
MAPPING OF PROBLEMS OF SEXUAL REPRODUCTION AND HEALTH
OF WOMEN FROM VULNERABLE GROUPS
The study was carried out to map problems of sexual reproduction of women
from vulnerable groups, namely, women, children, elderly persons, disable
persons, workers, internally displaced persons (IDPs) and minorities. The aim
of the study was to provide more detailed illustration on the implementation of
the rights to sexual health and reproduction in the groups mentioned above
and problems they faced with regard to the fulfilment of these rights.
The study was conducted through series of workshops in three regions, namely,
East Indonesia (Manado), Central Indonesia (Semarang), and North Indonesia
(Medan). The objectives of these workshops were as follows:
a.
To monitor the fulfilment of the rights to sexual health and reproduction of
women from vulnerable groups.
b.
To map the problems of sexual health and reproduction of women from
vulnerable groups.
c.
To increase the synergy between the local government, non-governmental
organizations and law enforcement officers in guaranteeing the fulfilment
of the rights to sexual health and reproductive of women.
d.
To produce recommendations for appropriate governmental institutions
with regard to the fulfilment of the rights to sexual health and reproduc-
tive.
e.
To produce follow-up actions for Komnas HAM regarding the rights to
sexual health and reproductive.
f.
To develop networks in order to provide protection of the rights to sexual
health and reproductive.
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! Workshop on the Mapping of Problems of Sexual Health and Reproduction of
Women from Vulnerable Groups in Manado, 18-21 September 2006.
The conclusions of the study are as follows:
a.
Gender inequality is the main cause of the problems of sexual health and
reproduction of women from vulnerable groups.
b.
Other causes of the problems of sexual health and reproduction of women
from vulnerable groups are poverty, sexuality mythology, stereotype and
the absence of state policies dealing with improvement of sexual health
and reproduction of women particularly budget allocation.
c.
Increasing cases of women and children trafficking because of poverty
which are high risk for the problems of sexual health and reproduction.
d.
Insufficient information and services on sexual health and reproduction of
women from vulnerable groups.
e.
Women only have limited access in decision making process regarding
sexual health and reproduction.
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BASED ON THE ACT NO. 39 YEAR 1999 ON HUMAN RIGHTS
7.
STUDY ON EUTHANASIA FROM HUMAN RIGHTS PERSPECTIVE
With regard to current and continuous debate within the society on euthanasia,
Komnas HAM had conducted a study on euthanasia from human rights perspec-
tive in 2006. The study was conducted through analyzing the complaints re-
ceived by Komnas HAM, conducting site-visits, distributing questionnaires, as
well as conducting interviews and literature study. The study was carried out
in Medan, Makassar and Yogyakarta. The aims of the study was to collect data
on the opinions of the public and human rights defenders on the euthanasia
issue and to prepare an academic paper on the issue based on the data col-
lected. The study continues to 2007.
8.
STUDY ON THE DRAFT OF THE ACT ON CRIMINAL CODE (KITAB
UNDANG-UNDANG HUKUM PIDANA OR KUHP)
Since 2005, Komnas HAM had conducted a study on the draft of the act on
Criminal Code from human rights perspective. The aim of the study was to
intensely research on the problems with regard to the draft of the act from the
perspectives of protecting individual rights, public interests and state interests.
The study continued to 2006.
The conclusion of the study was that the draft of the Act on Criminal Code has
yet provided guarantee to the protection of human rights, particularly several
civil and political rights. These rights are, among others, the right to privacy,
freedom of speech and freedom of expression, freedom of political belief,
freedom to participate in government, freedom to seek and impart ideas, as
well as information and knowledge.
The study recommended some changes in the draft of the Criminal Code Act to
provide more proportional protection of human rights, public interests and
state interests. These changes are as follows:
a.
With regard to the importance of human rights protection in the criminal
law, the systematic of the Second Book of the Criminal Code Act on
criminal acts should be changed.
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b.
With regard to the protection of reputation and honour), and on the other
side, the protection of the freedom of speech and opinion, the study re-
commended that the formulation of the provision should be materiel in
nature and the criminal acts should be deleted (decriminalized) as to
change it into “civil defamation”.
c.
With regard to the protection of the freedom to seek, receive and impart
information and ideas of all kinds, the study recommended that the formu-
lation of the provision should be clear to avoid subjective interpretation.
d.
With regard to gross human rights violations (genocide, crimes against
humanity, war crimes), the study recommended that these criminal acts
should not be included into the Criminal Code Act but should be governed
through separate act, which is the Act No. 26 Year 2000 on Human Rights
Court.
e.
With regard to the criminalization of defamation of particular community
which formulation of provision was made materiel in nature, the study
recommended that elaboration should be develop of the element of “the
occurrence of riot in the community”.
f.
With regard to the protection of the freedom of religion, the study recom-
mended a clear formulation of provision which provides appropriate mean-
ing to avoid misunderstanding through the provision of mens rea (mental
element).
g.
With regard to the criminalization of pornography and porno-action, the
study recommended that the criminalization should be directed to the
distribution of pictures, printed material and others which contain por-
nography. Meanwhile, the criminalization of porno-action should not be
included in the draft of the Criminal Code Act.
h.
With regard to the criminalization of crime against the state, especially
related to ideology, the study recommended that the provision on ideol-
ogy should be eliminated because it in opposition to the human rights law
regime in Indonesia.
i.
With regard to the criminalization towards the president and the vice
president, and criminalization towards the ruling government, the study
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recommended that the provision on defamation of the president and the
vice president should be changed into complaint provision, while the pro-
vision of the defamation of the ruling government should be eliminated.
j.
With regard to criminal sanctions, the study recommended that the draft
of the Criminal Code Act should abolish death penalty as one type of
punishment.
9.
THE AMENDMENT OF THE ACT NO. 26 YEAR 2000 ON HUMAN RIGHTS
COURT
As the follow-up of the process of the amendment of the Act No. 26 year 2000
on Human Rights Court underway since 2005, and to incorporate inputs from
series of discussion conducted in 2005 and 2006, Komnas HAM is preparing a
new academic paper on the Act as a material for the formulation of the draft
of the Act No. 26 Year 2000 on Human Rights Court. The activities continue to
2007.
C. IMPLEMENTATION OF THE FUNCTION OF
HUMAN RIGHTS EDUCATION
The function of human rights education of Komnas HAM is an important function
in promoting and socializing human rights values in Indonesia. Several activi-
ties in the implementation of the function of human rights education in 2006 are
described as activities to disseminate the perception of human rights and
activities to increase public awareness on human rights.
1. ACTIVITIES TO DISSEMINATE THE PERCEPTION OF HUMAN RIGHTS
The activities to disseminate the perception of human rights in 2006 consisted
of publication, development of library, campaign, receiving visit from students
and the development of Komnas HAM website.
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THE IMPLEMENTATION OF KOMNAS HAM FUNCTIONS
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a.
Publication
In 2006, Komnas HAM had published regular as well as incidental publications.
The regular publications are Wacana HAM and SUAR. In 2006, Komnas HAM
had published 11 editions of Wacana HAM which had taken human rights theme
related to day-to-day life. The publication was intended for the general public
and distributed for free to schools and public places such as bus terminals,
public markets and hospitals in Jakarta and surrounding areas. The number of
copies of this publication for each edition was 5000 copies.
The publication of SUAR in 2006 had reached its seventh year and had been
published twice. The magazine had taken contemporary human rights issues
and distributed for free to government institutions, non governmental organiza-
tions, academicians, libraries, mass media and individuals all over Indonesia,
The number of copies of this publication for each edition was 2000 copies.
Several incidental publications were in book format, such as:
1.
“Manual Pelatihan Dasar Hak Asasi Manusia: Pegangan Fasilitator” (Manual
on Basic Human Rights Training: Guidelines for Facilitators);
2.
“Potret Buram HAM Indonesia: Kumpulan Tulisan Rubrik Utama Buletin
Wacana HAM 2005” (Grave Illustration of Human Rights Condition in Indo-
nesia: Compilation of Main Features of Wacana HAM in 2005);
3.
“Kewarganegaraan RI dalam Bingkai Pembangunan Jati Diri Bangsa: Na-
tion and Character Building” (Republic of Indonesia Citizenship in the Frame-
work of Developing the National Character: Nation and Character Build-
ing);
4.
“Kewarganegaraan: Pemahaman dalam Konteks Sejarah, Teori dan Praktik”
(Citizenship: Understanding of Historical Context, Theory and Practice);
5.
“SBKRI: Analisis dan Hasil Pemantauan” (SBKRI: Analysis and Result of
Monitoring);
6.
“Kebebasan Beragama atau Berkepercayaan di Indonesia” (Freedom and
Religion and Belief in Indonesia);
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7.
“Penggusuran dalam Perspektif HAM: Studi Kasus di Provinsi DKI Jakarta
Periode 2003-2004” (Enforced Eviction from Human Rights Perspective:
Case Studies in DKI Jakarta Province during 2003-2004);
8.
“Mewujudkan Hak Konstitusional Masyarakat Hukum Adat: Himpunan
Dokumen Peringatan Hari Internasional Masyarakat Hukum Adat Se-Dunia,
9 Agustus 2006” (Fulfilling the Constitutional Rights of the Indigenous People:
Compilation of Documents from the International Indigenous People Day,
9 August 2006);
9.
Masyarakat Hukum Adat: Hubungan Struktural dengan Suku Bangsa,
Bangsa, dan Negara (Ditinjau dari Perspektif Hak Asasi Manusia)” (Indi-
genous People: Structural Relations between Ethnic Group, Nations and
the State [Looking from Human Rights Perspective]);
10. “Perspektif HAM dalam Pemenuhan Hak IDPs: Penelitian Awal dalam
Tinjauan Ekosob dan Sipol” (Human Rights Perspective and the Fulfilment
of IDPs Rights: Preliminary Research in Economic, Social and Cultural
Rights and Civil Political Rights).
In 2006, Komnas HAM also published a brochure on Complaint Guidelines of
Komnas HAM intended as information for the public on the procedure and han-
dling of complaints on human rights violations to Komnas HAM. Moreover,
Komnas HAM also published an animated film titled “Adventure in 1012 World”
with right to personal safety as the theme. The film was intended for school
children. The + 25 minutes film was a continuation of a comic publication with
the same title in 2005.
b.
Development of Komnas HAM Library
Komnas HAM activities related to the library is an effort to provide support of
human rights information for the public. The development of Komnas HAM li-
brary consisted of: a) collecting, processing and distributing information on
human rights for the public in Indonesia and internationally; b) establishing
database on human rights literature published in Bahasa Indonesia or English
language (index, abstract and analysis); and c) developing human rights infor-
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mation network through active participation in information exchange with re-
lated institutions.
In 2006, the priority of the library’s collection was for economic, social and
cultural rights. Until 2006, the number of Komnas HAM library’s collections
was 4935 books, 382 serial publications and articles, as well as 878 online
articles. Komnas HAM library’s collection also consists of magazine and work-
ing papers on human rights issues written by the commissioners of Komnas
HAM. In 2006, Komnas HAM library also developed a serial publication with 11
titles of academic journals which could be accessed through the internet, such
as Human Rights Quarterly, Harvard Law Journal and Journal of Democracy.
Moreover, the library also had 80 titles of audio-visual collections. The pro-
curement of Komnas HAM library’s collection was conducted through purchases,
contributions and exchanges with other libraries.
Public services provided by Komnas HAM consisted of, among others, library
catalogue, reference/information service, information tracing service, limited
loaning service, reading service, copy service as well as other services, such
as articles writing on human rights issues for information repackaging.
Users of Komnas HAM library were mostly members and staff of Komnas HAM,
students, non-governmental organizations, researchers, journalists and other
professions from Indonesia and also abroad. The type of information needed
by library users were largely information on national legislations, international
human rights instruments, backgrounds of human rights issues including data
on human rights violations, newspaper’s clipping and other references on hu-
man rights.
c.
Field Study’s Visitations
During 2005, Komnas HAM had received many field study’s visits from educa-
tional institutions, among others, Vocational High School (Sekolah Menengah
Kejuruan or SMK) Jayawisata Jakarta; Faculty of Law, Bandung Islamic Univer-
sity; the Student Association of Diponegoro University, Semarang; and the Stu-
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dent Association of the Faculty of Social and Political Sciences, National
“Veteran” University, Yogyakarta. Moreover, Komnas HAM also received a visit
from the participants, coming from Southeast Asian nations, of the Equal Sta-
tus and Human Rights of Women in South East Asia Training conducted by PAHAM,
Faculty of Law, Padjajaran University in cooperation with Raoul Wallenberg
Institute. The topics of the discussions during the visits were mostly on role,
mandate and function of Komnas HAM in implementing, protecting and
enforcing human rights in Indonesia, as well as on human rights problems in
Indonesia.
d.
Development of Komnas HAM Website
Komnas HAM has developed its website in order to provide information to the
public through the internet. Komnas HAM website can be accessed through
www.komnasham.go.id. The development of the website used interactive and
integrated information technology. Subsequently, the website should provide a
link between Komnas HAM and the community at national and international
levels. Information contained in the website were, among others, the organiza-
tion and activities of Komnas HAM, including its Representatives and Regional
Offices, regular and incidental publications, national and international human
rights instruments, on-line catalogue and up-to-date news on human rights. In
2006, in order to create an easy-access website for the user, Komnas HAM
had developed new website outlook.
e.
Celebration of International Indigenous People’s Day on 9 August 2006
In order to disseminate and socialize the rights of the indigenous people, Komnas
HAM had conducted a celebration of the International Indigenous People’s Day
on 9 August 2006 in Jakarta. The aim of the activity was to campaign the
protection and fulfilment of the rights of indigenous people in Indonesia.
The activity was attended by representatives from indigenous people from
Indonesia, representatives of regional governments, state institutions, legisla-
tive, embassies and non governmental organizations. The result of the activity
was the Jakarta Declaration which contained problems faced by indigenous
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people in Indonesia, the principles in dealing with violations of the rights of
indigenous people and the planning to establish a National Secretariat for the
Protection of the Constitutional Rights of Indigenous People.
f.
Human Rights Campaign Activities in the Celebration of International
Human Rights Day 2006
In line with the theme of human rights campaign on International Human Rights
Day 2006, Komnas HAM had carried out several activities to eradicate po-
verty from human rights perspectives, started since September 2006. The
objectives of the campaign were as follows:
1.
To disseminate and socialize the human rights values and principles to
general public.
2.
To increase a better human rights awareness dealing with public policy
and practices at the level of government apparatus and community
leaders.
3.
To promote the theme of international human rights day dealing with
poverty eradication.
4.
To promote human rights for young people with creative activities, such
as photo exhibition, competition, happening arts and music performance,
moot court, focus group discussion, theatre, movie presentation, etc.
5.
To build networks among students, schools and components of acade-
mics to promote human rights at education level.
The activities of the campaign were moot court competition, photography ex-
hibition, series of discussion with school students, launching of book and ani-
mation film, film showing and reflection night.
i)
Moot Court Competition
The activity was conducted in cooperation with Faculty of Law, Padjajaran
University in Bandung. The target of the competition was law students in Indo-
nesia. The objective of the competition was to introduce the judicial process
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of gross human rights violations in Indonesia, especially the trial process. The
participants of the competition came from eleven universities, among others,
University of Indonesia, Jakarta; Trisakti University, Jakarta; University of North
Sumatera, Medan; Parahyangan University, Bandung; Padjajaran University,
Bandung; Bandung Islamic University, Bandung; and Diponegoro University,
Semarang.
The activities started in 15-16 September 2006 with evaluation and assess-
ment on participants’ understanding of gross human rights violations concepts,
especially crimes against humanity. The participants then followed the final
stage which was the moot court competition on 14-16 November 2006 in
Padjajaran University, Bandung. The winners of the competition were Faculty
of Law, University of Indonesia (first place), Faculty of Law, Parahyangan Uni-
versity (second place) and Faculty of Law, Trisakti University (third place).
! Moot Court Competition in Bandung, November 2006.
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ii)
Photography Exhibition
The aim of the photography exhibition was to provide visualization of pictures
which captures human rights and social-humanity problems in day-to-day life of
the people. The exhibition theme was “Human Rights: Past, Present and Fu-
ture”. The photos in the exhibition were the collection of the Social and Politi-
cal Sciences Institute (Institut Ilmu Sosial dan Ilmu Politik or IISP) students
joining in the FOK’R students’ organization. The exhibition was carried out for a
week, from 4 to 10 December 2006. A seminar and film showing with the
theme “Photography and Human Rights” was also conducted during the exhibi-
tion.
iii)
Launching of Animation Film “Adventure in 1012 World”
In 6 December 2006, Komnas HAM had conducted a launching of an animation
film “Adventure in 1012 World” with right to personal safety as the theme. The
launching was attended by elementary school students from Jakarta and sur-
rounding areas. The objective of the animation film was to provide human
rights education material for school children. The message delivered by the
film was the importance of respect on differences and avoidance of violence
in community.
iv)
Thematic Discussions for Junior High School and High School Students
Komnas HAM had carried out series of discussion for students on 7-8 Decem-
ber 2006. The discussion was followed by film showings. The first one was on
7 December 2006 for junior high school students from Jakarta and surrounding
areas. The theme was “Sexual Violence in School”. The second one was on 8
December 2006 for high school students from Jakarta and surrounding areas
with the theme “National Examination and Human Rights”.
v)
Reflection Night
The conclusion of the human rights campaign to celebrate the International
Human Rights Day 2006 was the reflection night. During the activity, Komnas
HAM gave a statement on human rights condition in 2006.
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2.
ACTIVITIES TO INCREASE PUBLIC AWARENESS ON HUMAN RIGHTS
In 2006, Komnas HAM also carried out activities to increase public awareness
on human rights through trainings, discussions, seminars, workshops, network-
ing development and lectures.
a.
Basic Human Rights Training
To increase the capacity of Komnas HAM staff and members of Komnas HAM
Representatives in the regions, Komnas HAM had conducted the VI and VII
Rounds of Basic Human Rights Trainings on April-May 2006. The trainings were
attended by the Komnas HAM staff in Jakarta and members of Komnas HAM
Representatives in the regions.
The objectives of the training was to provide basic knowledge on human rights
and its implementation in work place as well as day-to-day life, to develop
knowledge and awareness of Komnas HAM staff in understanding the working
mechanism of national human rights institutions, to develop competency in hu-
man rights study and research, education, monitoring as well as mediation,
and to enhance Komnas HAM staff ability to perform public services.
! Komnas HAM Basic Human Rights Training, April-May 2006.
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Subjects given in the trainings were, among others, human rights in day-to-day
life, human rights principles, history of human rights, human rights violations,
gross human rights violations, international human rights instruments and mecha-
nisms, and national human rights instruments and mechanism.
b.
Projustitia Investigation Training
In relations with Komnas HAM mandate to conduct projustitia investigation on
the assumption of the occurrence of gross human rights violations based on
the Act No. 26 Year 2000 on Human Rights Court, Komnas HAM had conducted
a Projustitia Investigation Training in August 2006. The aim of the training was
to increase the capacity of Komnas HAM staff in conducting projustitia investi-
gation. The training was conducted in cooperation with the Norwegian National
Human Rights Commission.
The objectives of the training were to increase the knowledge on gross human
rights violations mechanism, to increase the capacity to conduct investigation
on gross human rights violations, to develop the knowledge and understanding
on the concept of international crimes, particularly genocide, crimes against
humanity and war crimes, as well as to develop the techniques and skill in
gathering and dealing with evidence, interviewing witnesses, analyzing cases
and developing projustitia investigation report.
The subjects given in the training covered both, theory and practice of projustitia
investigation. The theories were, among others, human rights principles and
their application on international criminal law, experiences of international
criminal court, international human rights crimes concepts (genocide, crimes
against humanity and war crimes), modes of liabilities in international crimes,
gross human rights violations according to the Act No. 26 Year 2000 on Human
Rights Court, as well as practice of projustitia investigation (dealing with evi-
dence, witnesses, and location; verifying gross human rights violations, wit-
ness and victim protection, forensic investigation, documentation, and report-
ing). Moreover, the participants were also being trained for case-matrix appli-
cation (documentation system of gross human rights violations) developed by
the Office of Prosecutor of the ICC in Den Haag.
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c.
Human Rights Training for University Students in Jakarta, Bogor,
Tangerang and Bekasi
With the aim of increasing human rights awareness among university students,
Komnas HAM had conducted basic human rights training titled “Workshop on
Civil and Political Rights for University Students in Jakarta, Bogor, Tangerang
and Bekasi” on 15-18 May 2006. The training involved 30 university students
from several universities in Jakarta, Bogor, Tangerang and Bekasi (Jabotabek).
These universities were, among others, University of Indonesia, National Uni-
versity, Indonesian Christian University, Trisakti University, Bung Karno Univer-
sity, University 45, Gunadarma University, Muhammadiyah University in Jakarta,
State Islamic University of Syarif Hidayatullah, Bina Sarana Informatika Insti-
tute, Jayabaya University, National Science and Technology Institute, Tirtayasa
University and Sekolah Tinggi Ilmu Bahasa Asing.
The training was intended as an effort to enhance the knowledge and skill of
university students in monitoring human rights violations in their daily lives. The
aims of the training were to increase the knowledge on civil and political rights
as well as human rights violations and to increase the skill on conducting moni-
toring of human rights violations. The programme continues to 2007.
d.
Training of Trainers on Civil and Political Rights with Gender Perspective
The training was a continuation of human rights training with gender perspec-
tives programmes, through cooperation between Komnas HAM, the National
Commission on Violence against Women (Komnas Perempuan), Human Rights
Study Centre of Syah Kuala University in Nanggroe Aceh Darussalam and Hu-
man Rights Study Centre of Surabaya University in Surabaya, East Java. The
programme had started since 2004. The foreign partners of the programme
were Raoul Wallenberg Institute (RWI) and the Swedish International Develop-
ment Cooperation Agency (SIDA). In the second year of the programme, Komnas
HAM and the Human Rights Study Centre of Syah Kuala University had con-
ducted a Training of Trainers on Civil Political Rights with Gender Perspective
on 19-26 June 2006 in Jakarta. The training was attended by participants from
education institutions, government institutions as well as women organizations
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from Lampung, East Kalimantan, Central Sulawesi and Central Papua.
The aim of the training was to enhance the knowledge on human rights with
gender perspective particularly related to civil and political rights. The objec-
tives of the training were, among others:
1.
To enhance comprehensive knowledge on the actual situation of civil and
political rights in Indonesia, particularly in relations with women in Indo-
nesia.
2.
To enhance the knowledge and skill needed to become effective agents
in advocating civil and political rights of women.
3.
To support the synergy between the government, academician as well as
non-governmental organizations, particularly in relation with the civil and
political rights of women.
4.
To develop a gender perspective human rights networking in Indonesia.
e.
Human Rights Training for Migrant Workers
In 2006, Komnas HAM had conducted series of human rights training for mi-
grant workers in Indonesia. The trainings were conducted in Malang and Lombok.
The trainings were carried out as follow-up to series of trainings in 2005 in
several transit areas of Indonesian migrant workers to Malaysia, namely,
Entikong, Nunukan, Batam and Tanjung Pinang. The participants of the trainings
were representatives of non governmental organizations dealing with migrant
workers, educational institutions, local governmental agencies and social com-
munity organizations.
The aims of the training were to increase the knowledge and understanding on
human rights and particularly the rights of migrant workers, to increase under-
standing on national and international human rights instruments as well as the
rights of migrant workers, to increase the synergy between the local govern-
ments, non governmental organizations and law enforcement agencies to guar-
antee the fulfilment of the rights of migrant workers, and to develop human
rights networking that support the effort to protect human rights in Indonesia.
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f.
Basic Training on the Right to Health for Government’s Apparatus of
the districts and Cities in North Sumatera
To socialize the right to health, Komnas HAM had conducted a Basic Training
on the Right to Health for Government’s Apparatus of the Districts and Cities in
North Sumatera on August 2006. The training was conducted in cooperation
with the Provincial Government of North Sumatera and Association of Journal-
ist in Indonesia (Persatuan Wartawan Indonesia) in North Sumatera. The partici-
pants of the training were representatives from health regional offices, hospi-
tals, non governmental organizations as well as educational institutions.
The objectives of the training were to socialize the right to health as human
rights and to increase the awareness on the importance of human rights pers-
pective in developing policies and regulations on health matters. Moreover,
the training was also intended to develop human rights networking consisted of
representatives from government, particularly those dealing with health is-
sues, and medical officers who are able to actively involve in the fulfilment of
the right to health.
g.
Mediation Training on the Right to Environment for Victims of Human
Rights Violations
In April 2006, Komnas HAM had conducted a Mediation Training on the Right to
Environment in Samarinda, East Kalimantan. The training was conducted in
cooperation with Wahana Lingkungan Hidup (Walhi) of East Kalimantan. The
participants of the training were mostly victims of human rights violations,
particularly the right to good and healthy environment in East Kalimantan.
The objectives of the training were to socialize the right to environment as
human rights and to increase the awareness on the importance of human rights
in dealing with environmental problems. Moreover, the training was also in-
tended to develop networking between the victim of violations of the right to
good and healthy environment, who were able to actively involve in advocating
and monitoring the implementation and fulfilment of the right to environment.
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h.
Workshop on Public Campaign Strategy “Human Rights ‘Learning by
Doing’ Campaign:
To develop a strategy of human rights public campaign, Komnas HAM had
conducted a Workshop on Public Campaign Strategy “Human Rights ‘Learning
by Doing’ Campaign” in December 2006. The workshop was conducted in co-
operation with the Indonesia Australia Legal Development Facility (IALDF) and
facilitated by Ogilvy Public Relations. The participants of the workshop were
Komnas HAM staff in Jakarta, staff of Komnas HAM Representatives and Rep-
resentative Offices, as well as representatives from non governmental organi-
zations and governmental agencies.
The objectives of the workshop were to increase Komnas HAM staff capacity
and to develop networking with related institutions. In the workshop, the par-
ticipants were trained to develop basic ideas for public campaign, to deter-
mine the target groups of the public campaign, to choose appropriate public
campaign funnel (media), and to develop monitoring mechanism and evaluation
of public campaign activities.
i.
Series of Workshop on Freedom of Religion and Belief in Indonesia
As the follow-up of complaints by particular religious community who experi-
enced acts of violence by other groups of the community on behalf of particu-
lar religion of belief, in May to October 2006 Komnas HAM had conducted
series of seminars and workshops titled “Freedom of Religion and Belief in
Indonesia”. The activities were conducted in six cities, namely, Pangkal Pinang,
Makassar, Lombok, Surabaya, Palu and Jakarta.
The aims of the seminars and workshops were to socialize the meaning of
freedom of religion and belief according the 1945 Constitution, the Act No. 39
Year 1999 on Human Rights and the Act No. 12 Year 2005 on the Ratification of
the International Covenant on Civil and Political Rights; to develop understand-
ing of religious adherents on the need of tolerance and respect between one
another; and to promote human rights particularly the right to the freedom of
religion and belief.
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The series of seminars and workshops recommended as follows:
1.
The need of many related parties to continuously strengthen the civil so-
ciety with cultural values in a multicultural world.
2.
The need to re-position the role of the State, particularly the Department
of Religious Affairs, in order to guarantee the freedom of religion and
belief of its citizens.
3.
The need to rectify or withdraw all policies and practices discriminative
to the adherents of particular religious or belief.
4.
The need of actual actions by the State to settle basic problems related
to acts of violence on behalf of particular religion or belief.
5.
The need to realize that the quality of religion is not measure through the
numbers of religious places of the number of adherents, but mainly through
its benefits to humanity and civilization.
6.
The need to urge the House of Representatives of the Republic of Indone-
sia and the Government to produce legislations on freedom of religion
and belief.
j.
Seminar and Workshop on the Fulfilment and Protection of the Rights
of the Elderly
To promote the fulfilment and protection of the rights of the elderly, Komnas
HAM had conducted series of seminars and workshops in Bukit Tinggi, Manado
and Surabaya in 2006. The aim of the seminars and workshops was to map
problems in the fulfilment and protection of the rights of elderly. The partici-
pants of the seminars and workshops were representatives of non governmen-
tal organizations dealing with problems related to the rights of elderly and the
government particularly office for social affairs.
The seminars and workshops concluded that the problems in fulfilling and pro-
tecting the rights of the elderly covered the right to good standard of living;
the rights to appropriate social welfare, assistance and protection; the right
to freedom from discrimination based on age and other status; the right to
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health; the right to be treated with dignity; the right to protection from neglect
and physical and metal abuses; the right to full and active participation in
political, economic, social and cultural aspects of life; and the right to full and
active participation in decision making related to the welfare of the elderly.
The problems faced by the elderly were basically caused by the approach in
the formulation of policies and legislations to guarantee the fulfilment of the
needs of the elderly which was not based on the fulfilment and protection of
the human rights of the elderly.
k.
The Seminar and Workshop on Free and High Quality Basic Education
through the Realization of 20% National Education Budget of the State
Revenues and Expenditures and Regional Revenues and Expenditures
The Constitutional Court (Mahkamah Konstitusi or MK) had decided that 20% of
the State Revenues and Expenditure (Anggaran Pendapatan dan Belanja Negara
or APBN) and the Regional Revenues and Expenditures (Anggaran Pendapatan
dan Belanja Daerah or APBD) should be allocated for education budget. The
State is responsible for the execution of this decision. With regard to this
matter, in cooperation with the Legal Aid Institute for Education (Lembaga
Bantuan Hukum Pendidikan), Komnas HAM had conducted a seminar and work-
shop on Free and High Quality Basic Education through the Realization of 20%
National Education Budget of the State Revenues and Expenditures and Re-
gional Revenues and Expenditures on 5-6 June 2006. The participants of the
seminar and workshop were representatives of government institutions, uni-
versities, political parties and non governmental organizations working in edu-
cation.
The objectives of the seminar and workshop were: a) to understand on the
State responsibility to fulfil the right to education, particularly free basic edu-
cation, and to provide the instruments of education; b) to formulate the re-
commendation on the enhancement of the quality of basic education through
the full realization of the 20% national education budget of the State Revenues
and Expenditures and Regional Revenues and Expenditures; c) to establish the
justiciability of the 20% national education budget from the State; d) to recom-
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mend an accountable and transparent expenditure mechanism; and e) to es-
tablish monitoring mechanism of the spending of the 20% education budget of
the State Revenues and Expenditures and Regional Revenues and Expenditures.
The seminar and workshop also discussed the measures taken by the Depart-
ment of National Education in developing programmes and strategic planning
to increase the current 9.1% education budget allocation to fulfil the 20% edu-
cation budget of the State Revenues and Expenditures and Regional Revenues
and Expenditures.
l.
The Seminar and Workshop on the Protection and Fulfilment of the
Rights of Part-time Workers in Big-Scale Projects
To identify and develop a critical review of the legislations and policies on the
protection and fulfilment of the rights of part-time workers in big-scale projects,
Komnas HAM in cooperation with the Advocacy and Legal Aid Institute (Lembaga
Advokasi dan Bantuan Hukum or LABH) Yogyakarta had conducted a Seminar
and Workshop on the Protection and Fulfilment of the Rights of Part-time Work-
ers in Big-Scale Projects on 24-25 April 2006 in Yogyakarta.
The participants of the seminar and workshop were representatives of govern-
ment institutions, worker unions, non governmental organizations dealing with
the rights of workers issues, universities and business associations. The ob-
jectives of the seminar and workshop were: a) to identify and criticize govern-
ment legislations and policies related to employment, particularly with regard
to part-time workers; b) to review the realization of the protection and fulfilment
of the rights of part-time workers on big-scale projects; and c) to criticize the
effectiveness of the protection and fulfilment efforts of the rights of the part-
time workers on big-scale projects.
The subjects introduced in the two days seminar and workshop were critical
review on the protection of the rights of part-time workers on government
legislations and policies, realization of the protection and fulfilment of the
rights of part-time workers on big-scale projects, and the effectiveness of the
efforts to protect and fulfil the rights of part-time workers on big-scale projects.
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m.
Socialization on the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
The socialization on the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment was a continued programme started
since 2005. In 2006, Komnas HAM had conducted the socialization in Kupang
on 21 September 2006 and in Manado on 22 November 2006. The participants
of the socialization programme were representatives from the Indonesian Na-
tional Military (Tentara Nasional Indonesia or TNI), police, attorney general
office, correctional institutions, government agencies, universities, non go-
vernmental organizations, community organizations and mass media.
Komnas HAM has received a lot of complaints on torture cases happened in
many areas in Indonesia. This has shown the lack of awareness and under-
standing on the obligation of the Indonesian Government to fully implement the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment ratified through the Act No. 5 Year 1998. Therefore, Komnas
HAM considered that it was necessary to socialize the Convention, particularly
its relations with the Indonesian Criminal Code (Kitab Undang-Undang Hukum
Acara Pidana or KUHAP). The aim of the socialization programme was to en-
hance the knowledge and awareness on torture as human rights violation as
well as criminal act.
n.
Socialization on the Right to Health
In 2006, Komnas HAM had conducted series of socialization of the right to
health in Banda Aceh, Palembang, Palu and Ambon. The aims of the activities
were to socialize the importance of the right to health as part of human rights
and to conduct a mapping on cases related to the right to health in each of the
region. The activities recommended on the necessity to develop a networking
on the right to health and to establish a mechanism of the justiciability of the
right to health.
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o.
Socialization on the Ratification of the International Labour Organization
(ILO) Conventions on the Rights of Workers
In April 2006, Komnas HAM had conducted a Focus Group Discussion (FGD) to
socialize 15 ILO Conventions ratified by the Indonesian Government. Of the 15
conventions, eight conventions are on the freedom of union and negotiation,
two conventions are on the prohibition of forced labours, two conventions are
on prohibition of child worker, and two conventions are on the prohibition of
discrimination.
The participants of the discussion were representatives of worker unions, busi-
ness associations, government agencies especially the Office of Workforce
and Transmigration and non governmental organizations. The discussion re-
commended on the need to revise the Act No. 13 Year 2003 on Employment,
particularly related to outsourcing system and employment agreement which
were considered violating the rights of workers.
p.
The Panel Discussion on “The Implication of the Ratifications of the
International Covenant on Economic, Social and Cultural Rights
(ICESCR) and the International Covenant on Civil and Political Rights
(ICCPR) to the Government of the Republic of Indonesia”
Indonesia had ratified the two international covenants, namely, the Interna-
tional Covenant on Economic, Social and Cultural Rights (ICESCR) and the Inter-
national Covenant on Civil and Political Rights (ICCPR) in October 2005. As a
follow up to the ratifications, Komnas HAM had conducted a panel discussion
on 21 February 2006 in Jakarta. The participants of the discussion were repre-
sentatives of the public, academician, state institutions, government agencies,
law enforcement agencies, security and defence officers and non governmen-
tal organizations.
The objectives of the panel discussion were:
1.
To review the basic features of the ICESCR and ICCPR as well as the
complementary and supporting instruments, and their relations with na-
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tional legislations on human rights, particularly the 1945 Constitution, the
Act No. 39 Year 1999 on Human Rights and the Act No. 26 year 2000 on
Human Rights Court;
2.
To assemble opinions and suggestions on effective measures to socialize
the ICESCR and ICCPR as well as the complementary and supporting in-
struments, and to increase the awareness of related parties on the im-
portance of the respect and implementation of ICESCR and ICCPR as the
State responsibility according to the national and international laws;
3.
To prepare the State as well as the public on the follow-up measures of
the ratification of ICESCR and ICCPR;
4.
To assemble opinions on effective measures to implement the ICESCR
and ICCPR at national level, both of legal-formal as well as practice.
The panel discussion raised several issues, namely, the State responsibility
according to ICESCR and complementary or supporting instruments and its
implications to the State responsibility, particularly the Government, in the
protection, promotion, enforcement and fulfilment of the economic, social and
cultural rights; the implications of the ratification of the ICCPR on the protec-
tion and implementation of human rights and fundamental freedom; to immedi-
ately prepare the State on fulfilling its responsibility according the constitution
and the national legislation as well as the international law in the protection,
promotion, enforcement and fulfilment of human rights; and to develop effec-
tive public participation in the protection, promotion, enforcement and fulfilment
of human rights.
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D. IMPLEMENTATION OF THE FUNCTION OF
HUMAN RIGHTS MONITORING
According to complaint statistical data in 2006, the number of complaints re-
ceived by Komnas HAM is 1351 complaints, consisted of 345 complaints re-
lated to economic, social and cultural rights; 825 complaints related to civil
and political rights; and 181 complaints related to the protection of vulnerable
groups. (See diagram 1).
DIAGRAM 1
THE NUMBER OF COMPLAINTS RECEIVED
900
825
800
700
600
500
400
345
300
200
181
100
0
complaints related to economic,
complaints related to civil
complaints related to the
social and cultural rights
and political rights
protection of vulnerable groups
The complaints related to economic, social and cultural rights consisted of
160 complaints on the right of worker and social guarantee, 34 complaints on
the right to health and good and healthy environment, 12 complaints on the
right to education and science and technology, 56 complaints on the rights of
the indigenous people, 11 complaints on the right to work, and 72 complaints
on the right to property. (See diagram 2).
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DIAGRAM 2
COMPLAINTS RELATED TO ECONOMIC, SOCIAL AND CULTURAL RIGHTS
160
160
140
120
100
80
72
56
60
34
40
20
12
11
0
The right of
The right to
The right to
The rights of
The right
The right to
worker and social
health and good
education and
the indigenous
to work
property
guarantee
and healthy
science and
people
environment
technology
The complaints related to civil and political rights consisted of 521 complaints
on the right to justice, 10 complaints on the right to citizenship, 12 complaints
on the right to life, 162 complaints on the right to personal safety, 24 com-
plaints on the right to personal freedom, 71 complaints on the right to per-
sonal development, and 25 complaints on political rights. (See diagram 3).
DIAGRAM 3
THE COMPLAINTS RELATED TO CIVIL AND POLITICAL RIGHTS
600
521
500
400
300
200
162
100
71
25
12
24
10
0
The right to
the right to
the right to life
the right to
the right to
the right to
political
justice
citizenship
personal
personal
personal
rights
safety
freedom
development
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The complaints related to the protection of vulnerable groups consisted of 38
complaints on the rights of women, 15 complaints on the right of children, 2
complaints on the rights of disabled and elderly persons, 11 complaints on the
rights of internally displaced persons and the poor, 105 complaints on the
right of migrant workers and peasants, and 10 complaints on the rights of
minority groups and indigenous people. (See diagram 4).
DIAGRAM 4
THE COMPLAINTS RELATED TO THE PROTECTION OF
VULNERABLE GROUPS
120
105
100
80
60
38
40
20
15
11
10
2
0
The rights of
The right of
the rights of
the rights of internally
the right of
the rights of
women
children
disabled and
displaced persons
migrant workers
minority groups and
elderly persons
and the poor
and peasants
indigenous people
Several cases handled by Komnas HAM in 2006 with regard to the implementa-
tion of the function of human rights monitoring are described as follows.
1.
MONITORING ON CONFLICT OF FARMERS IN CISOMPET
The case originated from a complaint put by the Agrarian Reform Consortium
(Konsorsium Pembaruan Agraria or KPA) on the open conflicts occurred be-
tween Pasundan Workers Association (Serikat Pekerja Pasundan or SPP) and
the Plantation Workers Association (Serikat Pekerja Perkebunan or SP BUN) of
P.T. Perkebunan Nusantara (PTPN) VIII Bumi Sari Hendra on 31 May 2006 at
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Cisompet Sub-District, Garut. The problems were triggered by land ownership
conflict between farmers in SPP and PTPN VIII Bumi Sari Hendra.
As the results of the incidents, one member of SPP was shoot, around 40
members of SPP disappeared (unknown of their whereabouts until 2 June 2006),
14 houses and 30 small-houses belonged to the people burned, and around 10
hectares of the people’s land were damaged by the members of SP BUN.
Komnas HAM findings on the incidents had been submitted to the Regent of
Garut and the Chief of Garut Resort Police on 16 June 2006 through a meeting
attended by representatives of the Regional House of Representatives and
regional government agencies in Garut. In the meeting, Komnas HAM requested
the Regent of Garut to settle the problem through consultation meeting be-
tween conflicting parties with the intention that the farmers could still work on
their land. Moreover, Komnas HAM also requested the Chief of Garut Resort
Police to investigate the perpetrators conducting the attacks and destruction
of vegetations belonged to the community.
2.
MONITORING OF THE FULFILMENT OF THE RIGHT TO EDUCATION IN
YOGYAKARTA AND KLATEN POST-EARTH QUAKE DISASTERS
To guarantee the fulfilment of the right to education after the earth quake
disasters in Yogyakarta and Klaten, Komnas HAM had conducted site-visits to
Brebah Sub-District, Bantul District; Sewugalur, Lendah and Sentolo Sub-Dis-
tricts, Kulon Progo District; and Wedi, Bayat, Cawas and Delanggu Sub-Dis-
tricts, Klaten District.
The monitoring was conducted through visits to tent-schools and emergency
schools at refugee camps, and to destroyed or damaged school buildings, as
well as through interviewing the teachers, school guards, community members
and school students. In the monitoring Komnas HAM also had a meeting with
the Head of National Education Regional Office for Special Region Yogyakarta
Province.
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3.
INQUIRY ON AHMADIYAH INCIDENTS
The attack by a group of people of Ahmadiyah adherents in these last couple
of years, such as the attack of Mubarak Campus in Parung, Bogor, the attacks
of five villages at Cianjur District, at Ketapang Village, Gegerung Village, West
Lombok, the attacks of several houses belonged to the members of Ahmadiyah
in Praya, and also evictions of Ahmadiyah adherents in Bulukumba, Jeneponto
and Gowa, South Sulawesi, had received attention from many parties. The
objective of the monitoring of these incidents was to conduct inquiry on these
incidents and to identify the occurrence of the acts of violence as well to
identify whether or not human rights violations had occurred in these incidents.
In the monitoring Komnas HAM had visited the locations of the incidents and
interviewed 210 witnesses, 54 police officers, security guards and military
officers, as well as 18 state officials. Komnas HAM recommendations with
regard to the incidents are as follows:
1.
Komnas HAM urges the Government, in this regard the Department of Law
and Human Rights, to review all decisions made by government agencies
which are not in conformity with legal-normative and human rights prin-
ciples.
2.
Komnas HAM urges the Government to withdraw decisions that prohibited
the Ahmadiyah doctrine.
3.
Komnas HAM urges the regional government to immediately restore and
fulfil the rights of the eviction victims.
4.
Komnas HAM urges the central and regional governments to return and
protect the right of property of members of Ahmadiyah adherents, and
provide assistance in helping them to restore their properties.
5.
Komnas HAM urges the law enforcement agencies to investigate perpe-
trators involved in the incidents and to provide protection to the victims.
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! Location of a house of member of the Ahmadiyah which was damaged in the attack in
Loteng, West Lombok in March 2006.
4.
MONITORING OF PRISONERS AT CORRECTIONAL INSTITUTIONS AND
DETENTION PLACES IN INDONESIA WITH REGARD TO THE POSSIBILITY
OF INTERVENTION IN JUDICIAL PROCESS
Komnas HAM had received complaints regarding the rights of prisoners and
detainees, particularly with regard to unfairness that might occurred in the
process of extending imprisonment period, conducted by the investigator, pros-
ecutor and judges, which considered as violation to article 29 paragraph (2)
and (3) of the Indonesian Criminal Code (Kitab Undang-Undang Hukum Acara
Pidana or KUHAP). Therefore, Komnas HAM had conducted monitoring of se-
veral correctional institutions and detention places in Medan (Binjai), Jakarta,
Batam, Banda Aceh (Jantho), Bandung, Manado, Cirebon, Purwokerto, Cilacap
(Nusa Kambangan) and Yogyakarta.
In conducting the monitoring, Komnas HAM also coordinated with the
Directorate General of Correction of the Department of Law and Human Rights, Judi-
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cial Commission and the Supreme Court. The objectives of the monitoring are
as follows:
1.
To fulfil the human rights of the people going through judicial process,
particularly imprisonment.
2.
To uphold the law according to the legislation which apply the principle of
law supremacy.
3.
To indicate human rights violations of person(s) due to imprisonment with-
out legal court decision.
4.
To find measures to prevent imprisonment without legal bases.
5.
To formulate guidelines for law enforcement officers to perform their
duties according to the prevailing legislation.
Several findings of the monitoring are, among other, as follows:
1.
An alleged person lost his right for cassation due to the delay in the
submission of all legal documents of the District Court and High Court,
which had hindered the person to prepare the necessary documents for
cassation.
2.
The Attorney General and the alleged person have yet received the deci-
sion of the Supreme Court, which has delayed the execution of the punish-
ment of the alleged person. As the result, the alleged person lost his right
to remission, visitation from family members, and other rights.
3.
The delay in the execution of death penalty of the alleged person, al-
though he has been imprisoned for 36 years in Batu Correctional Institu-
tion in Nusa Kambangan. Meanwhile, his second request of clemency since
1995 has yet received response from the President.
4.
Lack of coordination between the correctional institutions and/or deten-
tion places with the District Court, the High Court and the Supreme Court.
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5.
COMPLAINT OF THE FAMILY OF FABIANUS TIBO, MARINUS RIWU AND
DOMINGGUS DA SILVA FROM POSO
Komnas HAM had received a complaint from the family of Tibo cs. from Poso,
Central Sulawesi, advocated by the Advocacy Institute for Justice and Peace
(Lembaga Pelayanan Advokasi untuk Keadilan dan Perdamaian or PADMA). The
complainants were stating their uncertainty to the trial process at Poso Dis-
trict Court. According to the complainants, the lawyers and prosecutors had
requested the accused to accept the allegation in order to evade heavy penal-
ties. Meanwhile, the accused had constantly denied the allegation. During the
trial process, the accused revealed 16 names involved in the murder. The
accused had requested the police to further investigate the matter. The names
of the 16 persons involved in the murder were noted in the judge decision of
the court.
As a follow up to the complaint, Komnas HAM had recommended as follows:
1.
Komnas HAM requested the Attorney General to postpone the execution
of the death penalty of Tibo cs. pending the completion of the investiga-
tion on the 16 revealed names.
2.
Komnas HAM requested the Chief of the Indonesian Police to conduct
professional investigation in line with the prevailing laws.
3.
Komnas HAM requested the Supreme Court to consider the request of a
review (Peninjauan Kembali) by Tibo cs. on the basis of humanity.
6.
MONITORING ON CASES OF ACTS OF VIOLENCE IN POSO
Although the mass communal conflicts in Poso had stopped since 2002, the
impact of these conflicts were still shown in 2006 because the Government
has yet solved these cases through the legal system. Acts of violence still
occurred such as shooting, bombing, mutilation or individual robbery. As the
response to these acts of violence, the Indonesian Police has intensively con-
ducted investigation in Poso and has determined 29 persons in the wanted list
(Daftar Pencarian Orang or DPO).
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! Demonstration on Poso Case in Komnas HAM Office on 14 September 2006.
In October 2006, during the search of the persons in the wanted list, a civilian
had died and several others were injured of gun-shoots by the police. To inves-
tigate and monitor the possibilities of human rights violations in the search
process of the police in Poso, Komnas HAM had visited Poso in November
2006 and had sent a letter to the Chief of the Indonesian Police to demand the
respect of human rights in the police investigation process. The monitoring
continues to 2007.
7.
MONITORING ON ABEPURA RIOT INCIDENTS IN PAPUA
Open conflict between security officers and demonstrators occurred in a mass
demonstration demanding the closing of P.T. Freeport on 16 March 2006. As
the result, five police and military officers died (four police officers from the
Papua Police District and one military officer from the Air Forces of the Indo-
nesian National Military). Moreover, four members of the Indonesian Police
were heavily injured while 24 others and four demonstrators were injured. With
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regard to the incidents, security officers had arrested several members of the
community accused of involvement in the act of violence. The security officers
were also continuing the search for perpetrators to be legally processed.
As a response to the incidents, Komnas HAM had visited the area on 21-24
March 2006, involving the Representative of Komnas HAM in Papua. In the
visit, Komnas HAM also conduct a meeting with the Papua Police District with
the objectives as follows:
1.
To ensure that the perpetrators will be processed through prevailing le-
gal system.
2.
The search of the perpetrators should respect the principles of human
rights since the process could create fear in the community which is a
violation to the right to personal safety.
3.
The Papua Police District should facilitate the implementation of Komnas
HAM in the monitoring process of the incidents.
Moreover, Komnas HAM monitored the condition of the members of the com-
munity accused of being involved in the Abepura incident. They were detained
in Papua Police District in Jayapura. According to the Papua Police District
information, the Papua Police District has detained 15 accused perpetrators
of the Abepura incidents until 22 March 2006. Komnas HAM had emphasized
the importance of respecting the human rights of the detainees to the Papua
Police District by avoiding the use of torture on the detainees. To this request,
the Papua Police District had stated that they did not torture any of the
detainees.
According to Komnas HAM monitoring, some conclusions were as follows:
1.
There were some indication that violation to right to personal safety have
occurred after the Abepura incidents on 15 March 2006, especially when
the security officers conducted search of the perpetrators of the inci-
dents.
2.
The death of the members of the Indonesian Police in the incidents was
criminal acts conducted by civilians involved in the incidents.
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3.
The perpetrators of the incidents should go through the prevailing legal
process.
4.
The implementation of the right to free speech in the form of demonstra-
tion in Abepura had violated the prevailing law which caused victims and
casualties of security officers.
E. IMPLEMENTATION OF THE FUNCTION OF
HUMAN RIGHTS MEDIATION
Mediation function is a function conducted by Komnas HAM to follow up the
result of monitoring, particularly to peacefully solve human rights violations
cases through extra-judicial process. The peaceful and extra-judicial settle-
ment could be conducted in many forms, such as mediation, which is defined
as the settlement of civil cases outside the court based on agreement of the
conflicting parties. Several Komnas HAM activities in mediation according to
the definition are as follows:
1.
MEDIATION ON THE CASE OF COLOL INDIGENOUS PEOPLE IN
MANGGARAI, NUSA TENGGARA TIMUR
In 2004, the Regent of Manggarai had ordered the cutting down of all vegeta-
tion planted by the people living in Colol, Manggarai, Nusa Tenggara Timur.
The area was considered as protected forests. The response of the commu-
nity to the Regent’s decision had caused acts of violence conducted by the
state apparatus. Six people died and a number of people were injured as the
result. To reach a peace settlement between the regional government of
Manggarai and the local community, Komnas HAM has begun the mediation
process in 2005. The process continued in 2006, which has resulted several
agreements between the conflicting parties. One of the agreements was that
the regional government permitted the Colol community to work on the dis-
puted land. However, the issue of protected forest and traditional land would
be discussed further. A suggestion had been made to this matter, which in-
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volved the reconstruction of the forest area and natural conservation and de-
velopment of the land as community forest areas.
2.
MEDIATION ON THE CONFLICT BETWEEN P.T. FIRST MUJUR
PLANTATION & INDUSTRY WITH SIMANGAMBAT COMMUNITY AND
LUHAT UJUNG BATU COMMUNITY IN SIBOLGA, NORTH SUMATERA
Komnas HAM had conducted a mediation process to reach a peaceful agree-
ment between the communities in Luhat Ujung Batu and Luhat Simangambat,
Central Barumen Sub-district, South Tapanuli District, North Sumatera Pro-
vince with P.T. First Mujur Plantation & Industry (P.T. FMP&I). The conflict
between the two parties has started since 1993. The communities had put
their complaints to Komnas HAM in 2003, which basically accused that P.T.
FMP&I had cultivated more lands belonged to the people. Therefore, the com-
munities had asked that the lands should be returned to the indigenous people.
The mediation process started since 2003 has yet achieved peaceful settle-
ment between the conflicting parties. Another mediation effort was conducted
in 2005 which reached an agreement between the conflicting parties which in
2005 was registered to the Padangsidempuan District Court.
3.
MEDIATION ON THE CONFLICT BETWEEN P.T. ASIATIC PERSADA AND
SUKU ANAK DALAM INDIGENOUS PEOPLE IN JAMBI
In 2006 Komnas HAM also conducted mediation to settle the conflict between
Suku Anak Dalam indigenous people in Batanghari District, Jambi Province with
P.T. Asiatic Persada. The indigenous people complained that the areas of the
oil palm plantation are traditional land of Suku Anak Dalam. The mediation
process has reached several agreements, among others, that Suku Anak Dalam
would make a list of the people who claim the land and P.T. Asiatic Persada
would provide 1,000 hectares land for the indigenous people.
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Chapter IV
CASES HANDLED
BY KOMNAS HAM BASED ON
THE ACT NO. 26 YEAR 2000
ON HUMAN RIGHTS COURT
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A. INTRODUCTION
Apart from the functions mentioned in the previous chapter, according to the
Act No. 26 Year 2000 on Human Rights Court, Komnas HAM is also the only
institution that has the mandate to conduct inquiry on gross human rights viola-
tions. The scope of the inquiry is projustitia investigation. Hence, Komnas HAM
is a part of the judicial process for gross human rights violations since the
result of Komnas HAM inquiry is a legal document which should be followed-up
with an investigation by the Attorney General.
Gross human rights violations are extra ordinary crimes which, at the national
and international levels, have massive consequences. These violations were
not ordinary criminal acts as regulated in the Indonesian Criminal Code (Kitab
Undang-Undang Hukum Pidana or KUHP). Therefore, these violations could not
be solved through the usual judicial mechanism. They should be judicially pro-
cessed through a specific mechanism, the human rights courts.
The disclosure of gross human rights violations cases is different with ordinary
criminal acts. Consequently, they need particular judicial instruments (lex
specialis). The distinctiveness of the handling of gross human rights violations
could be noticed from:
1.
The possibility to establish an ad hoc tem, to appoint ad hoc investigators
and ad hoc prosecutors, and to elect ad hoc judges apart from career
judges;
2.
Komnas HAM is the only institution that has the mandate to conduct in-
quiry, while the investigators do not have the mandate to receive report
or complaints made by other institutions than Komnas HAM as regulated
in the Indonesian Criminal Code (KUHP);
3.
The provision that regulates special time-schedule to complete the inves-
tigation and to prosecute, as well as to complete the trial process;
4.
The provision that regulates victims and witnesses protection;
5.
The provision that affirms that gross human rights violations do not ex-
pire;
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6.
The provision that regulates retroactive nature of the Act No. 26/2000.
Hereby some description of gross human rights violations cases handled by
Komnas HAM in 2005, and also the development of some cases which reports
had been submitted to the Attorney General to be investigated. Moreover, this
chapter will also describe some cases which already processed by ad hoc
human rights courts and by human rights courts in 2006.
B. THE ENFORCED DISAPPEARANCE INCIDENTS IN
1997-1998
To follow-up the result of the study according to the Act No. 39 Year 1999 on
Human Rights, Komnas HAM according to its function based on the Act No. 26
Year 2000 on Human Rights Court to conduct a projustitia inquiry had estab-
lished an Ad Hoc Team as mentioned above. The Ad Hoc Team on the Inquiry of
Gross Human Rights Violations on Enforced Disappearance Incidents in 1997-
1998 worked since 1 October 2005 to 30 October 2006. The team had inter-
viewed 77 witnesses, consisted of 58 victims’ witnesses, victims’ families and
the public, 18 active or retired members of the Indonesian Police, and one
retired member of the Indonesian National Military (Tentara Nasional Indonesia
or TNI).
1.
DESCRIPTION OF THE INCIDENTS
Before and during the Plenary Session of the People’s Consultative Assembly
(Majelis Permusyawaratan Rakyat or MPR) in March 1998, enforced disappear-
ance happened to Desmond J. Mahesa, Pius Lustrilanang, Haryanto Taslam
and Suyat. Others enforced disappearance cases continued to be reported,
namely, Raharja Waluya Jati, Faisol Riza, Aan Rusdianto, Mugiyanto, Nezar Patria
and Andi Arief. Another information on enforced disappearance cases since
1997 emerged under the names of Dedi Hamdun, Noval Alkatiri, Ismail, Yani
Afrie and Sony. A few days later, some of these victims returned home and
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gave information to the public regarding their disappearance. According to
these people, there was another person who was being detained at the same
place, Lucas da Costa.
During the May 1998 riots, several persons were reported missing, namely,
Ucok Munandar Siahaan, Hendra Hambali, Yadin Muhidin and Abdun Nasser.
Moreover, an activist, Leonardus Nugroho or Gilang, was found dead in Solo
with the predicted time of death just a moment after the Soeharto withdrawal
from presidency. The cause of death was because of stabbing of sharp ob-
jects. The death of Gilang had triggered the opinion of the existence of a
specific group who had political motive to murder pro-democracy activists.
In the enforced disappearance incidents in 1997-1998, at least 13 persons
were reported as victims of enforced disappearance whose whereabouts are
unknown pending the end of the working period of the Ad Hoc Team. They are:
Yani Afrie, Sony, Herman Hendrawan, Dedi Hamdun, Noval Alkatiri, Ismail, Suyat,
Petrus Bima Anugerah, Wiji Thukul, Ucok Munandar Siahaan, Hendra Hambali,
Yadin Muhidin and Abdun Nasser. Ten other pro-democracy activists who were
released are Mugiyanto, Aan Rusdianto, Nezar Patria, Faisol Riza, Raharja
Waluyo Jati, Haryanto Taslam, Andi Arief, Pius Lustrilanang, Desmond J. Mahesa,
and “St” (initial).
2.
CONCLUSIONS
1.
The Ad Hoc Team did not find preliminary evidence of the occurrence of
genocide.
2.
The Ad Hoc Team found substantial preliminary evidence of the occur-
rence of gross human rights violation of the enforced disappearance inci-
dents in 1997-1998 in the forms of murder, arbitrary deprivation of physi-
cal liberty, torture, ill-treatment and enforced disappearance of civilians.
Moreover, the actions were part of direct attack on civilians, which was
series of actions taken against civilians in follow up to policy of an au-
thority. Since the actions were also widespread and systematic in nature,
the forms of the actions could be categorized as crimes against human-
ity.
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3.
The type of acts of the crimes against humanity in the enforced disap-
pearance incidents in 1997-1998 was divided into two periods. First, the
incidents before the enactment of the Act No. 26 Year 2000 on Human
Rights Court (on returned victims) and second, the continuous incidents
(on victims whose whereabouts were still unknown).
The type of acts of the crimes against humanity on the incidents before the
enactment of the Act No. 26 Year 2000 on Human Rights Court (on returned
victims) is as follows:
a.
Murder
The number of civilian who had become murder victims as the result of
the operation conducted by the state apparatus is at least one person,
Leonardus Nugroho Iskandar or Gilang.
b.
Arbitrary deprivation of freedom or other physical liberties
The number of civilians who had become the victims of arbitrary depriva-
tion of freedom or other physical liberties conducted by the state appa-
ratus is at least 10 persons, namely, Mugiyanto, Aan Rusdianto, Nezar
Patria, Faisol Riza, Raharja Waluya Jati, Haryanto Taslam, Andi Arief, Pius
Lustrilanang, Desmond J. Mahesa and “St”.
c.
Torture
The number of civilians who had become the victims of torture conducted
by the state apparatus is at least 9 persons, namely, Mugiyanto, Aan
Rusdianto, Nezar Patria, Faisol Riza, Raharja Waluya Jati, Haryanto Taslam,
Pius Lustrilanang, Desmond J. Mahesa and “St”.
d.
Ill-treatment
The number of civilians who had become the victims of ill-treatment con-
ducted by the state apparatus is at least 10 persons, namely, Mugiyanto,
Aan Rusdianto, Nezar Patria, Faisol Riza, Raharja Waluya Jati, Haryanto
Taslam, Andi Arief, Pius Lustrilanang, Desmond J. Mahesa and “St”.
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e.
Enforced disappearance
The number of civilians who had become the victims of enforced disap-
pearance conducted by the state apparatus is at least 10 persons, namely,
Mugiyanto, Aan Rusdianto, Nezar Patria, Faisol Riza, Raharja Waluya Jati,
Haryanto Taslam, Andi Arief, Pius Lustrilanang, Desmond J. Mahesa and
“St”.
The type of acts of the crimes against humanity which still continues to present
day (on victims whose whereabouts were still unknown) is as follows:
a.
Arbitrary deprivation of freedom or other physical liberties
The number of civilians who had become the victims of arbitrary depriva-
tion of freedom or other physical liberties conducted by the state appa-
ratus is at least 9 persons, namely, Yani Afrie, Sony, Herman Hendrawan,
Dedi Hamdun, Noval Alkatiri, Ismail, Suyat, Petrus Bima Anugerah and Wiji
Thukul.
b.
Torture
The number of civilians who had become the victims of torture conducted
by the state apparatus is at least 2 persons, namely Yani Afrie and Sony.
c.
Ill-treatment
The number of civilians who had become the victims of ill-treatment con-
ducted by the state apparatus is at least 2 persons, namely, Yani Afrie
and Sony.
d.
Enforced disappearance
The number of civilians who had become the victims of enforced disap-
pearance conducted by the state apparatus is at least 13 persons, namely,
Yani Afrie, Sony, Herman Hendrawan, Dedi Hamdun, Noval Alkatiri, Ismail,
Suyat, Petrus Bima Anugerah, Wiji Thukul, Ucok Munandar Siahaan, Hendra
Hambali, Yadin Muhyidin and Abdun Nasser.
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4.
Person(s) responsible for the crimes against humanity as mentioned above
are:
a. Commander or superior who did not prevent, terminate, or deliver
the perpetrators to the authorized officials for inquiry, investigation
and prosecution.
b. Direct perpetrator(s) who caused the occurrence of the crimes and
perpetrators who did the crime together with other person(s) (joint
criminal enterprise).
5.
According to the facts mentioned above, victims identified and cross-
examination of evidence, the team concluded that 27 persons are re-
sponsible for the criminal acts in the enforced disappearance incidents
in 1997-1998, namely:
a. 11 persons allegedly conducted the acts of crimes against humanity
directly.
b. 10 persons alleged of command responsibility.
c. 6 persons alleged of joint criminal enterprise.
3.
OBSTACLES
In conducting its duties, the Ad Hoc Team had faced several obstacles, among
others:
1.
The refusal and unwillingness of several victims to answer to Komnas
HAM request to become witnesses to the inquiry.
2.
The postponement of attendance of several active and retired members
of the Indonesian Police to answer Komnas HAM summons, although even-
tually all of them came to give their testimonies.
3.
The refusal of the Indonesian National Military (Tentara Nasional Indone-
sia or TNI) to answer to Komnas HAM summons with the argument that
Komnas HAM does not automatically has the authority to conduct a
projustitia inquiry. According to the Indonesian National Military, Komnas
HAM could only conduct the projustitia inquiry after the establishment of
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an ad hoc human rights court through a decision of the President on the
recommendation of the House of Representatives of the Republic of Indo-
nesia.
4.
The refusal of the Attorney General to publish an order on behalf of Komnas
HAM to call on experts and to visit locations or places of detention.
5.
The refusal of the Chair of the Central Jakarta District Court to authorize
Komnas HAM to use its sub-poena power for several witnesses who re-
fused to answer to Komnas HAM summons.
! Press Conference on the Submission of the Report of the Ad Hoc Inquiry Team on
Gross Human Rights Violations of Enforced Disappearance Incidents in 1997-1998
at Komnas HAM Office on 10 November 2006.
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4.
FOLLOW-UP
Based on the conclusions of the Ad Hoc Team as mentioned above, Komnas
HAM had conducted several follow-ups, as follows:
1.
Komnas HAM has requested the Attorney General to follow-up the result
of the inquiry with investigation through the submission of the whole docu-
ments and report to the Attorney General on 13 November 2006.
2.
Komnas HAM has requested the Government to confirm the whereabouts
of the un-returned victims.
3.
Komnas HAM has requested the House of Representatives of the Republic
of Indonesia to establish an Ad Hoc Human Rights Court to start the prose-
cution process of the enforced disappearance incidents in 1997-1998.
C. PROGRESS OF THE WASIOR AND WAMENA
INCIDENTS, MAY RIOT 1998 INCIDENTS, AND
THE TRISAKTI, SEMANGGI I AND SEMANGGI II
INCIDENTS
Komnas HAM had completed the projustitia inquiries of the Wasior 2001-2002
incidents and the Wamena 2003 incidents (both in Papua) in 2004. The result of
the inquiry had been submitted to the Attorney General office through a letter
No. 290/TUA/IX/2004 dated 3 September 2004. However, the Attorney Ge-
neral had returned the documents through a letter No. R-209/A/F.6/11/2004
dated 30 November 2004, which stated that the result of Komnas HAM inquiry
was not complete. In response, Komnas HAM had returned the inquiry findings
to the Attorney General through a letter No. 376/TUA/XII/2004 dated 29 De-
cember 2004, which firmly stated that according to article 20 paragraph 3 of
the Act No. 26/2000, the investigator can only return the inquiry findings to the
inquirer when the inquiry findings are insufficient, which defined as “not suffi-
cient to meet the conditions for a gross violation of human rights to be
followed up by investigation”.
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Meanwhile, the result of the inquiry on May Riot 1998 incidents had been sub-
mitted to the Attorney General through a letter No. 197/TUA/IX/2003 dated 19
September 2003 for further investigations. In its development, the documents
were returned to Komnas HAM several times. It was returned for the last time
to the Attorney General in 6 January 2005 through a letter No. 09/TUA/I/2005.
The letter stated that according to article 20 paragraph 3 of the Act No. 26/
2000, the investigator can only return the inquiry findings to the inquirer when
the inquiry findings are insufficient, which defined as “not sufficient to meet the
conditions for a gross violation of human rights to be followed up by investiga-
tion”. To accelerate the judicial process of the case, Komnas HAM had held a
meeting with the Chairpersons of the House of Representatives of the Republic
of Indonesia on 27 October 2003 to urge the House of Representative of the
Republic of Indonesia to recommend the establishment of an ad hoc Human
Rights Court because the incidents occurred before the enactment of the Act
No. 26 Year 2000 on Human Rights Court. The House of Representatives had
assigned the Commission III to conduct a research and study of the incidents.
With regard to Trisakti, Semanggi I and Semanggi II incidents, the result of the
inquiry concluded that gross human rights violations had occurred in these
incidents. The documents of the inquiry had been submitted to the Attorney
General in June 2002 which had been returned several times. For the last time,
Komnas HAM had returned the documents to the Attorney General through a
letter No. 10/TUA/I/2005 dated 6 January 2005. The letter highlighted that
according to article 20 paragraph 3 of the Act No. 26/2000, the investigator
can only return the inquiry findings to the inquirer when the inquiry findings are
insufficient, which defined as “not sufficient to meet the conditions for a gross
violation of human rights to be followed up by investigation”. The follow-up of
the case had not known for certain since the Attorney General still considered
that the House of Representatives of the Republic of Indonesia had determined
that the Trisakti, Semanggi I and Semanggi II incidents were not gross human
rights violations.
With regard to the Attorney General opinion, Komnas HAM had sent a letter on
19 March 2003 to the Chairpersons of the House of Representatives of the
Republic of Indonesia to review its previous decision. Komnas HAM had also
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met with the Chairpersons of the House of Representatives of the Republic of
Indonesia on 29 October 2003 to discuss the matter.
During the hearing with Third Commission of the House of Representatives on
30 November 2004, Komnas HAM had once again inquired on the follow-up of
Komnas HAM request. However, due to the lack of a carry-over process from
the 1999 – 2004 working period to the 2004 – 2009 working period of the
members of the House of Representatives of the Republic of Indonesia, the
Chairperson of Third Commission of the House of Representatives of the Re-
public of Indonesia had suggested Komnas HAM to re-submit the problem to
the Chairperson of the House of Representatives of the Republic of Indonesia.
Therefore, Komnas HAM had sent another letter to the Chairperson of the
House of Representatives of the Republic of Indonesia No. 363/TUA/XII/2004
dated 9 December 2004. As a follow-up, the Third Commission of the House of
Representatives of the Republic of Indonesia had concluded its study on the
matter and had recommended the Plenary Session of the House of Represen-
tatives of the Republic of Indonesia to review its decision regarding Trisakti,
Semanggi I and Semanggi II incidents.
In 27 February 2006, Komnas HAM had sent a letter to the Chairpersons of the
House of Representatives of the Republic of Indonesia to discuss the follow-up
of the Wasior and Wamena incidents, May Riot 1998 incidents and the Trisakti,
Semanggi I and Semanggi II incidents which documents of inquiries had been
completed by Komnas HAM but have yet follow-up with investigations by the
Attorney General. Moreover, Komnas HAM also had sent a letter to the Chair-
persons of the House of Representatives on 13 March 2006 to recommend the
President to establish an Ad Hoc Human Rights Courts for these three inci-
dents.
Pending the end of 2006, the Attorney General as well as the House of Repre-
sentatives of the Republic of Indonesia have yet done anything to follow-up the
results of the inquiries conducted by Komnas HAM with regard to Wasior and
Wamena incidents, the May Riot 1998 incidents and the Trisakti, Semanggi I
and Semanggi II incidents.
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D. PROGRESS OF ABEPURA INCIDENTS
The result of Komnas HAM inquiry on gross human rights violation of Abepura
incidents in December 2000 had been submitted to the Attorney General in
2001. This case had been investigated, which determined two defendants,
Daud Sihombing and Jhony Waenal Usman. The two defendants had been tried
in human rights courts. The Human Rights Court in Makassar had decided to
free Daud Sihombing on 8 September 2005 and Jhony Waenal Usman on 9
September 2005. In the trial process one judge, Kabul Supriyadi gave his
dissenting opinion on the court decisions. With regard to the court decisions,
the Attorney General has requested a cassation to the Supreme Court. The
cassation was still in process in 2006. Here is the recapitulation of the court’s
decisions of the Abepura incidents.
VERDICT
COURT
ACCUSED
CHARGES
CASE
DISTRICT
APPEAL
CASSATION
REVIEW
C O U R T
I
JOHNY WAINAL USMAN,
10 years
Former Commander of Abepura
imprisonment.
Released
Police Mobile Brigade Unit.
-
-
-
II
DAUD SIHOMBING,
10 years
Released
Former Chief of Abepura
imprisonment.
Police Resort.
-
-
-
Source : Kontras
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E. PROGRESS OF TANJUNG PRIOK INCIDENTS
1984
The result of Komnas HAM inquiry on gross human rights violations of Tanjung
Priok incidents in 1998 had been submitted to the Attorney General in 2001.
The case had been investigated and determined 14 defendants. They had been
put into trial. In 2006, the judicial process of the case had been completed in
the cassation level. Here is the recapitulation of the court’s decisions of the
Tanjung Priok 1984 incidents:
VERDICT
COURT
ACCUSED
CHARGES
CASE
DISTRICT
APPEAL CASSATION REVIEW
COURT
I
SUTRISNO MASCUNG
10 years
3 years
Former Commander of Group III
imprisonment,
Compensation
Yon Arhanudse 06.
Compensation, for the 13
Released Released
Restitution and
victims and
Rehabilitation.
their benefi-
ciaries.
FORMER MEMBERS OF GROUP III
Each, 10 years Released
Released Released
YON ARHANUDSE 06:
imprisonment.
1. Asrori
2. Siswoyo
3. Abdul Halim
4. Zulfatah
5. Sumitro
6. Sofyan Hadi
7. Prayogi
8. Winarko
9. Idrus
10. Muchson
II
RUDOLF ADOLF BUTAR-BUTAR
10 years
Compensation Released Released
Former Commander of Military
imprisonment.
for victims and
District 0502/ North Jakarta.
beneficiaries.
III
PRANOWO
5 years
Released
-
Released
Former Military Commander of
imprisonment
the Regional Military
Compensation,
Command V Jaya.
Restitution and
Rehabilitation.
IV
SRIYANTO
10 years
Released
-
Released
Former Operational Unit Chief of
imprisonment
District Military Command 0502/
Compensation,
North Jakarta.
Restitution and
Rehabilitation.
Source : Kontras
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F. PROGRESS OF EAST TIMOR INCIDENTS IN 1999
The result of Komnas HAM inquiry on gross human rights violations of East
Timor incidents in 1999 had been submitted to the Attorney General in 2001/
2000. The case had been investigated and determined 18 defendants. They
had been put into trial. In 2006, the judicial process of the case had been
completed in the cassation level. Here is the recapitulation of the court’s deci-
sions of the East Timor 1999 incidents:
VERDICT
COURT
ACCUSED
CASE
CHARGES
DISTRICT
APPEAL CASSATION REVIEW
COURT
I
TIMBUL SILAEN
10 years
Released
-
Released
Chief of East Timor Regional Police.
6 months
imprisonment.
II
ABILIO JOSE SOARES
10 years
3 years
3 years
3 years
Released
Former Governor of East Timor.
imprisonmen.t
imprisonment.
III
HERMAN SEDYONO
10 years
Released
-
Released
Former Regent of KDH Level II Covalima. imprisonment.
LILIEK KOESHADIANTO
10 years 6 months Released
-
Released
Former Suai Commander of Military District imprisonment.
GATOT SUBIYAKTORO
10 years 3 months Released
-
Released
Former Chief of Suai Police Resort
imprisonment.
ACHMAD SYAMSUDIN
10 years
Released
-
Released
(Former 1635 Suai Kasdim).
imprisonment.
SUGITO (Former Suai Sub-district
10 years
Released
-
Released
Military Commander).
imprisonment.
IV
ASEP KUSWANI (Former Commander
10 years
Released
-
Released
of Liquisa Military District).
imprisonment.
ADIOS SALOPA (Former Chief of
10 years
Released
-
Released
Liquisa Police Resort).
imprisonment.
LEONITO MARTIN
10 years
Released
-
Released
(Former Regent of Liquisa).
imprisonment.
V
ENDAR PRIYANTO (Former
10 years
Released
-
Released
Commander of Dili Military District).
imprisonment.
VI
SUDJARWO (Former Commander
10 years
5 years
Released Released
of Dili Military District).
imprisonment.
imprisonment.
VII
HULMAN GULTOM
10 years
3 years
Released Released
(Former Chief of Dili Police Resort). imprisonment.
imprisonment.
VIII
EURICO GUTERRES (Former Commander 10 years
10 years
5 years
5 years
of Military of Aitarak – pro integration).
imprisonment.
IX
ADAM DAMIRI (Former Commander Released
3 years
Released Released
of Regional Military IX/ Udayana).
imprisonment.
X
TONO SURATMAN (Former Commander
10 years
Released
-
Released
of Wiradharma Military Command).
imprisonmen.t
XI
NOER MUIS (Former Commander
10 years
5 years
of Wiradharma Military Command).
imprisonment
imprisonment.
Released Released
XII
YAYAT SUDARAJAT (Former Commander 10 years
of Intelligent Taskforce Tribuana VIII).
imprisonment.
Released
-
Released
Source: Kontras
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THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Chapter V
REPRESENTATIVE/
REGIONAL OFFICE OF
KOMNAS HAM
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A. INTRODUCTION
Considering the scope and areas of Komnas HAM mandate in creating condi-
tion conducive for the implementation, protection and enforcement of human
rights, article 76 paragraph 4 of the Act No. 39 Year 1999 on Human Rights
endows Komnas HAM with the opportunity to establish its representatives in
regional areas. To fulfil this provision and to provide better and wider access
to the people living in regional areas, particularly victims of human rights vio-
lations, Komnas HAM had established the representatives and regional offices
of Komnas HAM in Nanggroe Aceh Darussalam (NAD), West Sumatera, West
Kalimantan, Central Sulawesi, Maluku and Papua.
Representatives of Komnas HAM are institutions established by Komnas HAM
to carry out delegated functions, duties and mandates of Komnas HAM. Re-
gional offices of Komnas HAM are institutions established to assist Komnas
HAM in implementing its function, duties and mandates in regional areas. In
2006 Komnas HAM had established its newest Regional Office in Central
Sulawesi. Meanwhile, the intention to establish regional offices in Riau and
Nusa Tenggara Timur launched since 2005 has yet been fulfilled in 2006.
B. KOMNAS HAM REGIONAL OFFICE IN NANGGROE
ACEH DARUSSALAM
Nanggroe Aceh Darussalam is a conflict area with potential human rights viola-
tions. Based on this fact, Komnas HAM had established the Regional Office in
Nanggroe Aceh Darussalam in September 1999. The aim of the establishment
of the Regional Office is to provide better and wider access for victims of
human rights violations to submit their complaints to Komnas HAM. The objec-
tives of Komnas HAM Regional Office in Nanggroe Aceh Darussalam are as
follows: a) to ensure people’s access to Komnas HAM public services accord-
ing to its functions and mandates based on the Act No. 39 Year 1999 on Human
Rights and the Act No. 26 Year 2000 on Human Rights Court; and b) to achieve
condition conducive for the implementation of human rights in Nanggroe Aceh
Darussalam.
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Several activities conducted by the Regional Office in Nanggroe Aceh Darussalam
are as follows:
1.
The Regional Office in Nanggroe Aceh Darussalam were actively involved
as resource persons in several activities, namely, training, workshop,
seminar and discussion conducted by government agencies as well as
non governmental organizations in Nanggroe Aceh Darussalam.
2.
In 2006, the Regional Office in Nanggroe Aceh Darussalam had conducted
9 monitoring activities based on assignment from Komnas HAM in Jakarta,
namely: monitoring of civil ad political rights in Eastern Aceh (March,
May, August, December), Northern Aceh (April, November-December) and
Aceh Jaya (December); and monitoring of economic, social and cultural
rights in Western Barat (March, Mau) and Aceh Jaya (December).
3.
Several cases handled by the Regional Office in Nanggroe Aceh
Darussalam are as follows:
CASES HANDLED BY THE REGIONAL OFFICE IN
NANGGROE ACEH DARUSSALAM
NO
TYPE OF CASE
TOTAL
FOLLOW-UP
1.
Violations of the right to property.
1
In the process of requesting clarifi
cation from related parties.
2.
Violations of the right to personal
• Completed [1 case]·
safety.
6
• Discontinued because of incom-
plete administrative requirement;
lack of written statement from the
complainants [2 cases].
• Discontinued because the case
had been settled through other
legal mechanism [1 case].
• On-going process [2 cases].
3.
Domestic violence.
1
Providing recommendation to the
Nanggroe Aceh Darussalam Police
District; the case was outside the
mandate of Komnas HAM [1 case].
TOTAL CASES
8
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C. REGIONAL OFFICE IN MALUKU
Given that the Island of Maluku is also a conflict area, especially horizontal
conflict, with potential human rights violations, therefore, in order to optimally
monitor and handle cases of human rights violations in this area, Komnas HAM
had established the Regional Office in Maluku in 2001.
In 2006, several activities conducted by the Regional Office in Maluku are as
follows:
1.
The Regional Office in Maluku was actively involved as resource persons
in human rights education activities. The subjects given in these activities
were, among others, human rights in general, domestic violence, rights
of children, women rights as well as human rights related to environmen-
tal issues and indigenous people.
2.
The Regional Office in Maluku had received 21 written complaints. From
these complaints, the Regional Office in Maluku had completed 8 cases,
3 cases needed to be followed-up with mediation processes, and 10 cases
continued to be monitored. Cases handled by the Regional Office in Maluku
are as follows:
NO.
CASES (COMPLAINTS)
LOCATION
FOLLOW-UP
1.
Violations of workers right
Ambon.
Reported to related institution
to appropriate wages.
and Ambon Police Resort.
2.
Fulfilment of the rights of
Amahai Sub-district,
Submitted to Komnas HAM
children after the conflict.
Central Maluku District.
in Jakarta and has been
further investigated.
3.
Damage of properties and
Batu Meja,
Handled by the Maluku Police
murder attempt of street
Sirimau Sub-district, Ambon.
District and case had been
vendors by member of the
closed.
Maluku Police District.
4.
Attack, murder and
Negeri Wamkama, South Buru
Case completed with the
plundering.
Sub-district, Buru Island District. arrestand punishment of
the perpetrator.
5.
Violations of the right to land Negeri Wakolo Lisabata,
Submitted to Komnas HAM
property (refugees from
Taniwel Sub-district,
in Jakarta, to be followed-up
Negeri Wakolo could not
North Seram District.
with mediation process.
come back to their homes).
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NO.
CASES (COMPLAINTS)
LOCATION
FOLLOW-UP
5.
Violations of workers right
Ambon.
Reported to related institution
to appropriate wages.
and Ambon Police Resort.
6.
Acts of violence on a child,
Public Elementary School
Case handled by the Head of
grade II elementary school
(Sekolah Dasar Negeri SDN) 7
School of SDN 7.
student, by a teacher during
Tulehu, Central Maluku District.
school time.
7.
Rape conducted by member
Suli Indah Hotel, Negeri Suli.
Case completed, the alleged
of the police.
person were punished for 8 years
imprisonment.
8.
Domestic violence.
Batu Meja, Sirimau Sub-district, Submitted to Komnas HAM in
Ambon.
Jakarta, case handled by the
Maluku Police District.
9.
Violations of the rights of
Negeri Waiheru, Baguala
Case completed by the Regional
internally displaced persons
Sub-district, Ambon.
Office for Social Affairs.
in Negeri Waiheru (38 families).
10. Land dispute and attack
Negeri Horale and Negeri
Submitted to Komnas HAM in
which caused injured victims Saleman, Wahai Sub-district,
Jakarta and has been further
and house’s burning.
Central Maluku District.
investigated.
11. Violation of the right to
Negeri Haruku,
Submitted to Komnas HAM in
property (claiming of traditional
Haruku Sub-district,
Jakarta and has been further
land by private company)
Central Maluku District.
investigated.
12. Violation to women rights,
Negeri Batu Merah,
Submitted to Komnas HAM in
a decision of the Ambon
Sirimau Sub-district, Ambon.
Jakarta and recommended to put
Religious Court to separate
a complaint to the Ombudsman.
a child from the mother
13. Violation to the rights of
Internally displaced persons
Reported to the Maluku
internally displaced persons
from Negeri Paso, Batu Gong,
Provincial Government.
regarding payment of BBR
Eri, Hutumuri, Halong,
and returning fund.
Negeri Lama, Talake, Waihoka,
Benteng Atas, Negeri Batu
Merah and Buru Island.
14. Alleged murder case.
Buru Island waters.
Reported to Maluku Police
District, on-going process
and autopsy of the victim’s body.
15. Violation of the economic
Negeri Laha (Pattimura Airport). Case handled by the Regional
right of the members of
Office for Small Economic
Koperasi Prediksi Jaya.
Enterprises Affairs and KUKM of
the Maluku Province.
16. Ill-treatment which had caused
Benteng Police Post, Ambon.
Processed by the Maluku Police
death of a person by three
District, the perpetrators were
members of the Maluku Police
arrested pending decision of
District in Benteng Police Post.
the court.
17. Separation of a child from
Ambon.
Reported to RPK Unit of the
the mother.
Maluku Police District.
18. Indication of misuse of
Hutumuri Village, Baguala
Case submitted to the Minister
power of the Chairperson
Sub-district, Ambon.
of KUKM in Jakarta.
of Koperasi Unit Desa (KUD)
Senyum Hutumuri and
corruption of the rights
of the members.
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NO.
CASES (COMPLAINTS)
LOCATION
FOLLOW-UP
19. Ill-treatment of three persons Negeri Tihulale, Kairatu
Case handled by
by the members of BKO
Sub-district, North Seram.
POMDAM XVI Pattimura.
Satgas Yonif 310 Siliwangi.
20. Sexual harassment by Kasat East Seram.
Case handled by the Maluku
Intelkam East Seram District
Police District, on-going
on 13 years old child.
monitoring.
21. Incident in the Waiheru
Waiheru detention place,
Legally processed.
detention place and
Baguala Sub-district, Ambon.
ill-treatment of the detainees
by the members of
Detasemen 88 of
the Maluku Police District.
D. REGIONAL OFFICE IN CENTRAL SULAWESI
Communal conflicts as well as conflicts resulted from agrarian disputes
between the people and companies and/or the state often occurred in Central
Sulawesi. These conditions have bad implication for the protection and en-
forcement of human rights with regard to the enhancement of personal de-
velopment of Indonesians as human beings in their entirety and their ability to
participate in various aspects of life. These could be seen in the occurrence
of conflicts in Poso District as well as other districts, including in Palu, which
often neglected by the law enforcement agencies.
Therefore, as a response to the above condition and to enhance the protec-
tion and enforcement of human rights in Central Sulawesi, Komnas HAM had
established the Regional Office in Central Sulawesi through Komnas HAM De-
cree No. 16/KOMNAS HAM/V/2006 dated 17 May 2006. The office was lo-
cated in Palu.
Several activities conducted by the Regional Office in Central Sulawesi in 2006
are as follows:
1.
In 2006, the Regional Office in Central Sulawesi had conducted activities
to socialize human rights, through comic book launching in cooperation
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with Komnas HAM in Jakarta and becoming resource persons in public
discussion, seminar, workshop, training and many others. Moreover, the
Regional Office in Central Sulawesi also conducted socialization on the
existence of the Regional Office through, among others, meetings with
community organizations and non governmental organizations, and ac-
tively providing information to government agencies in provincial, district
and cities levels, community organizations as well as community and reli-
gious leaders.
2.
In 2006, the Regional Office in Central Sulawesi had conducted monitor-
ing activities, among others, monitoring of enforced disappearance cases
and acts of violence conducted by security officers in Bolano Sub-dis-
trict, Parigi Moutong District; monitoring of security and human rights
condition in Poso; monitoring on human rights violations and the riots af-
ter the execution of the death penalty of Tibo cs. and the case on the
night of before Idul Fitri in Poso; monitoring of land disputes in Minti Makmur
Lalundu Village, Donggala District; monitoring on the right to good and
healthy environment in Toaya Village, Sindue Sub-district and Loli Village,
West Palu Sub-district; and monitoring on the investigation and legal pro-
cess of the shooting of Minister Irianto Kongkoli in Poso.
3.
Cases handled by the Regional Office in Central Sulawesi are as follows:
NO.
CASES
FOLLOW-UP
1.
Land dispute between the community and P.T. LTT.
The disputed land is used as shooting practice
area for police officers from the
Donggola Police Resort.
On-going process.
2.
Land dispute between the Sulewana community
in Poso with P.T. Bukaka.
On going process.
3.
Land dispute between the Maesa community with
Case closed.
Denpal Korem 132 Tadulako and enforced eviction
incidents conducted by Korem 132 Tadulako.
4.
Land dispute between the community and
On-going process.
P.T. Astra and acts of violence by the Police
Brigade Mobile Unit.
5.
Land (parking lot) dispute between C.V. Itun and
Kodim Donggala (Koramil West Palu).
Case completed.
Annual Report 2006
100 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
REPRESENTATIVE/REGIONAL OFFICE OF KOMNAS HAM
NO.
CASES
FOLLOW-UP
6.
Case of internally displaced persons as the result
Coordination with the Muspida at district
of the conflicts in Poso.
level, on-going process in provincial
government level.
7.
Acts of violence and sexual harassment in Poso.
On-going process.
8.
Claiming of land in Bolano Village, Bolano
Copies of recommendation.
Lambunu Sub-district, Parigi Moutong District.
9.
Acts of violence and use of firearms by security
On-going process.
officers in Kelurahan Gebang Rejo, Poso.
10. Request to continue a legal process.
Copies of recommendation.
11. Indication of the practice of fictional bank and
On-going process.
fraud case by UD. Jaya Makmur to the
community and farmers in Palolo region.
12. Bombing in Maesa, Palu.
On-going process.
13. Bombing in Tentena.
On-going process.
14. Execution of death penalty of Tibo cs.
Case closed.
15. The case of a shooting of
a Minister Irianto Kongkoli.
On-going process.
16. Acts of violence and enforced disappearance
On-going process.
of detainees in Bolano Police Sector,
Bolano Sub-district, Parigi Moutong District.
E. KOMNAS HAM REPRESENTATIVE IN WEST
SUMATERA
Komnas HAM Representatives in West Sumatera was established through the
Chairperson of Komnas HAM Decree No. 065/KOMNAS HAM/VIII/2002 to carry
out the functions of human rights education, monitoring and mediation in West
Sumatera. In 2006, Komnas HAM had completed the selection process of the
members of Komnas HAM Representative in West Sumatera. The new mem-
bers were appointed through the Chairperson of Komnas HAM Decree No. 34/
KOMNAS HAM/XI/2006 dated 16 November 2006 on the Appointment of the
Members of Komnas HAM Representative in West Sumatera for 2006-2009.
The members of Komnas HAM Representative in West Sumatera are as fol-
lows: Rusmazar Ruzuar, Lusi Herlina, Sudarto, Akmal and Zalekha.
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 101
REPRESENTATIVE/REGIONAL OFFICE OF KOMNAS HAM
In carrying out its duties and functions, Komnas HAM Representatives in West
Sumatera has three divisions, namely, the Division of Economic, Social and
Cultural Rights, the Division of Civil and Political Rights and the Division of the
Protection of Vulnerable Groups. The activities conducted by Komnas HAM
Representative in West Sumatera are as follows:
1.
Komnas HAM Representative in West Sumatera had conducted several
research activities, among others, a study on the Act on the Abolishment
of Domestic Violence; studies on several regional regulations violating
human rights such as the regional regulation on the abolishment of sexual
immorality, on public order and community peacefulness and on nagari
province and nagari district/city; and a study on the possibility of formu-
lating a regional regulation on traditional land (tanah ulayat) in 50 Kota
Payakumbuh City. Moreover, Komnas HAM Representative in West
Sumatera also conducted a research on the existence of West Sumatera
indigenous people in for regional areas, namely, Pesisir Selatan District,
Agam District, Solok City and Payakumbuh City.
2.
Komnas HAM Representative in West Sumatera also carried out several
activities to socialize human rights, among others, as resource persons
in activities such as seminar, discussion, training, and others; receiving
visitations or audiences; and conducting training activities.
3.
In 2006, Komnas HAM Representative in West Sumatera had conducted
monitoring activities, among others, monitoring of the traditional lands
(tanah ulayat) of the Kenagarian Mungo indigenous people in 50 Kota Dis-
trict and of the traditional lands of Kenagarian Padang Tarok indigenous
people in Agam District; and also monitoring on the judicial process of a
shooting incident in Pasaman Barat; monitoring on the election of the
head of IAIN Imam Bonjol University for 2006-2009 in Padang.
4.
Several cases handled by Komnas HAM Representative in West Sumatera
are as follows:
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REPRESENTATIVE/REGIONAL OFFICE OF KOMNAS HAM
NO.
CASES (COMPLAINTS)
FOLLOW-UP
1
Indication of human rights violation regarding
Sei Lareh case, Lubuk Minturun, Padang.
On-going process.
2
Files of the Supreme Court monitoring on alleged
corruption case of a member of the Regional
House of Representative in West Sumatera.
On-going process.
3
Ill-treatment of a journalist of Garda Minang tabloid
by an employee of the Transportation Regional
Office in Padang.
On-going process.
4
Counterfeit datuk case.
On-going process
5
The un-realization of an agreement between
farmers and P.T. VI Koto.
On-going process.
6
The traditional land (tanah ulayat) case of
Kota Raja Pasaman Barat indigenous people.
On-going process.
7
Enforced eviction of Mungo indigenous people
in 50 Kota District.
Recommendation.
8
Demonstration of taxi drivers of Minangkabau
International Airport.
Recommendation.
9
Request of protection from Pasaman Barat
indigenous people.
On-going process.
10
Request of fair punishment of the member of
the Police Mobile Brigade in West Sumatera.
Recommendation.
11
The case of shooting of Iwan Mulyadi.
Recommendation.
12
The case of alleged kidnapping in Solok.
On-going process.
13
Request to investigate the death of a member
of Tinggam community in Gua Rantau Tombang.
On-going process.
14
The case of farmers in Tambilang Basi,
Nagari Limau Lungo, Lembang Jaya Sub-district,
Solok District.
On-going process.
15
The first law suit (somasi) on civil case.
On-going process.
16
The case on the selection process of the head
of IAIN Imam Bonjol University in
2006-2009 in Padang.
Recommendation.
17
Human rights complaint on enforced
disappearance.
On-going process.
18
The case of the return of two grade 2 students
of Tawalib Padang Panjang.
Recommendation.
19
The case of arbitrary detention.
On-going process.
20
Rape case.
On-going process.
21
Clarification on the incidents of the street vendor.
On-going process.
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THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 103
REPRESENTATIVE/REGIONAL OFFICE OF KOMNAS HAM
NO.
CASES
FOLLOW-UP
22
Complaint on postponed payment of full-time
lecturer salaries.
On-going process.
23
The Saruaso Pagaruyung riots in Tanah Datar
District in 2002.
On-going process.
24
Law suit against the result of land measurement.
On-going process.
25
Forced dismissal of employment.
Completed.
26
Murder case of a midwife.
Completed.
27
Wrong arrest by the law enforcement agency.
On-going process.
F. KOMNAS HAM REPRESENTATIVE IN WEST
KALIMANTAN
The West Kalimantan Province is a conflict area, especially horizontal con-
flict, with potential human rights violations, particularly the rights of migrant
workers and human trafficking. To optimally carry out its functions, obligations
and mandates in West Kalimantan area, Komnas HAM had established Komnas
HAM Representative in West Kalimantan through Komnas HAM Decision No.
010/KomnasHAM/Us/2000 dated 6 June 2000. Komnas HAM Representative in
West Kalimantan has the mandates and obligations to carry out the functions
of research and study, education, monitoring and mediation of human rights.
In September 2006, Komnas HAM had appointed the new members of Komnas
HAM Representative in West Kalimantan for 2006-2009 through the Chairper-
son of Komnas HAM Decision No. 30/KOMNAS HAM/IX/2006, namely, Ahmad
Husainie, Suharsono, Padmi Jhendramidi, Purwanto, Ahmad Shiddiq, Hairiah
and Edi V. Petebang.
Activities conducted by Komnas HAM Representative in West Kalimantan in
2006 are as follows:
1.
Komnas HAM Representative in West Kalimantan had conducted several
activities to socialize human rights, among others, through conducting
seminar, workshop, discussion and training, as well as providing resource
persons on activities related to human rights issues.
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104 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
REPRESENTATIVE/REGIONAL OFFICE OF KOMNAS HAM
2.
In 2007, monitoring activities conducted by Komnas HAM Representative
in West Kalimantan are as follows:
NO
MONITORING ACTIVITIES
RESULT/RECOMMENDATION
1.
Monitoring of the implementation of regional
Result:
elections in Sambas and Landak Districts.
The regional elections in Sambas and
Landak Districts were conducted safely,
no indication of human rights violations.
2
Monitoring in several areas of internally
Results:
displaced persons, among others, in PT. Zakia,
• The un-fulfilment of the right to adequate
Parit Sumber Bahagia and Nyamuk Island.
food of the internally displaced persons;
• The un-fulfilment of the rights of women
and children, particularly in education.
Recommendations:
• To urge the Agrarian Regional Office in
Pontianak District to place their officers
in relocation areas to provide support on
agriculture intensification;
• To urge the National Education Regional
Office to implement the abolishment of
illiteracy programme through forming of
cadres of the local people;
• To urge the Health Regional Office to
increase the number of medical officers
in relocation areas.
3
Monitoring on conflict mapping in several cities
Results:
and districts in West Kalimantan, among others,
• The types of communal violence in West
in Pontianak, Singkawang, Sambas, Bengkayang,
Kalimantan were basically caused by
Sangau and Sintang Districts.
problems of ethnicity, sub-ethnicity and
grouping; monopoly of economic sources;
problems related to regional election
process; human rights violations related
to regional economic recovery projects;
and violations of civil and political rights
of minorities by the Provincial Government,
City Government and District Government;
• Companies and big business, organized
civilian groups based on ethnicity,
political affiliation and religion were
parties to many incidents of human rights
violations in West Kalimantan;
• Victims of human rights violations
consisted of civilian, indigenous people,
minorities, children, peasants, workers,
as well as peace, environment and
human rights activists.
4
Monitoring of the condition of detention places
in West Kalimantan regarding the fulfilment
of human rights.
5
Monitoring of Tanah Brigif land in Singkawang City.
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THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 105
REPRESENTATIVE/REGIONAL OFFICE OF KOMNAS HAM
G. KOMNAS HAM REPRESENTATIVE IN PAPUA
Papua is a conflict area with potential human rights violations. To optimally
carry out its functions in this region, Komnas HAM had established Komnas
HAM Representative in Papua in 2003, through Komnas HAM Decision
No. 20/Komnas HAM/VII/2003.
In 2006, the activities conducted by Komnas HAM Representative in Papua are
as follows:
1.
In 2006, Komnas HAM Representative in Papua had conducted several
activities to socialize human rights, among others, seminar and work-
shop. Moreover, Komnas HAM Representative in Papua also socialized
the functions and mandates of Komnas HAM Representative in Papua to
the local people and the local government in Papua.
2.
In 2006, Komnas HAM Representative in Papua had conducted several
monitoring activities, among others: monitoring of a shooting incident in
Wagete, Paniai District; monitoring of the regional election in Papua; joint
monitoring with Komnas HAM in Jakarta on P.T. Freeport as the follow-up
of complaints of the people on the conflict between the local people and
the company; monitoring on the fulfilment of the economic, social and
cultural rights in Biak Numfor District; monitoring on the right to personal
safety of the people in Distrik Bonggo, Sarmi District, determined as
yang monitored area; monitoring activities in several developed or ex-
panded districts, namely, Waropen District and Yapen District; and moni-
toring in Yapen District on the conflict between the Regional House of
Representatives and the Regent which had hindered the implementation
of public services.
3.
Several cases handled by Komnas HAM Representative in Papua are as
follows:
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NO.
CASES
FOLLOW-UP
1
Conflict between security officers and the people
The establishment of monitoring team
of Enarotali District.
which conducted a meeting with the victims.
The inquiry is still on-going.
2
The riot in Abepura court.
The establishment of inquiry team to deal
with the riots in front of the Abepura court.
The team had collected information and
testimonies from the victims.
The inquiry is still on-going.
3
The case of gold panning in Timika.
The establishment of a joint team between
Komnas HAM in Jakarta and Komnas HAM
Representative in Papua. The team had
completed its report.
4
Land dispute between Merauje indigenous people
Recommendation from Komnas HAM
and CV Bintang Mas in Jayapura.
Representative in Papua.
5
Complaint on the high cost of school (elementary Recommendation to the Provincial Government
school, junior high school and high school)
in Papua to control the school fees.
in Papua in 2006.
6
Conflict between the Police Mobile Brigade and
The establishment of a joint team between
the university students in Abepura on 6 May 2006.
Komnas HAM in Jakarta and Komnas HAM
Representative in Papua.
7
Postponement of the inauguration of the Regional Recommendation to the Governor of Papua.
House of Representative in Mimika.
8
Embezzlement of rice for the poor programme
Recommendation to the Jayapura City
in Jayapura.
Government to monitor the distribution of rice.
9
Complaints from prisoners and their families in
Recommendation to the Abepura Correctional
Abepura Correctional Institution.
Institution to fulfil the right of health of
the prisoners.
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THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 107
Annual Report 2006
108 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Chapter VI
CLOSING
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 109
Annual Report 2006
110 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
CLOSING
The human rights condition in 2006 as described in the previous chapters has
shown the lack of protection, promotion, enforcement and fulfilment of human
rights in Indonesia. The hopes of the victims of the Trisakti, Semanggi I and
Semanggi II incidents, May Riot 1998 incidents, Wasior 2001-2002 incident
and Wamena 2003 incident for justice have yet been fulfilled. The reasons are
the discontinued judicial process of these incidents through investigations as
well as human rights court. Moreover, the Truth and Reconciliation Commission
(Komisi Kebenaran dan Rekonsiliasi or KKR), which membership should be ap-
pointed at the latest in April 2005 according to the Act, has yet been fulfilled
at the end of 2006. These have shown the insincerity of the Government to
actually solve gross human rights violations cases occurred before the enact-
ment of the Act No. 26 Year 2000 on Human Rights Court through non-judicial
process. The condition was worsen when the Constitutional Court (Mahkamah
Konstitusi or MK) decided on December 2006 that the Act No. 27 Year 2004 on
the Truth and Reconciliation Commission did not comply with the 1945 Constitu-
tion and that the Act No. 24 Year 2004 on the Truth and Reconciliation Commis-
sion did not legally binding. As the result, cases of gross human rights viola-
tions occurred before the enactment of the Act No. 26 Year 2000 on Human
Rights Court could not be solve through non-judicial process, at least until the
formulation of a new legislation on the truth and reconciliation commission.
The year 2006, as well as the year 2005, also marked by the violations of the
right to personal safety, the right to freedom of religion, the right to move-
ment, the right to food, the right to health, the right to work as well as the right
to good and healthy environment.
The enactment of several regional regulations which violate human rights in
several regions has shown that many legislative and executive decision ma-
kers have yet aware and comprehend the need to respect human rights in
every regulation or legislation.
Natural as well as human-made disasters have caused death of people and
lost of properties of many victims without any assurance on assistance or
compensation. Many people have to become internally displaced persons and
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 111
CLOSING
have to take refuge to other areas which have caused the un-fulfilment of their
rights to work, property and good standard of living.
The implementation of the functions, obligations and mandates of Komnas HAM
in projustitia inquiry on gross human rights violations on enforced disappear-
ance incidents in 1997-1998, started from 2005 and continued in 2006, still
faced many obstacles, particularly the refusal of several persons, including
members of the state apparatus, to answer to Komnas HAM summons to pro-
vide testimony and information on the incidents. Komnas HAM has also faced
problems when the Attorney General refused to allow Komnas HAM to conduct
site-visits to the locations of detention.
A positive development in the protection of the right to have a citizenship as
well as freedom to choose one’s citizenship was the enactment of the Act
No. 12 Year 2006 on Citizenship as a replacement of previous act on citizen-
ship which considered discriminative in nature.
The effort to solve human rights problems considered as common issues in
sub-regional level was considered important by the national human rights insti-
tutions in ASEAN countries. These national human rights institutions have iden-
tified the common issues, area of cooperation, as well as formulated the drafting
of the cooperation instrument. The actualization of this cooperation will be a
significant contribution to the effort to develop a human rights mechanism in
ASEAN.
As the result of the limitation conditioned by the legislation and the difficulties
in obtaining cooperation from government agencies, Komnas HAM, as the pre-
vious years, has faced problems in carrying out its functions, obligations and
mandates. Subsequently, Komnas HAM always tries to optimally carry out its
functions, obligations and mandates according to the prevailing legislations.
Annual Report 2006
112 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
APPENDIX
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 113
Annual Report 2006
114 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Appendix 1
LIST OF THE PLENARY SESSIONS DECISIONS OF
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA IN 2006
LIST OF THE PLENARY SESSIONS DECISIONS
OF THE NATIONAL HUMAN RIGHTS COMMISSION OF
INDONESIA IN 2006
The Plenary Session of the National Human Rights Commission of Indonesia in 2006 had taken
decisions on human rights matters as follows:
NO
DATE
DECISIONS
1.
Wednesday & Thursday,
1.
Decision to approve the work-plan of the Ad Hoc
11-12 January 2006
Inquiry Team on Gross Human Rights Violations in the
Enforced Disapperance Incidents in 1997-1998 until
June 2006 with the possibility of extension due to
external factors. Therefore, the Plenary Session
assigned the Ad Hoc Team to carry out it functions
and duties effectively, especially with regard to the
subpoena power.
2.
Decision to maintain Komnas HAM Representative in
West Sumatera with budget allocation only for 9
members and 11 staff until August 2006.
Subsequently, review and rationalization measures
should be taken in accordance with the regulations
determined by the State Minister for the
Empowerment of State Apparatus.
3.
Decision to assign the Vice Chairperson of Komnas
HAM to start the preparation for the selection
process of new members of Komnas HAM
Representative in West Sumatera.
4.
With regard to the end of term of members of Komnas
HAM Representative in West Kalimantan in July 2006,
the Plenary Session decided to assign the Vice
Chairperson of Komnas HAM to start the preparation
for the selection process of new members of Komnas
HAM Representative in West Kalimantan in
accordance with the regulations of the State Minister
for the Empowerment of State Apparatus. The
Plenary Session also decided to assign the Secretary
General to immediately arrange the approval of the
State Minister for the Empowerment of State
Apparatus regarding the organizational structure of
Komnas HAM Representatives.
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 115
Appendix 1
LIST OF THE PLENARY SESSIONS DECISIONS OF
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA IN 2006
NO
DATE
DECISIONS
2.
Wednesday & Thursday,
5.
Decision to conduct a study on the pattern of the
25-26 January 2006
employment of preman (street kids and/or hoodlums)
in the execution of court decisions and payment of
compensation regarding land cases (enforced
evictions cases).
6.
Decision to postpone the discussion on the draft of
legislation on the elimination of racial and ethnic
discrimination to the next Plenary Session.
7.
Decision to accept the preliminary report of
Commissioner Chandra Setiawan and, therefore,
assign the Monitoring Team on Madi Case
(Commissioner Chandra Setiawan and Commissioner
Samsudin) to conduct comprehensive inquiry on the
case with the possibility of involving other
Commissioners from other Sub-Commissions.
3.
Wednesday & Thursday,
8.
Decision to refuse the Draft of the Legislation on
08–09 February 2006
Racial and Ethnic Discrimination because abolishment
of discrimination has been regulated in the Act No.
29 Year 1999 on the Ratification of the International
Convention on the Elimination of Racial Discrimination.
9.
Decision to submit recommendation to the House of
Representatives of the Republic of Indonesia with
regard to persisting legislations which are
discriminative in nature.
10.
Decision to submit recommendation to the Minister
of Law and Human Rights to conduct harmonization
of legislations on the elimination of discrimination in
Indonesia.
11.
Decision to submit recommendation to the House of
Representatives of the Republic of Indonesia with
regard to the draft of the legislation on civil registration
and population administration. The draft of the
legislation on civil registration should be separated
from the draft of legislation on population
administration. The draft of the legislation on civil
administration should contain provisions on birth,
marriage, divorce and death. The legislation should
not regulate the legality of marriage according to
particular religion or belief.
Annual Report 2006
116 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Appendix 1
LIST OF THE PLENARY SESSIONS DECISIONS OF
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA IN 2006
NO
DATE
DECISIONS
12.
Decision to send a letter to the President of the
Republic of Indonesia to instruct the Department of
Religious Affairs to provide public services to the
adherents of all religions and belief in Indonesia and
to restructure its internal organization to provide the
public services.
13.
Decision to extent the working period of the Monitoring
Team on Ahmadiyah Incidents and to broaden the
scope of work to cover similar incidents in other
areas in addition to the incidents in Lombok.
4.
Wednesday & Thursday,
14.
Decision to approve the draft of the Decision of the
22-23 February 2006
Chairperson of Komnas HAM on the establishment of
the Komnas HAM Representative in the regional
areas.
15.
Decision to approve the cooperation between
Komnas HAM and IOM to conduct human rights training
in human trafficking.
16.
Decision to assign each Commissioner responsible
for each human rights theme to conduct coordination
with regard to the case in West Sumatera.
17.
Decision to assign Commisioner Achmad Ali to handle
the case of the right to property of internally displaced
persons in Ambon and to coordinate the matter with
Komnas HAM Regional Office in Maluku.
5.
Wednesday & Thursday,
18.
Decision to postpone the discussion on the case of
08-09 March 2006
asylum request of 43 Papuan to Australia after the
submission of the complete report from Komnas HAM
Representative in Papua.
19.
Decision to assign the Sub-Commision on the
Economic, Social and Cultural Rights to provide
adequate information on human rights violations
conducted by P.T. Freeport Indonesia to be discusses
in the next Plenary Session in April 2006.
20.
Decision to assign Commisioner MM. Billah to
complete the report on the development or expansion
process of Papua Province and its impact on human
rights.
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 117
Appendix 1
LIST OF THE PLENARY SESSIONS DECISIONS OF
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA IN 2006
NO
DATE
DECISIONS
21.
Decision to assign Commisioner Chandra Setiawan
to prepare a position paper on the Act No. 1 Year
1974 in relations with human rights to be discussed in
the next Plenary Session.
22.
Decision to approve the memorandum of
understanding (MoU) between Komnas HAM, the
National Commission for the Elimination of Violence
against Women (Komisi Nasional Anti Kekerasan
terhadap Perempuan) and the Commission on
Children Protection in Indonesia (Komisi Perlindungan
Anak Indonesia) with regard to the draft of the
legislation of anti pornography and porno-actions.
Therefore, the Plenary Session assigned the Sub-
Commision on the Protection of Vulnerable Groups
and Comissioner Hasto Atmojo Surojo to follow-up
the MoU.
23.
Decision to assign the Chairperson of Komnas HAM
to prepare a position paper on Komnas HAM mandate
in conducting inquiry of human rights violations to be
discussed in the next Plenary Session.
24.
Decision to assign the Chairperson of Komnas HAM
and Commissioner Enny Soeprapto to compose the
main points to be presented in the socialization of the
MoU between Komnas HAM and the Indonesian Police
(Kepolisian Indonesia or Polri). Decision to postpone
matters mentioned below to be discussed in the next
Plenary Session:
a. The report of Commissioner MM. Billah visit to
Aceh;
b. The paper on the establishment of Joint Working
Group on the Mapping of Indigenous People and
Traditional Land in Indonesia.
6.
Wednesday & Thursday,
25.
Decision to follow-up the monitoring report in Aceh
22-23 March 2006
made by Commissioner MM. Billah with the
establishment of a team consisted of Comissioner
MM. Bilah, Commissioner Ruswiati Suryasaputra and
Commissioner Anshari Thayib, as well as
Commissioner Hasballah M. Saad and Comissioner
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118 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Appendix 1
LIST OF THE PLENARY SESSIONS DECISIONS OF
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA IN 2006
NO
DATE
DECISIONS
Achmad Ali as resource persons, to conduct more
detail inquiry on human rights problems in Aceh. Each
of the Commissioners should use his/her budget.
26.
Decision to establish a team consisted of
Commissioner Saafroedin Bahar, Commissioner Taheri
Noor and Commissioner Achmad Ali to conduct a
mapping on indigenous people and their traditional land
in Indonesia and to prepare an academic paper on the
draft of legislation on indigenous people.
27.
With regard to the unrecorded and unregistered
marriage of couples with different religions in the civil
registration office (Kantor Catatan Sipil), decisions to:
a.
Urges the Minister of State Affairs to instruct the
Civil Registration Office to register marriage of
couples with different religions according to the
civil law in Indonesia;
b.
Further study the marriage conception as a civil
agreement in the Act No. 1 Year 1974 on Marriage
Affairs;
c.
Assign the Sub-Commission on Economic, Social
and Cultural Rights and the Sub-Commission on
Civil and Political Rights to follow-up the decisions
mentioned above.
7.
Wednesday & Thursday,
28.
Decision to assign Commissioner Lies Sugondo and
12-13 April 2006
Commissioner Djoko Soegianto to follow-up the letter
sent by Komnas HAM to the Supreme Court and
Attorney General on the death penalty of Tibo cs.
29.
Decision to postpone the discussion on the
correspondence between Komnas HAM and the
Attorney General to the next Plenary Session.
8.
Wednesday & Thursday,
30.
Decision to assign the monitoring team on P.T.
26–27 April 2006
Freeport case to complete its report on its visit to
Timika to be discussed in the next Plenary Session in
June.
31.
Decision to assign Commissioner Amidhan to write a
letter to Kompas newspaper as the response to the
article in Komnas regarding the result of the monitoring
in Timika, Papua.
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32.
Decision to accept the report of the monitoring team
on Talangsari case and further to assign the team to
complete the report with a legal analysis to be
discussed in the next Plenary Session.
33.
Decision to assign Commissioner Enny Soeprapto,
Commissioner M. Farid and Commissioner Habib
Chirzin to follow-up the formulation of the draft of the
declaration of cooperation between national human
rights institutions in ASEAN and to start the preparation
of the next meeting of national human rights institutions
in October 2006 in Bali.
34.
Decision to postpone the discussion of the draft of
Komnas HAM decision on the establishment of Komnas
HAM regional office in Sulawesi to the next Plenary
Session.
9.
Wednesday & Thursday,
35.
Decision to approve the draft of Komnas HAM
10-11 May 2006
Decision on the Establishment of Komnas HAM
Regional Office in Central Sulawesi Province. Some
inputs from the Plenary Session should be included in
the draft.
36.
Decision to recruit the members of Komnas HAM
Representative in West Sumatera in accordance with
the rules of procedure decided by Komnas HAM,
such as the fit and proper test, which should be
conducted by the selection committee before August
2006.
37.
Decision to assign Commissioner M. Farid,
Commissioner Taheri Noor, Commissioner Samsudin,
Commissioner Enny Soeprapto and Commissioner
Saafroedin Bahar to prepare the draft of the working
paper on the cooperation between Komnas HAM and
the Indonesian National Military (Tentara Nasional
Indonesia or TNI).
38.
Decision to assign Commissioner Enny Soeprapto to
conduct studies on the draft of the legislation on human
trafficking, the United Nations Convention against
Transnational Organized Crime, the United Nations
Protocol Against Migrant Smuggling by Land, Sea
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and Air and the Protocol to Prevent, Suppress and
Punish Trafficking in Persons Especially Women and
Children.
39.
Decision to postpone the discussion on the draft of
the legislation on Aceh government to the next Plenary
Session in June 2006.
40.
Decision to assign Commissioner Hasto Atmojo Surojo
to report the result of the study on the draft of the
legislation on anti pornography and porno-actions at
the next Plenary Session.
41.
Decision to postpone the report on the development
of the study on the draft of the legislation on citizenship
and the draft of the legislation on the freedom to
obtain public information to the next Plenary Session.
42.
Decision to assign a team to conduct a study on the
draft of legislation on ombudsman, the draft of the
legislation on state secrecy (kerahasiaan Negara)
and the draft of the legislation on military tribunal.
The discussion will be postponed to the next Plenary
Session.
10.
Wednesday & Thursday,
43.
Decision to assign Commissioner M. Said Nizar to
24-25 May 2006
prepare a paper on the result of the study on the
draft of legislation on citizenship according to the
last draft of the legislation on citizenship to be
discussed at the next Plenary Session on the fourth
week of June 2006.
44.
Decision to assign Commissioner Hasto Atmojo
Suroyo to submit a written paper on the result of the
study on the draft of legislation on freedom to obtain
public information to be discussed on the next Plenary
Session.
45.
Decision to assign Commissioner Saafroedin Bahar
and Commissioner Soelistyowati Soegondo to
conduct a study on the draft of legislation on
Ombudsman.
46.
Decision to assign Commissioner Hasto Atmodjo
Suroyo to conduct a study on the draft of legislation
on state secrecy (kerahasiaan Negara).
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47.
Decision to assign Commissioner Abdul Hakim Garuda
Nusantara and Commissioner Enny Soeprapto to
conduct a study on the draft of legislation on military
tribunal.
48.
Decision to assign Commissioner Hasto Atmojo Surojo
to revised the result of the study on the draft of
legislation on anti pornography and porno-actions to
cover the analysis of the first to the last drafts from
human rights perspectives to be discussed on the
next Plenary Session on the fourth week of June 2006.
49.
Decision to assign Commissioner Habib Chirzin, with
the assistance of Commissioner Hasto Atmojo Surojo,
Commissioner Chandra Setiawan and Commissioner
M. Farid to prepare a draft of Komnas HAM statement
on the trend of using acts of violence in responsing to
the discussion on the draft of legislation on anti
pornography and porno-actions within the community.
11.
Wednesday and Thursday,
50.
Decision to assign Commissioner Hasto Atmojo Surojo
14–15 June 2006
to revised the result of the study on the draft of
legislation the freedom to obtain public information
according to inputs from the Plenary Session and to
further consolidate with the Chairpersons of Komnas
HAM in the submission the result of the study to the
House of Representatives of the Republic of Indonesia.
51.
Decision to assign Commissioner Hasballah M. Saad
as the coordinator of the discussion on the draft of
legislation on Aceh government.
52.
Decision to assign Commissioner Saafroedin Bahar
and Commissioner Anshari Thayib as coordinators
of the discussion of the draft of legislation on disaster
management.
53.
Decision to assign Commissioner Hasto Atmojo
Surojo, Commissioner Koesparmono Irsan and
Commissioner Habib Chirzin as the vocal point of the
monitoring of the handling of earth quake disasters in
Yogyakarta and Central Java.
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54.
Decision to postpone the discussion on Komnas HAM
participation in the national congress of human
development in Indonesia to the next Plenary Session.
12.
Wednesday and Thursday,
55.
Decision to accept the result of the House of
28-29 June 2006
Representatives of the Republic of Indonesia team
on the formulation of article 4 of the draft of legislation
on citizenship and to further assign the Chairperson
of Komnas HAM to submit the principles approved in
the Plenary Session to the House of Representatives
of the Republic of Indonesia.
56.
Decision to postpone the establishment of Komnas
HAM Representative in Maluku and its area of work.
Decision to determine the area of work of Komnas
HAM Regional Office in Maluku in Maluku and North
Maluku pending the status of the budget. With regard
to the establishment of Komnas HAM Representative
in Maluku, decision to conduct a study on the necessity
to establish a Komnas HAM regional office in North
Maluku.
57.
Decision to assign the Vice Chairperson of Komnas
HAM to follow-up the enhancement of the status of
the Komnas HAM Regional Office di Maluku and Aceh
to become Komnas HAM Representatives in Maluku
and Aceh.
58.
Decision to assign the Selection Committee of the
members of Komnas HAM Representative in West
Kalimantan as follows:
a.
To verify the accuracy of data of the candidate
members in order to determine their integrity,
to request the candidate members to provide
essential documents such as birth certificate,
diploma, curriculum vitate and samples of
articles;
b.
To determine 14 candidate members to be
discussed in the next Plenary Session;
c.
To extend the working period of the current
members of the Representative of Komnas HAM
in West Kalimantan until the appointment of the
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new members of the Representative of Komnas
HAM in West Kalimantan.
59.
Decision to extend the working period of the Ad Hoc
Inquiry Team on Gross Human Rights Violations in the
Enforced Dissaperance Incidents in 1997-1998 for
three months.
60.
Decision to assign Commissioner Saafroedin Bahar,
Commissioner M. Habib Chirzin and the other
Commissioners to participate in the National
Congress on Human Development in Indonesia
conducted by the Office of the Coordinating Minister
of Social Welfare in order to critize development
policies from human rights perspective.
61.
Decision to assign a team to finalize the scope of
work in the draft of the Memorandum of Understanding
(MoU) between Komnas HAM and the Supreme Court.
13.
Wednesday & Thursday,
62.
Decision to accept the report of the Chairperson on
12–13 July 2006
the draft of the Blueprint of Human Rights Court. The
draft prepared by the Chairperson of Komnas HAM
and the assistant team of the Research and Advocacy
Institute for Court Independency (Lembaga Kajian dan
Avokasi Untuk Independensi Peradilan or LeIP) and
the Centre for the Indonesian Laws and Policies
Studies (Pusat Studi Hukum dan Kebijakan Indonesia
or PSHK) on 30 June 2006 at IASTH Building, Faculty
of Law University of Indonesia, Salemba, should be
distributed to each Commissioner.
63.
Decision to assign the Ahmadiyah Team to complete
its report on the monitoring of Ahmadiyah incidents
and to submit the report at the next Plenary Session.
The Plenary Session will then make a decision on its
acceptance and on the possible extension of the
team or replacement the current team with new one.
64.
With regard to the draft of legislation on anti
pornography and porno-actions, decisions to:
a.
Aefuse the draft of the legislation on anti
pornography and porno-actions;
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b.
Assign Commissioner Hasto Atmojo Surojo,
Commissioner Enny Soeprapto and Commissioner
MM. Billah to formulate the argumentations
regarding Komnas HAM position as mentioned
above according to the inputs from the Plenary
Session;
c.
Assign the Bureau of Administration and
Conference Services to prepare the transcript
on the discussion of the draft of the legislation
on anti pornography and porno-actions to be
submitted to the formulation team. The transcript
will be used as the background to prepare
Komnas HAM position on rejecting the draft of
the legislation on anti pornography and porno-
actions.
14.
Wednesday and Thursday,
65.
Decision to accept the result of the selection of
26–27 July 2006
members of Komnas HAM Representative in West
Kalimantan produced by the Selection Committee of
the Members of Komnas HAM Representative in West
Kalimantan;
66.
Decision to determine the seven names to be
appointed as the new members of Komnas HAM
Representative in West Kalimantan for 2006-2009.
The names are as follows:
a.
According to sequence number, name and
number of vote:
(1) Hairiah, S.H.,MH, 15 votes;
(2) Purwanto, S.H., M.Hum, 14 votes;
(3) Padmi Januarni C., Sos, M.M., 14 votes;
(4) Edi V. Petebang , SP, 14 votes;
(5) Suharsono, Sos., SH, 13 votes;
(6) Ahmad Shidik, S. Sos, 12 votes;
(7) Achmad Husainie, SE., 10 votes.
b.
The selected new members of Komnas HAM
Representative in West Kalimantan should
provide their tax registration number (Nomor
Peserta Wajib Pajak or NPWP) and health record
from the state hospital.
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c.
Decision to not provide additional back-up
candidates for the members of Komnas HAM
Representative in West Kalimantan although the
elected new members do not fulfil the
administrative and helath requirement, or
although the elected new members resign.
67.
With regard to the latest development on Ahmadiyah
case, decisions to assign the Ahmadiyah team:
a)
to prepare the preliminary report in two weeks
time to be discussed in the next Plenary Session,
and
b)
to prepare the final report in one month time to
be discussed in the Plenary Session in the fourth
week of August 2006.
68.
Decision to assign Commissioner Soelistyowati
Sugondo to prepare a written draft on Komnas HAM
position with regard to the latest development of
Ahmadiyah case, and also to prepare a draft of the
letter to the President, the Department of National
Education and the Indonesian Police with regard to
the rehabilitation and protection on the Ahmadiyah
adherents;
69.
Decision to establish the Committee on the
Celebration of International Human Rights Day 10
December 2006, and to assign Commissioner
Zumrotin K Susilo as the chair of the committee,
Commissioner Amidhan, Commissioner M Habib
Chirzin, Commissioner Soelistyowati Sugondo,
Commissioner Chandra Setiawan, Commissioner
Ruswiati Suryasaputra and Commissioner M. Farid
as members of the committee, to prepare the terms
of reference (TOR) containing the theme, objectives,
organizing committee and activities of each Sub-
Commission that will be discussed in the next Plenary
Session in August 2006;
70.
Decision to assign Commissioner Saafroedin Bahar
to prepare the terms of reference (TOR) for the
formulation of Komnas HAM Five Year Report in 2002-
2007 which implementation will use Komnas HAM
budget in 2007;
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71.
Decision to assign each Chairperson of the Sub-
Commission to prepare the terms of reference (TOR)
on the recruitment procedure and requirements of
the candidate for the Commissioners of Komnas HAM
for 2007-2012 to be presented to the Plenary Session
in September 2006;
72.
Decision to assign Commissioner M. Habib Chirzin
and Commissioner Enny Soeprapto to prepare the
draft of the letter to the Secretary General of the
United Nations and the United Nations Human Rights
Council to urge the two international organizations to
investigate the possibility of gross human rights
violations conducted by Israel in Palestine and
Lebanon. The letter should also be submitted to the
five countries which have veto right in the United
Nations (USA, Russia, China, France and the United
Kingdom);
73.
With regard to the result of the study on the draft of
the legislation on Criminal Code, decisions to:
a)
give more time to the Commissioners to study
the final report of the team to be discussed in
the next Plenary Session;
b)
to deepen the analysis of several debated issues
in the draft of the legislation on Criminal Code,
namely, (i) crime on state ideology; (ii) death
penalty; and (iii) protection on the right to
freedom of religion and belief.
74.
Decision to accept the presentation of the evaluation
team on Komnas HAM works (the UBAYA team and
the UGM team) and further evaluation could be
conducted with some inputs from the Plenary Session.
15.
Thursday and Friday,
75.
Decision to accept the preliminary report of the
10–11 August 2006
Ahmadiyah team with some revisions and to assign
Commissioner MM Billah and Commissioner Chandra
Setiawan to:
(a)
Conduct consolidation of the findings in the
standardize form of monitoring reporting;
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(b)
Draft a letter to the Indonesian Police to follow
up the criminal case involving the perpetrators,
destruction, confiscation of property and ill-
treatment of Ahmadiyah adherents in several
regional areas;
(c)
Request formal explanation from central and
local governments on the decree on the
prohibition of Ahmadiyah which was considered
as the trigger to human rights violations;
(d)
Monitor the progress and protection of
Ahmadiyah adherents evacuated by the police,
either those staying at their homes or those
staying in the refugee camps (Transito area);
and
(e)
Submit the final report of the team at the end of
September 2006.
76.
Decision to accept the report of the Chairperson of
Komnas HAM and to assign Commissioner Abdul
Hakim Garuda Nusantara to urge the Supreme Court
to complete the judicial process of Munir case
according to the criminal code law and human rights
principles.
77.
With regard to the implementation of article 91 para
(1) and (2) of the Act No. 39 Year 1999 on Human
Rights, decisions to:
a)
Assign Commissioner Enny Soeprapto to prepare
the draft of the rules of procedure of the
implementation of article 91 para (2);
b)
Use the current inquiry mechanism before the
determination of the new rules of procedure;
and
c)
Prohibit submission of copies to other parties
which might be harmful for Komnas HAM interests
with regard to the submission of
recommendations on human rights violations to
the complainants and/or person(s) being
complained.
78.
Decision to assign Commissioner M. Habib Chirzin to
prepare a position paper on the mandate of Komnas
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HAM to use its authority according to article 89 para
(3) point a of the Act No. 39 Year 1999 on Human
Rights.
79.
Decisions to assign Commissioner M. Habib Chirzin,
komisioner Commissioner M Farid and Commissioner
Hasto Atmojo Surojo to:
a)
Conduct a study on the National Examination
policy from three aspects, namely, the
government, the education industry and the
community; and
b)
Conduct monitoring on the impact of the
implementation of National Examination from
human rights perspective.
80.
To assign Commissioner Koesparmono Irsan to
obtain formal documents on the new Mass Control
Guidelines of the Indonesian Police, and to assign the
Documentation and Information Centre to copy and
distribute the international legal instrument on the use
of firearms, and to further invite the representatives
of the Indonesian Police to present the new guidelines
at the next Plenary Session in September 2006.
81.
Decision to establish a team consisted of
Commissioner Hasto Atmojo Suroyo, Commissioner
M. Habib Chirzin and Commissioner Koesparmono
Irsan to conduct monitoring on the natural disasters
occurred in Yogyakarta and Central Java. The
financial burden for the activities should be provided
from each Commissioner budget. The implementation
of the activities should be coordinated with other
parties.
16.
Wednesday and Thursday,
82.
Decision to allocate time in the Plenary Session to
23–24 August 2006
discuss the conceptual policies of Komnas HAM in
dealing with enforced eviction cases, property cases
and environmental cases as the result of government
policies.
83.
Decision to revise the terms of reference (TOR) of
the “Seminar of the Human Rights Dimension on
Disaster Management” related to the discussion of
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the draft of legislation on disaster management
inisiated by the House of Representatives of the
Republic of Inodnesia. The revision should take into
consideration the Guiding Principles on Internal
Displacement, international human rights instruments,
as well as national legal instruments related to human
rights.
84.
Decision to accept the cooperation instrument of
national human rights institutions in ASEAN and the
next meeting of the national human rights institutions
in ASEAN in November 2006 in Bali to discuss the
area and forms of cooperation for terrorism and
human rights, migrant workers, human trafficking,
human rights education and economic, social and
cultural rights particularly the right to development.
85.
Decision to accept the result of the study on the draft
of the legislation on health and assign Commissioner
Anshari Thayib to revise the result of the study
according to the inputs from the Plenary Session,
and to further discuss the matter with Commissioner
M. Farid, Commissioner Ruswiati Suryasaputra and
Commissioner Samsudin before submission to the
House of Representatives of the Republic of Indonesia.
86.
Decision to assign Commisioner Soelistyowati
Soegondo to draft letters to related judicial institutions
to ensure the submission of cassasion documents on
the Chief of Manggarai Police Resort.
17.
Wednesday and Thursday,
87.
Decision to assign Commissioner Chandra Setiawan
13–14 September 2006
to prepare a position paper on the formulation of
academic paper on the draft of legislation on freedom
of religion and belief.
88.
Decision to assign the Chairperson of Komnas HAM
to invite the former Chief of Central Sulawesi Police
District, Brigadir General Police Oegroseno and Mr.
Mahendradata to discuss matters related to the
implementation of the execution of Tibo cs. and
Amrozi cs.
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89.
Decision to assign Commissioner Samsudin to
prepare a position paper on the meaning of the
balance between rights and obligations which will be
discussed in the next Plenary Session. The aim is to
decide on the implementation of programmes
related to the mentioned subject.
90.
Decision to assign the Chairperson of Komnas HAM
to draft a letter to the Head of Komnas HAM Regional
Office in Maluku with regard to the news in the
newspapers that Komnas HAM will conduct a
mediation between the headquarter of the Indonesian
Police and the Maluku Police District on the death of
Denny Leuwol.
91.
Decision to accept the final report of the study on the
draft of the Criminal Code Law. The Commissioners
will be given the opportunity to give written inputs on
the report. The final draft of the report will take into
consideration the inputs from the Commissioners
before the submission to the House of Representatives
of the Republic of Indonesia.
92.
With regard to complaints and demands of several
non governmental organizations on Poso incidents
on 14 September 2004, decision to assign
Commissioner Zumrotin K. Susilo as the chairperson
of the Monitoring Team on Poso incidents, and
Commissioner Enny Soeprapto and Commissioner
Samsudin as members of the Monitoring Team on
Poso incidents. The team will work until the end of
2006.
93.
Decision to accept the result of the Selection
Committee of the Members of Komnas HAM
Representatives in West Sumatera.
94.
Decision to appoint 5 (five) selected names as the
new members of Komnas HAM Representative in
West Sumatera for the working period of 2006-2009,
namely: (1) Drs. Akmal, M.Si.; (2) Sudarto,S.Ag.; (3)
Lusi Herlina, SP; (4) Rusmazar Ruzuar; and (5) Zaleka
Hg, SH.
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95.
Decision to postpone the discussion on the report of
the study on the legislation on Ombudsman to the
Plenary Session in the next month.
18.
Wednesday and Thursday,
96.
Decision to assign Commissioner M. Farid,
27–28 September 2006
Commissioner Saafroedin Bahar and Commissioner
Lies Sugondo to revise the framework on the
selection committee of the Commissioners of
Komnas HAM for 2007-2012 to be discussed in the
next Plenary Session.
97.
Decision to assign Commissioner Anshari Thayib to
provide complete data on Lapindo case to be
submitted to the next Plenary Session and will be
used as the information to make a press release.
98.
Decision to postpone the discussion on the result of
the Ad Hoc Inquiry Team on Gross Human Rights
Violation in the Enforced Disappearance Incidents in
1997-1998 to the Plenary Session on 11 October
2006.
99.
Decision to assign Commissioner Lies Sugondo to
revise the draft of the Memorandum of Understanding
(MoU), taking into consideration the inputs of the
Commissioners, to be discussed on the next Plenary
Session.
19.
Wednesday and Thursday,
100. With regard to the framework on the selection
11-12 October 2006
committee of the Commissioners of Komnas HAM
for 2007-2012, decisions to:
a)
Refer to the opinon of the House of
Representatives of the Republic of Indonesia and
fatwa of the Supreme Court in the case of
difference of opinion in the interpretation of the
Act No. 39 Year 1999 on Human Rights related
to the working period of Komnas HAM
Commissioner. The results of the inquiry will be
submitted to the House of Representatives of
the Republic of Indonesia without the approval of
the Plenary Session (stating the fact that the
person had become a Commissioner of Komnas
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HAM based on the Presidential Decree No. 50
Year 1993 and the Act No. 39 Year 1999); and
b)
Assign the members of the selection committee
from outside Komnas HAM according to the
voting result. The qualification and requirement
of the members of the selection team will be
discussed in the next Plenary Session.
101. With regard to the final report of the Ad Hoc Inquiry
Team on Gross Human Rights Violations of the
Enforced Disappearance Incidents in 1997–1998,
decisions to:
(a)
Give the opportunity to the Commissioners to
submit inputs or questions for clarification at the
latest two weeks after the present date; and
(b)
Extend the working period of the ad hoc team
for 1 (one) month to revise the report according
to the inputs from the Plenary Session and to be
discussed in the Plenary Session in 8 November
2006.
20.
Wednesday and Thursday,
102. With regard to the voting on the result of the Ad Hoc
08-09 November 2006
Inquiry Team on Gross Human Rights Violations of the
Enforced Disapperance Incidents in 1997-1998, 16
(sixteen) Commissioners agree to the result, 3 (three)
Commissioners agree to the result with some notes,
and 1 (one) Commisioner disagrees with the result
that the gross human rights violations occurred in the
incidents. Decision to further provide opportunity to
the 3 (three) Commissioners who agree with some
notes to give their written inputs at the latest 1 (one)
week from the present date.
103. Decision to determine the qualification and
requirement of the members of the selection
committee of Komnas HAM Commissioners for 2007-
2012 as attached in this decision.
104. Decision to appoint 5 (five) names of the members
of the Selection Committee of the Commissioners of
Komnas HAM for 2007-2012, as follows:
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(a)
Sequence number, name and number of votes:
(1) Soetandyo Wigjosoebroto, 13 votes; (2)
Maria Hartiningsih, 10 votes; (3) Azyurmardi
Azra, 9 votes; (4) Musda Mulia, 9 votes; and (5)
Kemala Chandrakirana, 7 votes on the first
voting and 8 votes on the second voting; and
(b)
Decision to appoint the back-up members in the
case of the appointed members mentioned in
point (a) refuse to be members of the Selection
Committee and/or resign from the Selection
Committee, as follows: (1) Saparinah Sadli, 7
votes on the first voting and 7 votes on the second
voting; (2) Emong Komariah S, 5 votes; (3) Aisyah
Aminy, 4 votes; (4) Fadillah Agus, 2 votes; and
(5) Karlina Supeli, 2 votes.
21.
Wednesday and Thursday,
105. Decision to postpone the formulation of the draft of
13 – 14 December 2006
the Memorandum of Understanding (MoU) between
Komnas HAM and the Supreme Court pending the
responses from the latter.
106. Decision to provide the opportunity to the
Commissioners to study the report of the Ahmadiyah
team and to discuss the matter in the Plenary Session
in January 2007.
107. Decision to postpone the discussion on human rights
violation cases in Nanggroe Aceh Darussalam
occurred before the Helsinki peace agreement to
the next Plenary Session.
108. Decision to postpone the discussion on the incident
happened to Abina Wasanggai, the member of
Representative of Komnas HAM in Papua, until the
completion of written report from Komnas HAM
Representative in Papua.
Annual Report 2006
134 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Appendix 2
PRESS RELEASE
PRESS RELEASE
THE OCCURRENCE OF GROSS HUMAN RIGHTS
THE INDONESIAN NATIONAL
HUMAN REGHTS COMMISSION
VIOLATIONS IN THE ENFORCED DISAPPEARANCE
INCIDENTS IN 1997-1998
CHAIRPERSONS :
Abdul Hakim Garuda Nusantara (081315269523)
Coordination of the implementation of
the plenary sessions conclusion
Zumrotin K. Susilo (08159955744)
Coordination of the implementation of
I.
INTRODUCTION
the plenary sessions conclusion
SUB-COMMISSION OF ECONOMIC, SOCIAL
1.
In the enforced disappearance incidents in 1997-1998, accord-
AND CULTURE RIGHTS
ing to report to Komnas HAM, at least 14 (fourteen) persons had
1. Amidhan (0811172000)
Commissioner for the right of workers
become victims of enforced disappearance whose whereabouts
and right to social security, and the right to work
are unknown to the present-day, namely, Yani Afrie, Sony,
2. Anshari Thayib (08161334934)
Commissioner for the right to health and
Herman Hendrawan, Dedi Hamdun, Noval Alkatiri, Ismail,
environment
3. M. Habib Chirizin (081314438848)
Suyat, Petrus Bima Anugrah, Wiji Thukul, Ucok Munandar
Commissioner for the rights to education,
science and technology
Siahaan, Hendra Hambali, Yadin Muhidin and Abdun Naser.
4. Saafroedin Bahar (0811147621)
Commissioner for the right of adat law community
2.
Meanwhile, on the enforced disappearance incidents of pro-de-
5. Achmad Ali (08129543272)
Commissioner for the right to property
mocracy activities who had been released, at least 10 (ten)
SUB-COMMISSION OF CIVIL AND POLITICAL RIGHTS
persons had become the victims, namely, Mugiyanto, Aan
1. Soelistyowati Sugondo (0816811215)
Rusdianto, Nezar Patria, Faisol Riza, Raharja Waluyo Jati,
Commissioner for the right to justice
Haryanto Taslam, Andi Arief, Pius Lustrilanang, Desmond
2. M. Said Nisar (0817881488)
Commissioner for the right of citizen
J. Mahesa and “St”.
3. Samsudin (0818175165)
Commissioner for the right to life
4. Enny Soeprapto (08159312671)
3.
Returned victims and the families of un-returning victims of en-
Commissioner for the right to personal safety
forced disappearance in 1997-1998 have yet received proper
5. Chandra Setiawan (0816970795)
Commissioner for the right to personal freedom
attention from the Government with regard to the investigation of
6. Hasto Atmojo Suroyo (08159003996)
Commissioner for the right to personal development
these cases. Therefore, as one of the effort to solve the matter,
7. MM. Billah (021-8463763)
they placed complaints to the National Human Rights Commis-
Commissioner for political right
sion of Indonesia (Komnas HAM).
SUB-COMMISSION OF SPECIAL GROUPS PROTECTION
1. Ruswiati Suryasaputra (0818328585)
Commissioner for the protection of the rights of women
4.
As a response to the complaints, Komnas HAM had established
2. M. Farid (0816746753)
the Research Team on Enforced Disappearance Incidents in
Commissioner for the protection of the rights of children
3. Djoko Soegianto (021-7994967)
1997-1998 according to its mandate based on the Act No. 39
Commissioner for the protection of the rights
Year 1999 on Human Rights. Based on the report of the Re-
of elderly and disabled persons
4. Koesparmono Irsan (08128478451)
search Team, Komnas HAM then continued with a projustitia in-
Commissioner for the protection of the rights
of IDPs and the poor
quiry of the incidents with the establishment of an ad hoc team
5. Hasballah M. Saad (0811990560)
according to Komnas HAM mandate given by the Act No. 26 Year
Commissioner for the protection of the rights
of migrant workers and peasants
2000 on Human Rights Court.
6. Taheri Noor (08164804404)
Commissioner for the protection of the rights
of minorities and adat law community
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 135
Appendix 2
PRESS RELEASE
5.
The Inquiry ad hoc Team on Gross Human Rights Violations in
Enforced Disappearance Incidents in 1997-1998 had worked
since 1 October 2005 until 30 October 2006. The ad hoc Team
had interviewed 77 (seventy seven) witnesses, consisted of 58
(fifty eight) victims or family of the victims, 18 active or retired
members of the Indonesian Police, and 1 (one) retired member
of the Indonesian National Military (TNI). Moreover, the ad hoc
Team also conducted 16 (sixteen) site-visits to the crime loca-
tions.
6.
In conducting its work, the ad hoc Team had faced several ob-
stacles, among others:
a).
The refusal and unwillingness of several victims to answer to
Komnas HAM request to become witnesses to the inquiry of en-
forced disappearance incidents in 1997-1998.
b).
The postponement of the designed schedule of the inquiry with
regard to the interviews of several active and retired members
of the Indonesian Police, although eventually all of them came to
give their testimonies.
c).
The refusal of the Indonesian National Military (TNI).
The legal advisors of the Indonesian National Military (TNI) re-
fused to make the personnel of the Indonesian National Military
(TNI) attend the summon of the team with the argument based on
article 18 paragraph (1) and paragraph (2) and also article 19
paragraph (1) of the Act No. 26 Year 2000 on Human Rights
Court that the establishment of the ad hoc team by Komnas HAM
was for the inquiry of gross human rights violations which oc-
curred after the enactment of the Act No. 26 Year 2000 on
Human Rights Court. They also argued that according to article
32 paragraph (2) of the Act No. 26 Year 2000 on Human Rights
Court, Komnas HAM does not automatically has the authority to
conduct a projustitia inquiry. Komnas HAM could only conduct the
projustitia inquiry after the establishment of an ad hoc human
rights court through a presidential decree on the recommenda-
tion of the House of Representatives.
d).
The refusal of the Attorney General
Komnas HAM had sent a letter to the Attorney General on the
inquiry. Komnas HAM also had sent letters with regard to request
to conduct site visit on the detention places and request to call
on experts. The Attorney General response was that the enforced
disappearance incidents in 1997-1998 occurred before the en-
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
136 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Appendix 2
PRESS RELEASE
actment of the Act No. 26 Year 2000 on Human Rights Court,
therefore, the House of Representative should first recommend
the establishment of an ad hoc Human Right Court. Thus, the
Attorney General refused to follow-up Komnas HAM’s requests.
e).
The refusal of the Chair of the Central Jakarta District Court to
authorize Komnas HAM to use its sub-poena power for several
witnesses who refused to answer to Komnas HAM summons.
II.
FINDINGS
7.
In its inquiry, the ad hoc Team received testimonials on the oc-
currence of acts as follows:
( a ) Murder;
(b) Arbitrary deprivation of freedom or other physical liberty;
(c) Torture;
(d) Ill-treatment; and
(e) Enforced disappearance.
8.
The number of victims of the acts mentioned above is as follows:
( a ) Murder 1 person;
(b) Arbitrary deprivation of freedom or other physical liberty 19
persons;
(c) Torture 11 persons;
(d) Ill-treatment 12 persons;
(e) Enforced disappearance 23 persons.
III.
LEGAL ANALYSIS AND CONCLUSIONS
9.
A legal analysis had been conducted on the type of acts men-
tioned above in order to determine:
( a ) Whether the acts fulfil the requirement of the elements of
criminal acts; and, afterwards
(b) Whether the criminal acts also fulfil the requirements of the
elements of gross human rights violations as governed in the
Act No. 26 Year 2000 on Human Rights Court, particularly
crimes against humanity.
10.
The legal analysis concluded that the acts of murder, arbitrary
deprivation of freedom or other physical liberty, torture, ill-treat-
ment and enforced disappearance experienced by the victims
fulfil the requirement of the elements categorized as gross hu-
man rights violations, particularly crimes against humanity.
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 137
Appendix 2
PRESS RELEASE
IV.
UN-RETURNED VICTIMS WHOSE WHEREABOUTS ARE
UNKNOWN
11.
From the inquiry, there are 13 (thirteen) victims whose where-
abouts are unknown. These people had become victims of the
acts as follows:
( a ) Murder;
(b) Arbitrary deprivation of freedom or other physical liberty;
(c) Torture;
(d) Ill-treatment; and
(e) Enforced disappearance.
12.
These acts mentioned above are acts of gross human rights
violations, particularly crimes against humanity.
V.
CONCLUSIONS AND FOLLOW-UP
13.
The conclusions of the whole inquiry, including the legal analysis
conducted by Komnas HAM, are as follows:
( a ) The ad hoc Team found substantial preliminary evidence of
the occurrence of gross human rights violation of the en-
forced disappearance incidents in 1997-1998;
(b) According to article 20 paragraph (1) and paragraph (2) of
the Act No. 26 Year 2000 on Human Rights Court, Komnas
HAM follow-up to the inquiry are as follows:
(i) Submission of the conclusion of the inquiry as mentioned
above to the investigator, in this regard the Attorney Ge-
neral;
(ii) In 7 (seven) days, submission of the whole result of the
inquiry to the investigator, in this regard the Attorney Ge-
neral, to be follow-up with investigation.
Jakarta, 10 November 2006
The National Human Rights Commission of Indonesia
Chairperson
Abdul Hakim Garuda Nusantara
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
138 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Appendix 2
PRESS RELEASE
THE INDONESIAN NATIONAL HUMAN RIGHTS COMMISSION
ANNUAL STATEMENT
THE INDONESIAN NATIONAL
HUMAN REGHTS COMMISSION
HUMAN RIGHTS CONDITION IN 2006
CHAIRPERSONS :
Abdul Hakim Garuda Nusantara (081315269523)
Coordination of the implementation of
The year 2006 will end and the year 2007 will begin. Towards the end
the plenary sessions conclusion
of the year, on the celebration of International Human Rights Day on 10
Zumrotin K. Susilo (08159955744)
Coordination of the implementation of
December 2006, it is imperative for Komnas HAM to make notes on
the plenary sessions conclusion
achievements as well as failures of the implementation, protection
SUB-COMMISSION OF ECONOMIC, SOCIAL
and enforcement of human rights in 2006.
AND CULTURE RIGHTS
1. Amidhan (0811172000)
According to the Law No. 39 Year 1999, Komnas HAM aims to:
Commissioner for the right of workers
and right to social security, and the right to work
a.
develop conditions conducive to the implementation of human
2. Anshari Thayib (08161334934)
Commissioner for the right to health and
rights in accordance with Pancasila, the 1945 Constitution, the
environment
United Nations Charter and the Universal Declaration of Human
3. M. Habib Chirizin (081314438848)
Commissioner for the rights to education,
Rights;
science and technology
4. Saafroedin Bahar (0811147621)
Commissioner for the right of adat law community
b.
enhance the protection and upholding of human rights for the
5. Achmad Ali (08129543272)
personal development of Indonesians as human beings in their
Commissioner for the right to property
entirety and their ability to participate in various aspects of life.
SUB-COMMISSION OF CIVIL AND POLITICAL RIGHTS
1. Soelistyowati Sugondo (0816811215)
Commissioner for the right to justice
As stated in Komnas HAM Annual Report of 2005, the year 2005 was
2. M. Said Nisar (0817881488)
considered as new starting point for the improvement of human rights
Commissioner for the right of citizen
promotion in Indonesia with the ratification of the International Cove-
3. Samsudin (0818175165)
Commissioner for the right to life
nant on Economic, Social and Cultural Rights (1966) and the Interna-
4. Enny Soeprapto (08159312671)
Commissioner for the right to personal safety
tional Covenant on Civil and Political Rights (1966), both as the princi-
5. Chandra Setiawan (0816970795)
pal international human rights instruments for the promotion and pro-
Commissioner for the right to personal freedom
tection of human rights all around the world. However, looking at the
6. Hasto Atmojo Suroyo (08159003996)
Commissioner for the right to personal development
human rights condition in Indonesia in 2005 and during the eleven
7. MM. Billah (021-8463763)
Commissioner for political right
months of 2006, the conditions conducive to the implementation of
human rights has not yet materialized. These could be seen, among
SUB-COMMISSION OF SPECIAL GROUPS PROTECTION
1. Ruswiati Suryasaputra (0818328585)
others, in the conditions as described below.
Commissioner for the protection of the rights of women
2. M. Farid (0816746753)
Commissioner for the protection of the rights of children
I.
On the completion of gross human rights violation cases.
3. Djoko Soegianto (021-7994967)
Commissioner for the protection of the rights
( a ) Several cases of gross human rights violations have not yet
of elderly and disabled persons
investigated, even though the inquiries of those cases had
4. Koesparmono Irsan (08128478451)
Commissioner for the protection of the rights
been completed by Komnas HAM (Trisakti 1998 case, Se-
of IDPs and the poor
5. Hasballah M. Saad (0811990560)
manggi 1998 and Semanggi 1999 cases [TSS], May Riot
Commissioner for the protection of the rights
of migrant workers and peasants
1998 case, Wasior 2001-2002 case, and Wamena 2003
6. Taheri Noor (08164804404)
case).
Commissioner for the protection of the rights
of minorities and adat law community
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 139
Appendix 2
PRESS RELEASE
(b) Some members of state apparatus still refused to cooperate
with the inquirer with regard to projustitia inquiry on the as-
sumption of gross human rights violations, notably the case
of force disapperance in the context of crimes against hu-
manity.
II.
On the implementation and fulfilment of economic, social
and cultural rights.
( a ) The increasing numbers of unemployment has shown the un-
fulfilment of the right to work of millions of people.
(b) The suffering of the people in several regions because of
busung lapar has shown the un-fulfilment of their rights to
food and health care.
III.
The mudflow disaster which covered wide areas and caused
displacement of people as well as lost of jobs is considered
as violations to the people’s right to means of living as well
as the right to healthy and good environment on the imple-
mentation and protection of civil and political rights.
( a ) Act of violence and even bloodshed often occurred when
the people execute their freedom of speech in the public
forum.
(b) Act of violence conducted by not only state apparatus but
also radical groups of the community often occurred. These
were violations of the right to personal safety, protection,
honour and dignity.
(c) Disturbance of the right to personal freedom, such as free-
dom to worship according to the people’s religion and be-
lieve has occurred, such as experienced by the adherents
of Ahmadiyah.
(d) Continuous discrimination towards the adherents of particu-
lar religions to worship according to their religion or belief
through the Joint Ministerial Decree between Ministry of Re-
ligious Affairs and Ministry of State Affairs No. 9 Year 2006
/ No. 8 Year 2006 on the Implementation Guidelines for
Regional Leaders / Vice Regional Leaders in Maintaining the
Harmony of Religious Adherents, Empowering Harmonious
Religious Adherent Forum and Establishment of Holy Places.
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
140 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Appendix 2
PRESS RELEASE
Moreover, consideration should also be given to particular issues,
such as:
1.
The failure to follow-up the implementation of international human
rights instruments ratified by Indonesia at national level.
2.
The failure of Munir’s case disclosure through an appropriate
investigation in accordance with the decision of Central Jakarta
District Court which stated the involvement of other parties in the
murder case of Munir.
With regard to the matters mentioned above, the State which holds the
main responsibility in the effort to protect, promote, enforce and fulfil
human rights should carry out its obligations seriously. Only with seri-
ous efforts, that respect for human rights, which has become the
interest of the Indonesian people as well as the obligation of each
nation in the world in accordance with each scope and authority, will be
achieved. It is our duty to move forward and walk in concert in achieve
these goals.
We should also remember that the attention of the international com-
munity towards the protection, promotion, enforcement and fulfillment
of human rights in Indonesia would increase with the implementation of
a universal periodic review by the Human Rights Council, a United
Nations body replacing the Human Rights Commission, where Indone-
sia has a one year period membership.
Jakarta, 10 December 2006
The Indonesian National Human Rights Commission
Chairperson
Abdul Hakim Garuda Nusantara
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 141
Appendix 3
LETTERS TO THE PRESIDENT OF THE REPUBLIC OF INDONESIA
LETTERS TO THE PRESIDENT OF
THE REPUBLIC OF INDONESIA
THE INDONESIA N NATIONAL
HUMAN REGHTS COMMISSION
Jakarta, 27 February 2006
CHAIRPERSONS :
No.
:
090/TUA/II/2006
Abdul Hakim Garuda Nusantara (081315269523)
Coordination of the implementation of
Attachment :
—
the plenary sessions conclusion
Zumrotin K. Susilo (08159955744)
Subject
:
Public Service for the Adherents of Religion and
Coordination of the implementation of
the plenary sessions conclusion
and Belief in Indonesia
SUB-COMMISSION OF ECONOMIC, SOCIAL
His Excelency
AND CULTURE RIGHTS
The President of the Republic of Indonesia
1. Amidhan (0811172000)
Commissioner for the right of workers
and right to social security, and the right to work
2. Anshari Thayib (08161334934)
Commissioner for the right to health and
environment
Komnas HAM welcomes the affirmation from the President of the
3. M. Habib Chirizin (081314438848)
Republic of Indonesia in his opening speech at the Celebration of
Commissioner for the rights to education,
science and technology
Chinese New Year 2557 in Jakarta on 8 February 2006. In his speech
4. Saafroedin Bahar (0811147621)
the President affirmed that “In our country, we do not recognize the
Commissioner for the right of adat law community
5. Achmad Ali (08129543272)
terms ‘acknowledged religion’ and ‘renounced religion’ by the State.
Commissioner for the right to property
The basic principle of our Constitution is that the State guarantees
SUB-COMMISSION OF CIVIL AND POLITICAL RIGHTS
the freedom of each citizen to choose his/her own religion and to
1. Soelistyowati Sugondo (0816811215)
worship according to his/her own religion or belief. The State would
Commissioner for the right to justice
2. M. Said Nisar (0817881488)
not intervere in the teaching of one religion since this act is beyond
Commissioner for the right of citizen
the obligation and mandate of the State. The obligations of the
3. Samsudin (0818175165)
Commissioner for the right to life
State are to provide protection, public services and assistance in
4. Enny Soeprapto (08159312671)
the development and preservation of the means of its observance
Commissioner for the right to personal safety
5. Chandra Setiawan (0816970795)
of religious duties, as well as to urge religious adherents to become
Commissioner for the right to personal freedom
better believers.”
6. Hasto Atmojo Suroyo (08159003996)
Commissioner for the right to personal development
7. MM. Billah (021-8463763)
The President affirmation should be implemented in the operational
Commissioner for political right
level, starting with the restructurization of the Department of Reli-
SUB-COMMISSION OF SPECIAL GROUPS PROTECTION
gious Affairs which, to the present time, serves only five religions,
1. Ruswiati Suryasaputra (0818328585)
Commissioner for the protection of the rights of women
namely, Islam, Christian, Catholic, Hindu and Buddha. Therefore,
2. M. Farid (0816746753)
Komnas HAM requests the President of the Republic of Indonesia to
Commissioner for the protection of the rights of children
3. Djoko Soegianto (021-7994967)
review the previous Presidential Decress which administrate the
Commissioner for the protection of the rights
of elderly and disabled persons
position, obligations, functions, organizational structure and working
4. Koesparmono Irsan (08128478451)
mechanism of vertical institutions within the Department of Religious
Commissioner for the protection of the rights
of IDPs and the poor
Affairs to enable the Department to provide services for other reli-
5. Hasballah M. Saad (0811990560)
gions as well as adherents of believes apart from the five recog-
Commissioner for the protection of the rights
of migrant workers and peasants
nized religions.
6. Taheri Noor (08164804404)
Commissioner for the protection of the rights
of minorities and adat law community
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
142 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Appendix 3
LETTERS TO THE PRESIDENT OF THE REPUBLIC OF INDONESIA
According to Komnas HAM monitoring, the Department of State Af-
fairs (in this case the Population and Civil Registration Agency) only
provides services to the five religions mentioned above (Islam, Chris-
tian, Catholic, Hindu and Buddha) with regard to the inclusion of reli-
gion in the identity card (Kartu Tanda Penduduk or KTP) and Family
Registration or Household Card (Kartu Keluarga or KK) as well as civil
registration in the Civil Registration Office (Kantor Catatan Sipil) which
only provides marriage licence services for four religion couples (Chris-
tian, Catholic, Hindu and Buddha). The argument is that because the
Department of Religious Affairs only serves the five religions as men-
tioned above. On 24 January 2006, as stated by the President, the
Minister of Religious Affairs had sent a letter to the Minister of State
Affairs which affirmed that the Department of Religious Affairs “is also
providing services to the Confucious adherent”.
However, according to reports to Komnas HAM, the Civil Registration
Office in the regions have yet consented the registration of marriage
of Confuciuos couples because of the non-existence of instruction from
the Department of State Affairs. Therefore, Komnas HAM requests a
clear and good coordination between ministries or departments un-
der the President as well as regional government institutions in the
implementation of the policy of the President which is in line with the
1945 Constitution as well as the Act No. 39 Year 1999 on Human
Rights.
With this, we look ahead to the fulfilment of the civil rights of Indonesian
citizens, especially the adherents of particular religion or belief in
Indonesia.
Thank you for your attention.
The National Human Rights Commission of Indonesia
Chairperson
Abdul Hakim Garuda Nusantara
CC.:
1. Minister of Religious Affairs of the Republic of Indonesia.
2. Minister of State Affairs of the Republic of Indonesia.
3. Minister of the Empowerment of State Apparatus of the Republic
of Indonesia.
4. Archieve.
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 143
Appendix 3
LETTERS TO THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Jakarta, 13 March 2006
No.
: 120/TUA/III/2006
Attachment : 1 (one) bundle
THE INDONESIA N NATIONAL
HUMAN REGHTS COMMISSION
Subject
: The Establishment of an ad hoc Human Rights Court
CHAIRPERSONS :
The Chairperson
Abdul Hakim Garuda Nusantara (081315269523)
The House of Representatives of the Republic of Indonesia
Coordination of the implementation of
the plenary sessions conclusion
Zumrotin K. Susilo (08159955744)
Coordination of the implementation of
the plenary sessions conclusion
The trial process of the assumption of gross human rights violations in
SUB-COMMISSION OF ECONOMIC, SOCIAL
Tanjung Priok 1984 incidents and East Timor 1999 incidents had been
AND CULTURE RIGHTS
1. Amidhan (0811172000)
completed through ad hoc human rights courts since the two cases
Commissioner for the right of workers
and right to social security, and the right to work
occurred before the enactment of the Act No. 26 Year 2000 on Human
2. Anshari Thayib (08161334934)
Rights Court. The National Human Rights Commission of Indonesia
Commissioner for the right to health and
environment
(Komnas HAM) had completed the inquiry on the incidents according
3. M. Habib Chirizin (081314438848)
to its mandate based on the Act No. 26 Year 2000 on Human Rights
Commissioner for the rights to education,
science and technology
Court.
4. Saafroedin Bahar (0811147621)
Commissioner for the right of adat law community
5. Achmad Ali (08129543272)
Komnas HAM also had completed two other incidents assumed of
Commissioner for the right to property
gross human rights violations which occurences happened after the
SUB-COMMISSION OF CIVIL AND POLITICAL RIGHTS
enactment of the Act No. 26 Year 2000 on Human Rights Court. These
1. Soelistyowati Sugondo (0816811215)
Commissioner for the right to justice
two incidents had also been tried in human rights courts established by
2. M. Said Nisar (0817881488)
the mentioned Act.
Commissioner for the right of citizen
3. Samsudin (0818175165)
Commissioner for the right to life
With regard to this matter, we would like to request the House of
4. Enny Soeprapto (08159312671)
Commissioner for the right to personal safety
Representatives attention on other assumed gross human rights viola-
5. Chandra Setiawan (0816970795)
tions which inquiries have been completed by Komnas HAM according
Commissioner for the right to personal freedom
to its mandate based on the Act No. 26 Year 2000 on Human Rights
6. Hasto Atmojo Suroyo (08159003996)
Commissioner for the right to personal development
Court. The reports of these inquiries have been submitted to the Attor-
7. MM. Billah (021-8463763)
Commissioner for political right
ney General office to be followed-up with investigation. However, thus
far, the Attorney General has yet begun the investigation process of
SUB-COMMISSION OF SPECIAL GROUPS PROTECTION
these incidents. Some of the incidents mentioned occurred before the
1. Ruswiati Suryasaputra (0818328585)
Commissioner for the protection of the rights of women
enactment of the Act No. 26 Year 2000 on Human Rights Court which
2. M. Farid (0816746753)
Commissioner for the protection of the rights of children
required ad hoc human rights courts at the end of its judicial process,
3. Djoko Soegianto (021-7994967)
while the other occurred after the enactment of the Act No. 26 Year
Commissioner for the protection of the rights
of elderly and disabled persons
2000 on Human Rights Court which required a human rights court at
4. Koesparmono Irsan (08128478451)
the end of its judicial process. These incidents are as follows:
Commissioner for the protection of the rights
of IDPs and the poor
5. Hasballah M. Saad (0811990560)
Commissioner for the protection of the rights
of migrant workers and peasants
6. Taheri Noor (08164804404)
Commissioner for the protection of the rights
of minorities and adat law community
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
144 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Appendix 3
LETTERS TO THE PRESIDENT OF THE REPUBLIC OF INDONESIA
NO.
INCIDENTS
DATED OF SUBMISSION OF
TYPE OF HUMAN
REPORTS TO
RIGHTS COURTS
THE ATTORNEY GENERAL
REQUIRED
1.
Trisakti 1998,
25 April 2002
Ad hoc Human
Semanggi (I) 1998
Rights Court
and Semanggi (II) 1999
2.
May Riot 1998
19 September 2003
Ad hoc Human
Rights Court
3.
Wasior 2001-2002
and Wamena 2003
3 September 2004
Human Rights Court
According to article 43 paragraph (2) of the Act No. 26 Year 2000 on
Human Rights Court, of an ad hoc human rights court should be estab-
lished through a Presidential Decree on the recommendation of the
House of Representatives of the Republic of Indonesia. Therefore, in
order to provide justice for the victims of the first and second inci-
dents mentioned above, we request the House of Representatives to
immediately recommend the President to establish ad hoc human
rights courts for Trisakti 1998, Semanggi (I) 1998 and Semanggi (II)
1999 as well as May Riot 1998 incidents, with considerations as fol-
lows:
(i)
The inquires of the incidents mentioned above had been com-
pleted by Komnas HAM for a long time;
(ii)
The result of the inquiries concluded that gross human rights
violations occurred in the incidents mentioned above.
To be used wisely, we attach the Executive Summary of the Report of
the Investigation Commission of Human Rights Violations in Trisakti,
Semanggi I and Semanggi II Incidents; the Executive Summary of the
Investigation of Gross Human Rights Violations in the May Riot 1998
Incidents; and the Executive Summary of the Investigation Result of the
Ad Hoc Investigation Team of Gross Human Rights Violations in Papua.
Thank you for your attention.
The National Human Rights Commission of Indonesia
Chairperson
Abdul Hakim Garuda Nusantara
CC.:
1. The President of the Republic of Indonesia.
2. Archieve.
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 145
Appendix 3
LETTERS TO THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Jakarta, 22 March 2006
No.
:
128/TUA/III/2006
Attachment :
1 (one) bundle
THE INDONESIA N NATIONAL
HUMAN REGHTS COMMISSION
Subject
:
Settlement of error in persona case of
Mr.Eddy Tanumiharja
CHAIRPERSONS :
Abdul Hakim Garuda Nusantara (081315269523)
His Excelency
Coordination of the implementation of
the plenary sessions conclusion
The President of the Republic of Indonesia
Zumrotin K. Susilo (08159955744)
Coordination of the implementation of
the plenary sessions conclusion
We would like to inform you that in line with the functions and mandates
SUB-COMMISSION OF ECONOMIC, SOCIAL
AND CULTURE RIGHTS
of the National Human Rights Commission of Indonesia (Komnas HAM)
1. Amidhan (0811172000)
Commissioner for the right of workers
as stated in the Act No. 39 Year 1999 on Human Rights, Komnas HAM
and right to social security, and the right to work
had received a complaint from Mr. Eddy Tanumihardja (Tan Eng Hong),
2. Anshari Thayib (08161334934)
Commissioner for the right to health and
age 74 years old, retired from the House of Representatives of the
environment
Republic of Indonesia for the period of 1956-1959.
3. M. Habib Chirizin (081314438848)
Commissioner for the rights to education,
science and technology
The complaint was related to an error in persona case with regard to
4. Saafroedin Bahar (0811147621)
Commissioner for the right of adat law community
the decision of the Cianjur Economic Court (presently, Cianjur District
5. Achmad Ali (08129543272)
Commissioner for the right to property
Court) No. 1/PE/1965 dated 15 April 1965 that resulted in the confis-
cation of Mr. Tanumihardja properties.
SUB-COMMISSION OF CIVIL AND POLITICAL RIGHTS
1. Soelistyowati Sugondo (0816811215)
Commissioner for the right to justice
In the struggle for justice on the case, Mr Tanumihardja had put his
2. M. Said Nisar (0817881488)
Commissioner for the right of citizen
complaints to Komnas HAM as well as other state institutions, such as
3. Samsudin (0818175165)
the Supreme Advisory Council, the Supreme Court, the House of Rep-
Commissioner for the right to life
4. Enny Soeprapto (08159312671)
resentatives, the State Ministry of Human Rights, the Attorney General
Commissioner for the right to personal safety
and the Ministry of Justice and Human Rights.
5. Chandra Setiawan (0816970795)
Commissioner for the right to personal freedom
6. Hasto Atmojo Suroyo (08159003996)
The struggle for justice on the case had also received responses from
Commissioner for the right to personal development
7. MM. Billah (021-8463763)
some state institutions, whereas in that regard, the President of the
Commissioner for political right
Republic of Indonesia had published a Presidential Decree No. 71 Year
SUB-COMMISSION OF SPECIAL GROUPS PROTECTION
2002 dated 15 October 2002 which stated that Mr. Tanumihardja and
1. Ruswiati Suryasaputra (0818328585)
his wife should received compensation in the value of the confiscated
Commissioner for the protection of the rights of women
2. M. Farid (0816746753)
properties. The implementation of the Decree should be conducted
Commissioner for the protection of the rights of children
by the Ministry of Finance.
3. Djoko Soegianto (021-7994967)
Commissioner for the protection of the rights
of elderly and disabled persons
As a follow up of the Presidential Decree as mentioned above, the
4. Koesparmono Irsan (08128478451)
Commissioner for the protection of the rights
Ministry of Finance had published the Ministry of Finance Decree No.
of IDPs and the poor
5. Hasballah M. Saad (0811990560)
362/KMK.01/2003 dated 21 August 2003 on the Establishment of
Commissioner for the protection of the rights
Coordinating Team on the Implementation of the Presidential Decree
of migrant workers and peasants
6. Taheri Noor (08164804404)
No. 71 Year 2002 dated 15 October 2002.
Commissioner for the protection of the rights
of minorities and adat law community
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
146 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Appendix 3
LETTERS TO THE PRESIDENT OF THE REPUBLIC OF INDONESIA
However, even with the Presidential Decree, any settlement regarding
the case has yet been fulfiled to this present day. Hence, Mr.
Tanumihardja put forward his complaint to Komnas HAM and hoped
that Komnas HAM could assist him in attaining his rights.
With regard to the matter above, Komnas HAM requests the President
of the Republic of Indonesia to instruct the Ministry of Finance to settle
the matter as stated in the Presidential Decree No. 71 Year 2002.
Thank you for your assistance and cooperation.
The National Human Rights Commission of Indonesia
Chairperson
Abdul Hakim Garuda Nusantara
CC.:
1. Chairpersons of the House of Representative of
the Republic of Indonesia.
2. The Chairperson of the Supreme Court of
the Republic of Indonesia.
3. The Attorney General of the Republic of Indonesia.
4. The Minister of Law and Human Rights of the Republic of Indonesia
5. The Minister of Finance of the Republic of Indonesia.
6. Mr. Eddy Tanumihardja
Jl. Gading Molek VII, Blok W2 No. 1-2
Kelapa Gading, Jakarta Utara.
7. Archieve.
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 147
Appendix 3
LETTERS TO THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Jakarta, 27 July 2006
No.
: 306C/TUA/VII/2006
THE INDONESIA N NATIONAL
Attachment : —
HUMAN REGHTS COMMISSION
Subject
: Request for Protection for Ahmadiyah Adherents
CHAIRPERSONS :
Abdul Hakim Garuda Nusantara (081315269523)
Coordination of the implementation of
His Excelency
the plenary sessions conclusion
Zumrotin K. Susilo (08159955744)
The President of the Republic of Indonesia
Coordination of the implementation of
the plenary sessions conclusion
SUB-COMMISSION OF ECONOMIC, SOCIAL
Recent incidents have shown that the right to life and the right to
AND CULTURE RIGHTS
1. Amidhan (0811172000)
freedom of religion and belief have yet received full protection from
Commissioner for the right of workers
and right to social security, and the right to work
the State/Government of the Republic of Indonesia as governed by
2. Anshari Thayib (08161334934)
article 71 and article 72 of the Act No. 39 Year 1999 on Human Rights.
Commissioner for the right to health and
environment
3. M. Habib Chirizin (081314438848)
Commissioner for the rights to education,
These incidents were, among others, attack of Mubarok Campus in
science and technology
Parung – Bogor, Cianjur – West Java, Bulukumpa and Jeneponto –
4. Saafroedin Bahar (0811147621)
Commissioner for the right of adat law community
South Sulawesi, Central Lombok, and last one in West Lombok. These
5. Achmad Ali (08129543272)
Commissioner for the right to property
incidents in several areas were attacks conducted by the local people
SUB-COMMISSION OF CIVIL AND POLITICAL RIGHTS
towards the members of their own community. Currently, the Ahmadiyah
1. Soelistyowati Sugondo (0816811215)
adherents in West Lombok (they used to work as farmers) are forced
Commissioner for the right to justice
2. M. Said Nisar (0817881488)
to stay in the refugees’ camp in Transito – Mataram.
Commissioner for the right of citizen
3. Samsudin (0818175165)
Commissioner for the right to life
They are placed in Transito because the West Lombok Ahmadiyah
4. Enny Soeprapto (08159312671)
Commissioner for the right to personal safety
adherents are afraid to come back to their homes. As the results, they
5. Chandra Setiawan (0816970795)
could not go back to their jobs as farmers in order to support their own
Commissioner for the right to personal freedom
6. Hasto Atmojo Suroyo (08159003996)
lives. Moreover, their children could not continue their education.
Commissioner for the right to personal development
7. MM. Billah (021-8463763)
Commissioner for political right
Therefore, Komnas HAM demands that the Government should pro-
SUB-COMMISSION OF SPECIAL GROUPS PROTECTION
vide full safety protection for Ahmadiyah adherents di the region and in
1. Ruswiati Suryasaputra (0818328585)
Commissioner for the protection of the rights of women
Indonesia as a whole. Thus, they could continue their living as farmers.
2. M. Farid (0816746753)
Moreover, their children could continue their study.
Commissioner for the protection of the rights of children
3. Djoko Soegianto (021-7994967)
Commissioner for the protection of the rights
of elderly and disabled persons
4. Koesparmono Irsan (08128478451)
Commissioner for the protection of the rights
of IDPs and the poor
5. Hasballah M. Saad (0811990560)
Commissioner for the protection of the rights
of migrant workers and peasants
6. Taheri Noor (08164804404)
Commissioner for the protection of the rights
of minorities and adat law community
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
148 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Appendix 3
LETTERS TO THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Thank you for your attention.
The National Human Rights Commission of Indonesia
Chairperson
Abdul Hakim Garuda Nusantara
CC.:
1. Ministry of State Affairs
Jalan Medan Merdeka Utara No. 7, Jakarta Pusat.
2. Ministry of Religious Affairs
Jalan Lapangan Banteng Barat No. 3-4, Jakarta Pusat.
3. Ministry of National Education
Jalan Jend. Sudirman, Senayan, Jakarta Selatan.
4. Complaint Handling Unit of Komnas HAM.
5. Archieve.
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 149
Appendix 3
LETTERS TO THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Jakarta, 6 November 2006
No.
: 394/TUA/IX/2006
Attachment : —
THE INDONESIA N NATIONAL
HUMAN REGHTS COMMISSION
Subject
: Human Rights Problems Faced by Indonesia at Present
Time and in the Near Future / Request for Audiency
CHAIRPERSONS :
Abdul Hakim Garuda Nusantara (081315269523)
His Excelency
Coordination of the implementation of
the plenary sessions conclusion
The President of the Republic of Indonesia
Zumrotin K. Susilo (08159955744)
Coordination of the implementation of
the plenary sessions conclusion
As mentioned in the Annual Report of the National Human Rights Com-
SUB-COMMISSION OF ECONOMIC, SOCIAL
AND CULTURE RIGHTS
mission of Indonesia (Komnas HAM) 2005, the year 2005 was consid-
1. Amidhan (0811172000)
Commissioner for the right of workers
ered as the new breaking point of human rights development in Indone-
and right to social security, and the right to work
sia with the ratification of the International Covenant on Economic,
2. Anshari Thayib (08161334934)
Commissioner for the right to health and
Social and Cultural Rights (ICESCR), 1996 and the International Cov-
environment
enant on Civil and Political Rights (ICCPR), 1966. Both of these instru-
3. M. Habib Chirizin (081314438848)
Commissioner for the rights to education,
ments are considered as the international human rights Bills of Rights
science and technology
for the promotion and protection of human rights in the world.
4. Saafroedin Bahar (0811147621)
Commissioner for the right of adat law community
5. Achmad Ali (08129543272)
Commissioner for the right to property
However, looking at human rights condition in Indonesia in 2005 and in
the eight months of 2006, conditions conducive for the implementation
SUB-COMMISSION OF CIVIL AND POLITICAL RIGHTS
1. Soelistyowati Sugondo (0816811215)
of human rights in Indonesia have yet been fulfilled. These conditions
Commissioner for the right to justice
are among others:
2. M. Said Nisar (0817881488)
Commissioner for the right of citizen
3. Samsudin (0818175165)
I.
On the settlement of gross human rights violations cases:
Commissioner for the right to life
4. Enny Soeprapto (08159312671)
( a ) The Attorney General has yet follow-up with investigations
Commissioner for the right to personal safety
5. Chandra Setiawan (0816970795)
the long-due Komnas HAM inquiries of several gross human
Commissioner for the right to personal freedom
rights violations cases, namely, Trisakti 1998, Semanggi
6. Hasto Atmojo Suroyo (08159003996)
Commissioner for the right to personal development
1998, dan Semanggi 1999 (TSS) incidents, Mei Riot 1998
7. MM. Billah (021-8463763)
Commissioner for political right
incidents, Wasior 2001-2002 incident and Wamena 2003
incident;
SUB-COMMISSION OF SPECIAL GROUPS PROTECTION
1. Ruswiati Suryasaputra (0818328585)
(b) Several members of the state apparatus still refuse to co-
Commissioner for the protection of the rights of women
2. M. Farid (0816746753)
operate with Komnas HAM in the process of the projustitia
Commissioner for the protection of the rights of children
inquiry on gross human rights violations, particularly enforced
3. Djoko Soegianto (021-7994967)
Commissioner for the protection of the rights
disappearance incidents in the context of crimes against
of elderly and disabled persons
humanity;
4. Koesparmono Irsan (08128478451)
Commissioner for the protection of the rights
of IDPs and the poor
5. Hasballah M. Saad (0811990560)
II.
On the implementation and fulfilment of economic, social
Commissioner for the protection of the rights
and cultural rights:
of migrant workers and peasants
6. Taheri Noor (08164804404)
Commissioner for the protection of the rights
( a ) Increasing number of unemployment demonstrates the un-
of minorities and adat law community
fulfilment of the right to work of million of people;
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
150 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Appendix 3
LETTERS TO THE PRESIDENT OF THE REPUBLIC OF INDONESIA
(b) Suffering of many people in the regions due to busung lapar
demonstrates the un-fulfilment of their right to food and their
right to health;
(c) Hot-mud flow incident which covers large areas and causes
many people to become internally displaced persons as
well as to loose their homes and jobs is a violation to their
rights to survive and their right to good and health environ-
ment;
III.
On the implementation and protection of civil and political
rights:
( a ) The practices of freedom of speech in public of the mem-
bers of the community often involved acts of violence and
even blood-shed;
(b) The continuity of acts of violence by state apparatus as well
as radical groups in the community are violations of the right
to personal safety, right to personal protection, as well as
the honour and dignity of a person;
(c) Disruption of the right to personal freedom, such as free-
dom to perform one’s religion and belief as experienced by,
among others, the Ahmadiyah adherents;
(d) The continuity of discriminative treatment of particular reli-
gious adherents in performing their relion with the enact-
ment of the Joint Ministerial Decree between Ministry of Re-
ligious Affairs and Ministry of State Affairs No. 9 Year 2006
/ No. 8 Year 2006 on the Implementation Guidelines for
Regional Leaders / Vice Regional Leaders in Maintaining the
Harmony of Religious Adherents, Empowering Harmonious
Religious Adherent Forum and Establishment of Holy Places
Moreover, consideration should also be given to particular issues,
such as:
1.
The failure to follow-up the implementation of international human
rights instruments ratified by Indonesia at national level.
2.
The failure of Munir’s case disclosure through an appropriate
investigation in accordance with the decision of Central Jakarta
District Court which stated the involvement of other parties in the
murder case of Munir.
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 151
Appendix 3
LETTERS TO THE PRESIDENT OF THE REPUBLIC OF INDONESIA
With regard to the mentioned matters above, we would appreciate if
we could convene with the President to discuss the matters from hu-
man rights perspective. The objective of the meeting is to assure the
respect, protection, enforcement and fulfilment of human rights in
Indonesia as guaranteed by the 1945 Constitution and the Act No. 39
Year 1999 on Human Rights.
Thank you for your attention.
The National Human Rights Commission of Indonesia
Chairperson
Abdul Hakim Garuda Nusantara
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
152 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Appendix 3
LETTERS TO THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Jakarta, 27 November 2006
No.
: 417/TUA/XI/06
Attachment : 1 (one) bundle
THE INDONESIAN NATIONAL
HUMAN REGHTS COMMISSION
Subject
: Submission of the Result of Projustitia Inquiry on Gross
Human Rights Violations in the Enforced
CHAIRPERSONS :
Dissappearance Incidents
Abdul Hakim Garuda Nusantara (081315269523)
Coordination of the implementation of
the plenary sessions conclusion
His Excelency
Zumrotin K. Susilo (08159955744)
Coordination of the implementation of
The President of the Republic of Indonesia
the plenary sessions conclusion
SUB-COMMISSION OF ECONOMIC, SOCIAL
AND CULTURE RIGHTS
According to the mandate based on the Act No. 26 Year 2000 on
1. Amidhan (0811172000)
Commissioner for the right of workers
Human Rights Court, Komnas HAM had completed its projustitia inquiry
and right to social security, and the right to work
on gross human rights violations in the enforced disappearance inci-
2. Anshari Thayib (08161334934)
Commissioner for the right to health and
dents in 1997-1998.
environment
3. M. Habib Chirizin (081314438848)
Commissioner for the rights to education,
The result of the inquiry had found that 13 (thirteen) persons has be-
science and technology
come the victims of enforced disappearance whose fate has yet been
4. Saafroedin Bahar (0811147621)
Commissioner for the right of adat law community
known to present time, namely, Yani Afrie, Sony, Herman Hendrawan,
5. Achmad Ali (08129543272)
Commissioner for the right to property
Dedi Hamdun, Noval Alkatiri, Ismail, Suyat, Petrus Bima Anugrah, Wiji
Thukul, Ucok Munandar Siahaan, Hendra Hambali, Yadin Muhidin and
SUB-COMMISSION OF CIVIL AND POLITICAL RIGHTS
1. Lies Sugondo (0816811215)
Abdun Naser. It is believed that the acts of violence towards these
Commissioner for the right to justice
victims continue to the present day.
2. M. Said Nisar (0817881488)
Commissioner for the right of citizen
3. Samsudin (0818175165)
The investigation process has shown that the enforced disappear-
Commissioner for the right to life
4. Enny Soeprapto (08159312671)
ances were conducted by the State.
Commissioner for the right to personal safety
5. Chandra Setiawan (0816970795)
Commissioner for the right to personal freedom
Detail explanation and description of the report are provided in the
6. Hasto Atmojo Suroyo (08159003996)
Executive Sumamry of the Report of the Ad Hoc Inquiry Team on Gross
Commissioner for the right to personal development
7. MM. Billah (021-8463763)
Human Rights Violations in the Enforced Disappearance in 1997-1998.
Commissioner for political right
These incidents are considered as one of the black pages in the
SUB-COMMISSION OF SPECIAL GROUPS PROTECTION
history of Indonesian nation. On the one side, these incidents have
1. Ruswiati Suryasaputra (0818328585)
caused continuous suffering of the victims’ families since these cases
Commissioner for the protection of the rights of women
2. M. Farid (0816746753)
have yet been investigated according to the law, including punishment
Commissioner for the protection of the rights of children
for those responsible for these incidents. On the other side, these
3. Djoko Soegianto (021-7994967)
Commissioner for the protection of the rights
incidents have also shown that legal supremacy has yet been upholded
of elderly and disabled persons
in the Republic Indonesia.
4. Koesparmono Irsan (08128478451)
Commissioner for the protection of the rights
of IDPs and the poor
5. Hasballah M. Saad (0811990560)
Additionally, enforced disappearance cases have also gained the at-
Commissioner for the protection of the rights
tention of international community. The United Nations Commission on
of migrant workers and peasants
6. Taheri Noor (08164804404)
Human Rights, recently replaced by the Human Rights Council, has
Commissioner for the protection of the rights
of minorities and adat law community
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 153
Appendix 3
LETTERS TO THE PRESIDENT OF THE REPUBLIC OF INDONESIA
appointed a special rapporteur for this matter since May 2006. More-
over, the international community has also tried to establish a legal
binding international instrument in order to avoid the recurrence of
enforced disappearance incidents as well as to punish the perpetra-
tors.
Legal settlements to these incidents, in this regard the Act No. 26 Year
2000 on Human Rights, as well as to other incidents categorized as
gross human rights violations, which inquiries by Komnas HAM had
been completed a long time ago but have yet investigated by the
Attorney General (Trisakti, Semanggi I, 1998, Semanggi II, 1999 inci-
dents; May Riot 1998 incidents; Wasior 2001-2002 incident; and
Wamena 2003 incident), are of important nature for the implementa-
tion of law and justice in this country, particularly the continuity of the
nation’s movement towards legal supremacy and respect of human
rights. Moreover, the legal settlements of these incidents will become
assets for the Republic of Indonesia in its relationships with other States,
including its membership in the Human Rights Council.
As noted, the 1945 Constitution (article 28 I paragraph (4)) and the Act
No. 39 Year 1999 on Human Rights have stated that the State, particu-
larly the Government, is responsible for the protection, respect, en-
force and fulfilment of human rights.
Looking at the matters stated above, we recommend the Government
to take these follow-up actions:
a.
To instruct law enforcement agencies to follow-up the result of
the inquiry as stated above with investigation;
b.
To immediately endorse appropriate legal instruments for the
establishment of an ad hoc Human Rights Court as stated in the
Act No. 26 Year 2000 on Human Rights Court after receiving
recommendation from the House of Representatives;
c.
To instruct the appropriate state apparatus to investigate the
uncertainty of the existence and/or fate of the 13 (thirteen) per-
sons as stated above with the intention to return them to their
families in any condition.
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
154 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Appendix 3
LETTERS TO THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Thank you for your attention.
The National Human Rights Commission of Indonesia
Chairperson
Abdul Hakim Garuda Nusantara
CC.:
1. Chairperson of the House of Representatives of the Republic of
Indonesia.
2. Chairperson of the Third Commission of the House of Representa-
tives of the Republic of Indonesia.
3. Archieve.
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 155
Appendix 3
LETTERS TO THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Jakarta, 15 December 2006
No.
: 426/TUA/XII/06
THE INDONESIA N NATIONAL
Attachment : 1 (one) bundle
HUMAN REGHTS COMMISSION
Subject
: Request of the fulfilment of ex. Heiho rights (Mr. Kaseran)
CHAIRPERSONS :
Abdul Hakim Garuda Nusantara (081315269523)
Coordination of the implementation of
His Excelency
the plenary sessions conclusion
Zumrotin K. Susilo (08159955744)
Coordination of the implementation of
The President of the Republic of Indonesia
the plenary sessions conclusion
SUB-COMMISSION OF ECONOMIC, SOCIAL
AND CULTURE RIGHTS
Komnas HAM had delivered a letter No. 244/TUA/IX/05 dated 19
1. Amidhan (0811172000)
Commissioner for the right of workers
September 2005 on the subject mentioned above to the President
and right to social security, and the right to work
(copy of letter attached). After one year, Komnas HAM received a
2. Anshari Thayib (08161334934)
Commissioner for the right to health and
letter from Mr. Kaseran requesting the follow up of Komnas HAM letter
environment
3. M. Habib Chirizin (081314438848)
to the President as mentioned previously.
Commissioner for the rights to education,
science and technology
4. Saafroedin Bahar (0811147621)
Through this letter, Komnas HAM wants to re-emphasize that the Indo-
Commissioner for the right of adat law community
5. Achmad Ali (08129543272)
nesian Government and the Japanese Government had signed a peace
Commissioner for the right to property
treaty in 1958 with the enactment of the Act o. 13 Year 1958 on the
SUB-COMMISSION OF CIVIL AND POLITICAL RIGHTS
Peace Treaty and War Reparations between the Indonesian and Japa-
1. Soelistyowati Sugondo (0816811215)
Commissioner for the right to justice
nese Government.
2. M. Said Nisar (0817881488)
Commissioner for the right of citizen
3. Samsudin (0818175165)
The signing of the treaty did not mean that the Indonesian Government
Commissioner for the right to life
4. Enny Soeprapto (08159312671)
could allow the unfulfilment of the rights of Indonesian ex. Heiho since
Commissioner for the right to personal safety
the legal consequences from the signing of the treaty at national level
5. Chandra Setiawan (0816970795)
Commissioner for the right to personal freedom
has become the responsibility of the Indonesian Government.
6. Hasto Atmojo Suroyo (08159003996)
Commissioner for the right to personal development
7. MM. Billah (021-8463763)
Therefore, Komnas HAM once again recommends the President of the
Commissioner for political right
Republic of Indonesia Indonesia to fulfil the rights of the ex-Heiho in
SUB-COMMISSION OF SPECIAL GROUPS PROTECTION
1. Ruswiati Suryasaputra (0818328585)
Indonesia, including Mr. Kaseran due to the Indonesian Government
Commissioner for the protection of the rights of women
responsibilities to protect, promote, uphold and fulfil human rights as
2. M. Farid (0816746753)
Commissioner for the protection of the rights of children
govern by article 28I of the 1945 Constitution and article 8 of the Act
3. Djoko Soegianto (021-7994967)
Commissioner for the protection of the rights
No. 39 Year 1999 on Human Rights.
of elderly and disabled persons
4. Koesparmono Irsan (08128478451)
Commissioner for the protection of the rights
of IDPs and the poor
5. Hasballah M. Saad (0811990560)
Commissioner for the protection of the rights
of migrant workers and peasants
6. Taheri Noor (08164804404)
Commissioner for the protection of the rights
of minorities and adat law community
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
156 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Appendix 3
LETTERS TO THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Thank you for your attention.
The National Human Rights Commission of Indonesia
Chairperson
Abdul Hakim Garuda Nusantara
CC.:
1. Coordinating Ministry of Politic, Law and Human Rights of the
Republic of Indonesia in Jakarta.
2. Ministry of Social Affairs of the Republic of Indonesia in Jakarta.
3. Ministry of Defence of the Republic of Indonesia in Jakarta.
4. Ambassador of the Japanese Embassy in Jakarta.
5. Mr. Kaseran
Jl. Ikanmas, No. 32A, RT.01/RW.02 Karangrejo,
Banyuwangi, Jawa Timur.
6. Archieve.
Jl. Latuharhary No. 4B, Menteng, Jakarta Pusat 10310, Telp. 62-21-3925230, Fax. 62-21-3925227, E-mail: info@komnasham.go.id Web Site: www.komnasham.go.id
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 157
Appendix 4
COMPLAINT HANDLING PROCEDURE
COMPLAINT HANDLING PROCEDURE
Type of complaint
Telephone, Mail, Dir
.
ect Complaint, E-mail, Fax
.
.
.
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Complaint Handling Unit
Screening
.
Distribution to related Commissioner
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Commissioners of the Sub-
Commissioners of the Sub-
Commissioners of the Sub-
Commission of Civil & Political
Commission of ESC Rights
Commission of special Group
.
Rights Protection
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Attorney General
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Recommendation
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Plenary
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Human Rights
Non-HRs Cases
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Violations
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Closed
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Not Proven
Has Not .
Been Proven
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Inquiry Discontinue
Written Inquiry
Full Inquiry
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Annual Report 2006
158 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Appendix 5
REPORT OF KOMNAS HAM SECRETARY GENERAL IN 2006
REPORT OF KOMNAS HAM
SECRETARY GENERAL IN 2006
Year 2006 was the fourth year of management structuring of Komnas HAM
aimed to provide organizational support as well as professional, transparent
and accountable management resources. According to article 81 of the Act
No. 39 Year 1999 on Human Rights, the function of the Secretary General of
Komnas HAM is to provide support for the implementation of Komnas HAM
programmes. The function is elaborated in the Presidential Decree No. 48
Year 2001 on the Secretary General of the National Human Rights Commission
of Indonesia, which are to provide technical operational support for Komnas
HAM, to coordinate, synchronize and integrate programmes administration and
to follow-up Komnas HAM programmes; to administer the preparation of Komnas
HAM works plans and programmes, and establishment of the Secretary Ge-
neral reports; to manage the administration of Komnas HAM membership and
to conduct the organizational development, employee affairs and financial ad-
ministrations of Komnas HAM; to manage Komnas HAM cooperation with re-
lated government agencies and non governmental organizations in Indonesia
and abroad.
The management restructuring of the organization of the Secretary General
was conducted, among others, through the restructuring of the administration
in the Representatives and Representative Offices of Komnas HAM in the re-
gions, development of employment and financial systems, and also establish-
ment of guidelines in property inventory, office affairs, official correspondence
and information and documentation system. Moreover, the Secretary General
also carried out the restructuring and replacement of employees within the
Secretary General office. To enhance the staff capacity, Komnas HAM Secre-
tary General had conducted training in administration, finance, technical skill
and knowledge on human rights.
The organization of the Secretary General consists of three bureaus, which
are Bureau of Planning and Inter-Institute Relation, Bureau of General Affairs
and Bureau of Administration and Conference Services. Until the end of 2006,
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 159
Appendix 5
REPORT OF KOMNAS HAM SECRETARY GENERAL IN 2006
Komnas HAM had 131 full-time staff and 23 part-time staff. The full-time staff
of Komnas HAM consisted of 40 professional (functional) staff and 91 adminis-
trative (structural) staff. (See diagram 5).
DIAGRAM 5
KOMNAS HAM STAFF ACCORDING TO FUNCTION
Part-time staff
Full-time staff
23 staff
131 staff
Functional staff
40 staff
Structural staff
91 staff
According to level of education, in 2006, full-time staff of Komnas HAM con-
sisted of 35 staff with master degree, 49 staff with bachelor degree, 15 staff
with diploma education level and 32 staff with high school education level.
(See diagram 6).
DIAGRAM 6
KOMNAS HAM STAFF ACCORDING TO LEVEL
OF EDUCATION
60
49
50
40
35
32
30
20
15
10
0
Master Degree
Bachelor Degree
Diploma
Basic & Intermediate
Education
Annual Report 2006
160 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
Appendix 5
REPORT OF KOMNAS HAM SECRETARY GENERAL IN 2006
In 2006, Komnas HAM budget received from the State Revenues and Expendi-
tures (Anggaran Pendapatan dan Belanja Negara or APBN) is Rp. 49 billion.
This budget is higher than the previous ones, which are as follows: Rp. 4.2
billion in 2002; Rp. 14.5 billion in 2003; Rp. 20.5 billion in 2004; and Rp. 29.7
billion in 2005. (See diagram 7).
DIAGRAM 7
KOMNAS HAM BUDGET IN 2002-2006
( IN BILLION RUPIAH)
55
49
50
45
40
35
29.7
30
25
20.5
20
14.5
15
10
4.2
5
0
2002
2003
2004
2005
2006
* Source: The State Revenues and Expenditures
Komnas HAM also received grant in 2006 from the AusAID through the Indone-
sia Australia Legal Development Facilities (IALDF) to conduct programmes in
capacity development, conflict mapping and human rights public campaign.
Annual Report 2006
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA 161
Appendix 5
REPORT OF KOMNAS HAM SECRETARY GENERAL IN 2006
KOMNAS HAM FINANCIAL REPORT 2006
( Unaudited )
TOTAL (Rp)
ACTIVITIES
Revenues
Expenditures
A. REVENUES
I. State Revenues & Expenditures (APBN)
1. Honorarium
16,394,124,000
2. Procurement
30,411,916,000
3. Capital
2,499,060,000
Sub Total A.I. : Routine Revenues
49,305,100,000
II. Grants
1. Balance on 2005 Grants
61,437,288
2. 2006 Grants
IALDF
1,387,567,325
Sub Total A.II : Grants Revenues
1,449,004,613
TOTAL REVENUES (A.I + A.II)
50,754,104,613
B. EXPENDITURES
I. State Revenues & Expenditures (APBN)
1. Honorarium
11,904,461,076
2. Procurement
22,733,924,662
3. Capital
2,005,560,574
Sub Total B.I. : Ruotine Expenditures
36,643,946,312
II. Grants
IALDF
757,396,780
Sub Total B. II : Grants Expenditures
757,396,780
TOTAL EXPENDITURES (B.I + B.II)
37,401,343,092
C. RETURN
Balance on the Government Treasury
12,661,153,688
TOTAL RETURN
12,661,153,688
BALANCE ON 31 DECEMBER 2006
2006 (A - B - C)
691,607,833
Annual Report 2006
162 THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
KOMNAS HAM EXPENDITURES FROM THE STATE REVENUES AND EXPENDITURES (APBN) YEAR 2006
Unaudited
CODE
UNIT
BUDGET
Honorarium
Operational
Procurement
Official
Transportation Meeting Package/
Services
TOTAL
& Printing
Travelling
Event Organizer
I
SUB-COMMISSION ON CIVIL & POLITICAL RIGHTS
4,362,491,000
500,311,129
803,479,488
209,090,492
582,965,675
242,393,000 2,071,833,701
- 4,410,073,485
I I
SUB-COMMISSION ON ESC RIGHTS
3,300,001,000
435,187,240
556,214,005
58,165,354
850,638,734
220,511,760
882,000,469
- 3,002,717,562
III
SUB-COMMISSION ON PROTECTION FOR
VULNERABLE GROUPS
3,321,098,000
366,545,739
599,959,827
136,819,553
591,182,374
213,324,501 1,086,949,875
- 2,994,781,869
REPORT OF KOMNAS HAM SECRET
IV
BUREAU OF ADMINISTRATIVE &
THE NATIONAL HUMAN RIGHTS COMMISSION OF INDONESIA
CONFERENCE SERVICES
10,643,803,000
1,576,997,119
699,651,795
188,084,230 1,052,543,437
675,009,930
459,768,538
- 4,652,055,049
V
REGIONAL OFFICE IN NAD
455,470,000
7,535,000
89,258,504
12,789,000
33,353,200
-
-
122,193,925
265,129,629
VI
REGIONAL OFFICE IN MALUKU
452,823,000
-
55,785,210
4,817,005
54,963,300
-
-
113,457,745
229,023,260
VII
BUREAU OF PLANNING & FINANCE
11,668,952,000 7,862,573,383
71,148,049
-
624,891,110
137,494,800
-
- 8,696,107,342
IX
BUREAU OF GENERAL AFFAIRS
3,343,087,000
53,462,000
659,853,151
673,270,300
82,556,600
98,478,625
15,430,800
1,370,628,377 2,953,679,853
XI
DOCUMENTATION & INFORMATION CENTRE
1,197,200,000
385,351,210
187,497,985
514,090,125
68,897,700
16,200,000
29,019,421
122,199,000 1,323,255,441
XII
REPRESENTATIVE IN WEST SUMATERA
468,800,000
7,704,000
107,476,930
7,500,000
72,366,400
7,500,000
67,644,800
32,724,944
302,917,074
Annual Report 2006
AR
XIII
REPRESENTATIVE IN PAPUA
484,462,000
-
26,778,910
-
83,078,400
-
-
59,085,484
168,942,794
Y GENERAL IN 2006
XIV
REPRESENTATIVE IN WEST KALIMANTAN
464,938,000
-
103,613,592
74,185,419
97,667,300
100,000
-
-
275,566,311
TOTAL KOMNAS HAM
40,163,125,000 11,195,666,820
3,960,717,446
1,878,811,478
4,195,104,230
1,611,012,616 4,612,647,604
1,820,289,475 29,274,249,669
Appendix 5
XV
COMMISSION ON VIOLENCE AGAINST WOMEN
9,141,975,000 2,909,735,200
496,079,306
2,136,766,699
768,496,290
163,670,500
508,414,631
344,487,339 7,327,649,965
TOTAL EXPENDITURES 2006
49,305,100,000 14,105,402,020
4,456,796,752
4,015,578,177
4,963,600,520
1,774,683,116
5,121,062,235
2,164,776,814 36,601,899,634
163
* in IDR (Indonesian Rupiah)
