In Dialogue with Indonesia, Experts of the Human Rights Committee Commend Measures Promoting Women’s Political Participation, Raise Questions on Air and Water Pollution, and on Excessive Use of Force against Indigenous Papuans
The Human Rights Committee today concluded its consideration of the second periodic report of Indonesia on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending measures promoting women’s political participation, and raising questions on air and water pollution, and on extrajudicial killings of and excessive use of force against indigenous Papuans.
A Committee Expert noted that the State party had continued to adopt measures for women. The recent elections showed progress in efforts to promote the representation of women in political life. What temporary special measures had been implemented to strengthen women’s participation in political, economic, social and cultural life?
Another Expert said Indonesia was one of the world’s top 10 polluters. There were high levels of air pollution in Indonesia. What initiatives were being taken to reduce air pollution and its consequences? The Committee was also concerned about mining activities leading to water pollution. Reportedly, more than half of Indonesia’s rivers were polluted. How was the State party addressing this?
Several Experts expressed concern about numerous reports of extrajudicial killings of and excessive use of force against indigenous Papuans. Why had the State party not conducted public investigations into the killings, or released the findings of internal investigations?
Tri Tharyat, Deputy Minister for Multilateral Affairs of Indonesia and head of the delegation, said Indonesia, the world's third-largest democracy, had recently conducted a free and fair general election. There had been a sharp increase in elected women parliamentarians, from 8.8 per cent in 1999 to 37.07 per cent in 2024. The delegation added that there had been an increase in Indonesia’s gender empowerment index over the reporting period. Until 2024, the Government had implemented the gender development plan, promoting women’s increased participation in private companies.
Indonesia prioritised sustainable agriculture and forestry practices, the delegation said. The State party had published a long-term strategy for climate resilience and was implementing policies to achieve net-zero emissions by 2060. The Government was promoting the right to safe drinking water, investing in the development of drinking water facilities and water quality monitoring mechanisms across the State. There were also policies in place to improve air quality in the greater Jakarta area, including planting trees to absorb carbon dioxide and imposing administrative sanctions on polluters.
The delegation said the Government worked to hold all officials accountable for human rights violations, including extrajudicial killings. The Government’s accountability mechanism had recently investigated an incident involving deaths in Papua in 2022. All six soldiers involved in this incident had been convicted of premeditated murder and charged in civilian courts. All ministries were obliged to convey information publicly, except for dossiers on cases of gross human rights violations.
In concluding remarks, Dhahana Putra, Deputy Minister for Human Rights, Ministry of Law and Human Rights of Indonesia, said engagement with the Committee was pivotal for identifying areas of improvement and means of addressing challenges. The State party would consider the Committee’s recommendations in formulating its next national action plan on human rights. Indonesia was committed to enhancing the protection of human rights domestically.
Tania María Abdo Rocholl, Committee Chairperson, in concluding remarks, expressed appreciation for the professionalism and dedication of the Indonesian delegation. Concerns had been raised regarding the independence of the judiciary; abortion rights; the death penalty; the rights of migrants, asylum seekers and refugees; prohibition of torture; freedom of religious belief; the right to peaceful assembly; and the rights of children and indigenous peoples, among others. The Committee was determined to ensure the highest possible level of implementation of the Covenant in Indonesia
The delegation of Indonesia was made up of representatives of the Office of the Vice President; Executive Office of the President; National Police of Indonesia; Ministry of Communication and Informatics; Ministry of Law and Human Rights; Cabinet Secretariat; Ministry of Foreign Affairs; and the Permanent Mission of Indonesia to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and fortieth session is being held from 4 to 28 March 2024. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. this afternoon to begin its consideration of the eighth periodic report of the United Kingdom (CCPR/C/GBR/8).
Report
The Committee has before it the second periodic report of Indonesia (CCPR/C/IDN/2).
Presentation of the Report
TRI THARYAT, Deputy Minister for Multilateral Affairs of Indonesia and head of the delegation, said Indonesia, the world's third-largest democracy, had recently conducted a free and fair general election. Around 204.7 million Indonesians exercised their voting rights, an increase of 46 million compared to voter turnout in 2019. Voters participated in electing not just the President and Vice-President, but also 20,462 members of parliament. Eighteen national political parties and six Aceh local parties actively participated in the elections. There had been a sharp increase in elected women parliamentarians, from 8.8 per cent in 1999 to 37.07 per cent in 2024. In November 2024, elections would be held for 37 governors, 416 regents and 93 mayors.
In August 2022, President Joko Widodo mandated a team of independent experts to identify past cases of human rights violations and to make recommendations on non-judicial settlements. In January 2023, the President announced the Government’s acknowledgement and regret over 12 instances of gross human rights violations. Following this, a dedicated team of officials and independent experts was formed to identify appropriate remedies for victims and their families. This team provided rehabilitation, social assistance, health insurance, scholarships, visas and stay permits, and Indonesian nationality for victims residing abroad. The initiative aimed to ensure non-recurrence of similar violations in the future.
The Government and the Parliament successfully enacted a new Penal Code at the end of 2022. The bill adjusted the national penal system with Indonesia’s commitments under international human rights instruments it was party to. It struck a balance between individual rights and the broader public interest. In 2022, Indonesia introduced a transformative correctional system law. This law aimed to guarantee the protection of the rights of prisoners and juveniles. Another breakthrough was the adoption of the job creation law, which aimed to bolster Indonesia's economy, attract foreign investment, and create job opportunities. In combatting violence against women, the anti-sexual violence law was enacted in 2022. It strengthened the legal framework for the protection of women, including by creating a supportive environment for victims of sexual violence to seek justice, and holding perpetrators accountable. To protect human rights in digital space, the personal data protection law was passed in 2022.
The national human rights action plan 2021-2025 focused on four vulnerable groups: women, children, people with disabilities, and the local Adat communities. The Government regularly assessed, monitored and evaluated the implementation of this action plan. Further, in October 2023, the Government launched the national strategy of business and human rights. The strategy provided regulatory and institutional frameworks for the Government to ensure human rights within business practices and to provide access to remedies. The Government was also continuing to expand the implementation of a business and human rights due diligence indicators application. It aided enterprises to comply with human rights principles. To date, 228 companies had utilised the application.
In the Papua region, the Government had implemented affirmative actions aimed at improving the lives of the local population. Through the special autonomy law, the Government ensured a larger representation of Papuans in the Papuan People’s Representatives and People’s Assembly, and extended and increased the Papuan special autonomy fund. In addition, the Government also expanded the Papuan administrative region from two to six provinces to accelerate development and improve public services, as well as bridge developmental disparities.
These efforts had been often disrupted by the activities of armed separatist groups, which had intensified attacks against civilian and critical infrastructure. From 2010 to early 2022, the groups were responsible for 226 violent incidents in Papua, which claimed the lives of 497 people, mostly civilians. Eighty-one violent acts occurred in 2023. The Government ensured that all response measures taken were in strict adherence to human rights and humanitarian principles. All security personnel and police officers assigned in Papua underwent comprehensive pre-deployment training and were provided with handbooks on code of conducts that aligned with the principles of human rights and the prevailing laws.
Questions by Committee Experts
A Committee Expert said the Committee was deeply concerned that the revised Criminal Code represented a backsliding on human rights. It violated numerous Covenant rights, reinstating prison sentences for insulting the President, prohibiting unauthorised demonstrations, and criminalising consensual sexual relations outside of marriage. What steps would be taken to amend the Criminal Code to bring it in line with the Covenant? Would the State party ensure that revisions to the Code would undergo public scrutiny?
In 2022, the Global Alliance of National Human Rights Institutions recommended that Indonesia empower the national human rights institute and the national commission on violence against women to discharge their mandates. What measures were in place to achieve this? How did the State party ensure that these organizations’ leadership was independently appointed?
Why had there been a delay in acceding to the First Optional Protocol to the Covenant? When would this be done? How would the State party ensure that the judiciary gave more weight to the Covenant and international law? What measures were in place to revise customary Adat and Sharia laws and local laws that violated Covenant rights, such as the law that criminalised pre-marital sex and same-sex relations?
Corruption remained a significant problem in Indonesia, which ranked at 115 in Transparency International’s Corruption Perceptions Index. Reportedly, 30 per cent of public service users had paid a bribe in 2020. What measures were in place to prevent such practices and safeguard individuals who reported corrupt practices from reprisals? The Ministry of Agriculture stood accused of bribery and fraud in contracts with private companies. What measures were in place to ensure transparency and accountability in Government procurement processes? How would the State ensure that investigations into corruption extended to high-ranking Government officials? In 2021, Indonesia dismissed 57 staff of the national human rights institute, hindering its ability to investigate corrupt activities. What measures were in place to safeguard the institute’s ability to investigate corruption?
Another Committee Expert said that in 2016, the President gave instructions to locate the mass graves of victims of anti-communist massacres committed in the 1960s. Had these graves been identified? What measures were in place to honour the memory of the victims? How was the State party investigating enforced disappearance cases that occurred in 1997 and 1998? How had the State party implemented the final conclusions of the 2009 Truth and Friendship Commission into incidents that occurred in Timor-Leste in 1999? The Committee welcomed the launching of the findings report of the Aceh Truth and Reconciliation Commission. Had the State party implemented mechanisms for restoring victims’ rights, established memorials and education programmes relating to the events in Aceh, and prosecuted persons responsible?
How many people had received legal aid from the Government between 2021 and 2023? Seven members of the Judicial Commission were appointed by the parliament. How was the Commission independent from the executive? How were judges appointed? Was the Commission able to appoint judges to the Supreme Court? How many judges had been investigated by the Commission for corruption?
One Committee Expert asked about attempts made to adopt a general law on discrimination. What reparations had been provided for victims of discrimination? Could the State party provide disaggregated data on discrimination cases, including on prosecutions? What measures were in place to protect customary communities from discrimination? How was the State party ensuring the empowerment of such communities and their access to the social protection system?
The State party had continued to adopt measures for women. The recent elections showed progress in efforts to promote the representation of women in political life. What temporary special measures had been implemented to strengthen women’s participation in political, economic, social and cultural life? What data was available on women’s representation in the private sector? What measures had the State party taken to prevent sexual and gender-based violence, including in collaboration with religious communities?
There were reports that 13,000 persons with disabilities had been discriminated against in information and counselling centres, which were working outside of the framework of the law. What measures had the State party taken to respond to reports of forced sterilisation of persons with disabilities? What recommendations had been made in the 2019 national consultations on these topics, and how had they been implemented?
A Committee Expert asked if Indonesia would consider providing increased support to rape victims to access abortions. What steps had been taken to provide women and girls with information about sexual health and abortion services? Some prison facilities lacked medical services. How would the State party ensure medical services for incarcerated women? There were reports of sterilisation of women in psychiatric institutions.
Indonesia was one of the world’s top 10 polluters. The Committee recognised the State’s climate change policies, but noted reports that the State had not done enough to protect vulnerable communities such as indigenous peoples from the effects of climate change. There were high levels of air pollution in Indonesia. What initiatives were being taken to reduce air pollution and its consequences? The Committee was concerned about mining activities leading to water pollution. Reportedly, more than half of Indonesia’s rivers were polluted. How was the State party addressing this? What was the process for conducting environmental impact assessments before conducting extractive activities?
The Committee was concerned about numerous reports of extrajudicial killings of and excessive use of force against indigenous Papuans. Why had the bill on reparations for extrajudicial killings not been ratified? Why had the State party not conducted public investigations into the killings, or released the findings of internal investigations? There was a high number of extrajudicial killings of persons suspected of selling drugs. Reportedly, senior security officials encouraged extrajudicial killings in drug investigations. Could the delegation comment on this?
Another Committee Expert said the Committee had repeatedly recommended that the State party abolish the death penalty and accede to the second Optional Protocol. Indonesia continued to apply the death penalty for crimes of drug trafficking and corruption. What steps had been taken to reduce sentences for such crimes? Would the State party consider a moratorium on the death penalty? Foreign nationals were disproportionately represented on death row. How would Indonesia address this? How would the State provide adequate legal assistance to foreign nationals?
The Committee welcomed Indonesia’s efforts to assist refugees, but the State’s regulations on refugees were not in line with international standards. Did the State party intend to sign the 1951 Convention on Statelessness and its 1967 protocol? What measures were in place to protect the rights of internally displaced persons, asylum seekers and refugees? What reparations were provided to families whose homes had been destroyed due to military activities in West Papua? How was the State party ensuring that internally displaced persons were protected from COVID-19 and malaria? What measures were in place to respond to the influx of Rohingya refugees and sensitise local communities to the needs and rights of asylum seekers?
Responses by the Delegation
The delegation said Indonesia’s new Penal Code would enter into force in 2026. It would bring the Code in line with international standards. The Code’s provisions on freedom of expression were in line with the Covenant. Indonesia maintained the death penalty but ensured that its application aligned with the Covenant and other international standards. The death penalty was treated as a measure of last resort. In the new Penal Code, the death penalty was no longer considered as a principal punishment, but as a sanction with a high possibility of commutation.
Indonesia took note of the Committee’s recommendation to ratify the first Optional Protocol. The State already had an effective national mechanism to address individual complaints: the national human rights institute, which had “A” status under the Paris Principles. The State party had established 33 local offices that could receive complaints, as well as an online platform. These channels had received thousands of complaints.
The State party was working to address corruption. Law 31 of 1999 established a national framework to criminalise seven varieties of corruption. Indonesia had also adopted a national strategy on combatting corruption. The law on the national human rights institute had been amended to strengthen the institution’s ability to investigate corruption. Senior officials found to have engaged in corrupt activities had been stripped of their posts.
The Government had reformed certain discriminatory local laws in response to a 2016 Constitutional Court decision. The central Government had sent letters advising local governments to revise other discriminatory local laws. The Government was assisting in the drafting of 112 local laws to prevent discriminatory provisions and was setting up local anti-discrimination bodies.
The Government was committed to resolving past human rights violations through judicial and non-judicial means. Certain human rights violation cases had been brought to court. The Attorney-General’s Office was working with the national human rights institute to obtain necessary evidence to prosecute these cases. The President had in 2023 made a public statement expressing regret for 12 human rights violations occurring in the past. A non-judicial settlement mechanism had been developed to support victims of these cases. Government measures aimed to express the truth about these incidents and prevent repetition. By the end of 2023, 582 victims had received cash transfers and other support to access education and health services. The Government had also issued 19 visas to exiled students. Non-judicial settlements were complementary to judicial processes. Indonesia was continuing to engage with Timor-Leste on the reunification programme and other reparation measures. The Government had also provided reparations to 235 victims of human rights violations in Aceh and was considering the provision of reparations to around 5,000 other victims.
The State party had been working to promote the participation of women in political and economic spheres. There had been an increase in Indonesia’s gender empowerment index over the reporting period. Challenges remained, however. Most political parties had not met the quota for women’s representation in 2024. Until 2024, the Government had implemented the gender development plan, promoting women’s increased participation in private companies.
Indonesia was committed to combatting violence against women, having established a national action plan towards this goal. The 2004 domestic violence law and 2007 criminalisation of sexual violence law protected women and held perpetrators accountable. The Government was conducting an awareness raising campaign to promote zero tolerance of violence against women and encourage the community to report such violence. An online information system on the protection of women and girls had been developed.
Indonesia was a multicultural society that promoted diversity and tolerance. Every individual was equal before the law. Any proposals for laws protecting lesbian, gay, bisexual, transgender and intersex individuals needed to be carefully weighed against the State’s religious and cultural values.
The State party had made efforts to provide sexual and reproductive health services across the nation and worked to prevent the spread of HIV/AIDS. Access to maternal health services continued to be expanded. The Government was ensuring that all child births occurred in health facilities. Since 2017, under-five mortality rates had decreased from 25.6 to 21 deaths per 1,000 live births in 2021. Awareness raising campaigns were also in place on sexual and reproductive health education. Abortion was permissible when the pregnancy threatened the life of the mother and for rape victims who were at risk of psychological trauma.
Prisons’ capacities had been increased to address overcrowding and water, health and sanitation facilities in prisons had been improved. The Government was also working to improve access to information for prisoners’ family members.
Indonesia prioritised sustainable agriculture and forestry practices. The State party had published a long-term strategy for climate resilience and was implementing policies to achieve net-zero emissions by 2060. The Government was promoting the right to safe drinking water, investing in the development of drinking water facilities and water quality monitoring mechanisms across the State. There were also policies in place to improve air quality in the greater Jakarta area, including planting trees to absorb carbon dioxide and imposing administrative sanctions on polluters.
The Government worked to hold all officials accountable for human rights violations, including extrajudicial killings. The Government’s accountability mechanism had recently investigated an incident involving deaths in Papua in 2022. All six soldiers involved in this incident had been convicted of premeditated murder and charged in civilian courts.
The Government had taken measures to address internal displacement and its causes, including the 2023 drought. It had provided food, shelter, health and psychological support for internally displaced persons, and was continuously working with local communities to support their return. Indonesia provided support for Rohingya refugees beyond its international obligations, giving them shelter, food, health services and education. All stakeholders, including the Government, the Parliament and civil society, needed to approve of the ratification of the 1951 Refugee Convention before the State party could sign it. The highest proportion of refugees hosted by Indonesia were from Afghanistan. The Government was consulting with various parties to address hoaxes regarding how Rohingya refugees entered Indonesia. It had created a website informing the public on who refugees were and on the dangers of hoaxes related to refugees. The State party was working to prevent refugees from becoming victims of people smuggling.
Follow-Up Questions by Committee Experts
One Committee Expert said the State party’s national strategy on business and human rights was a significant step.
Committee Experts asked follow-up questions on whether the State party planned to ratify the first Optional Protocol and the Refugee Convention; how the State party planned to address concerns about the ambiguity of the national strategy on business and human rights related to land rights for indigenous peoples; why the parliament fired the Vice-President of the Constitutional Court; plans to remove criminal sanctions for women who sought abortions; efforts to publish internal reports into extrajudicial killings in Papua; metrics for assessing the implementation of the national action plan on revising and harmonising national legislation; whether institutions for persons with disabilities were run by the Government or the private sector; measures taken to establish and implement a legal framework to fight discrimination against vulnerable groups; whether the rights of youth to a clean and healthy environment could be defended in courts; additional anti-discrimination measures being contemplated by the State party; and how the State party planned to strengthen the rights of asylum seekers, refugees and migrants.
Responses by the Delegation
The delegation said Indonesia’s national strategy for business and human rights contained capacity building measures for the Government and civil society, and measures to improve legislation in this field and provide support to victims of human rights violations committed by businesses. An application had been developed to help businesses assess whether their activities violated human rights.
The revised Penal Code advised judges to not imprison young and elderly people when possible. The Judicial Commission decided on the members of the Attorney General’s Office and monitored the activities of judges. Judges were selected through a transparent, open process. No State agencies could intervene in the decisions of the Attorney General’s Office.
Provisions of the Penal Code addressing abortions aimed to prevent women from resorting to unsafe abortion practices. The new Penal Code extended the period in which women could obtain abortions under certain conditions to up to 14 weeks of pregnancy. The State offered treatment and rehabilitation services for rape victims.
All ministries were obliged to convey information publicly, except for dossiers on cases of gross violations of human rights. Other dossiers could be accessed by the public through the relevant courts.
Indonesia had around 13,000 refugees, a low number compared to countries such as Malaysia. Thus, the State did not consider ratifying the 1951 Refugee Convention to be an urgent matter. The State prioritised providing refuge to political refugees such as the Rohingya. Indonesia did not violate the principle of non-refoulement.
The budget for the national human rights institute and the national institute on violence against women increased every year. The budget grew most significantly in 2019 due to an increase in staff in that year. The Government had enacted regulations to double renumeration for the institutes’ staff.
Questions by Committee Experts
A Committee Expert said the Government had proposed a draft law with a legal definition of torture in line with international standards. What was the status of this law? How many judges, prosecutors and law enforcement officials had participated in training on human rights and torture in the reporting period? The punishment of flogging still existed in Aceh for crimes such as premarital sex and adultery. What measures were in place to ensure that flogging would no longer be used? There were reports of activists being detained and tortured in the context of protests in 2020 and reports of unlawful killings in West Papua in 2022. What legal frameworks would be put in place to prevent continued violations by law enforcement and hold perpetrators accountable?
The State party had been called on to facilitate unannounced visits to prisons. Had it done this? What improvements to the prison system had the State party made, and what was the status of the draft law on improving prison conditions? How had the total number of prisoners and correctional officers changed in the last five years? What alternatives to detention were provided for migrants?
The Committee welcomed the State party’s efforts to prevent the shackling of persons with mental disabilities. How many cases of shackling had led to criminal investigations, and what were the results of those investigations? Were situations of deprivation of liberty of persons with disabilities periodically reviewed by a judge? How did the State party support the reintegration of institutionalised persons with disabilities into society?
Another Committee Expert said that there were concerns that the national armed forces were being unnecessarily used in anti-terrorism activities. How did the State party ensure that the armed forces did not encroach on the role of police officers? Those suspected of terrorism offences could be detained for up to 290 days without trial. How did the State party guarantee access to legal counsel and contact with family members for such suspects, ensure that peaceful political activities were not misconstrued as acts of terrorism, and prevent the torture of terrorism suspects? How did Indonesia intend to provide remedies for persons whose rights had been violated in anti-terrorism measures? How did it prevent racial profiling of Papuans?
Electoral regulations had been changed to allow the President’s son to run for election. How did the State party ensure fair electoral processes, and that persons without digital registration and persons with disabilities could enjoy the right to vote?
One Committee Expert said a Presidential decree prohibited deviant religious teachings and blasphemy. “Staining a religion” carried a penalty of up to five years imprisonment. Last year, a Muslim cleric had been arrested for advocating for gender-inclusive religious practices. What measures were in place to bring legislation on religious rights in line with the Covenant? Minority religious groups often struggled to obtain permission to construct houses of worship. Thousands of such places were closed over the reporting period. How did Indonesia plan to support minority religious groups to build houses of worship? In 2016 and 2017, the State party altered the registration process for social organizations, allowing for the dissolution of associations without judicial oversight. What measures were in place to ensure dissolutions were carried out fairly and with independent oversight? Indonesia used various registration requirements to delay the formation of unions. What measures were in place to address barriers to unionisation? How many investigations into such allegations had taken place?
Another Committee Expert said the Committee had received credible reports that students had been harassed for speaking out on Papuan and lesbian, gay, bisexual, transgender and intersex rights. Three students had been convicted of treason after displaying the morning star flag at their university. How were these measures in line with the Covenant? The Committee was concerned about legislation that criminalised defamation and “fake news”. Journalists had repeatedly run afoul of this overly broad legislation. The law contained a very broad definition of hate speech. How would the State party ensure that this law would not be misused to limit freedom of expression?
There were reports of online gender-based harassment. How was the State party combatting this? There were also shutdowns of webpages and internet services in Papua and West Papua over the reporting period. How would the State party ensure that all restrictions on internet access were proportionate and necessary?
Protesters had been arrested and charged with treason for organising and holding peaceful protests and creating protest materials in recent years. Protests held without prior notification were punished with up to six months imprisonment. How did these measures comply with the right to peaceful assembly? There were also over 300 reports in recent years of excessive use of force to disband peaceful assemblies. How would the State party protect peaceful protesters from the excessive use of force by officials?
A Committee Expert said an increasing number of children with intellectual disabilities were being taken away from their mothers and placed in institutions. What measures were in place to prohibit corporal punishment against children in schools and institutions? How was the State party working to improve care for children in conflict with the law? For how long could children be held in detention?
What progress had been made in issuing birth certificates for all persons to prevent statelessness? What progress had been made to adopt the draft law on the rights of customary communities? How was the State party working to prevent discrimination against members of such communities by State and non-State actors? Would the State party publish the census data collected on Papua and West Papua regions?
Responses by the Delegation
The delegation said that since 2021, a change had been made to legislation to grant Papua special autonomy. The national acceleration plan 2022-2024 ensured mainstreaming of development in cities and regional areas. Papua had its own legislature, with representatives from various local cultural groups. There were no laws preventing the establishment of political parties in Papua and there was no militarisation of Papua. Under the current peace operation, military personnel were deployed to areas where armed criminal groups launched attacks. The Government had trained its forces on respect for human rights and humanitarian law. Regulations for law enforcement officials were informed by relevant United Nations standards. Foreign journalists were permitted to enter Papua without restriction if they had a letter of reference.
The purpose of restrictions on freedom of expression was to ensure the rights of others and the religious and moral values of the State. Legislation on defamation had been subjected to numerous Constitutional reviews, and the Constitutional Court had confirmed that it was in line with the Constitution and the Covenant. The State party had taken actions to address the rapid spread of hoaxes inciting violence in Papua, limiting access to internet content. Limitations could be challenged in court. The Government was promoting an accountable and safe internet environment. By 2026, some overlapping criminal provisions, including on false information and defamation, would be replaced by the new Penal Code.
Religious rights were guaranteed under the Constitution. The State promoted diversity and tolerance. When conflicts related to religion occurred, the Government utilised a dispute resolution mechanism. Equal access to public services was provided to persons of all beliefs. The State had a roadmap for strengthening religious moderation and had established a working group on religious moderation. Advocacy of religious hatred was prohibited, and the new Penal Code would strengthen this prohibition. The ministerial regulation on construction of religious places of worship was being reviewed to allow the Ministry of Religious Affairs to assess construction applications. Civil offices were allocated as temporary worship houses for religious organizations that had not been permitted to construct houses of worship. The State party was working to ensure that all major religions had enough houses of worship.
The Constitution mandated the Central Government to recognise the cultural beliefs of specific regions, including Aceh. Aceh authorities could implement Sharia law on Muslim members of the populace. Local regulations were subject to legislative review by the Supreme Court. Flogging was no longer the primary punishment for several acts in Aceh but was considered a secondary punishment for more serious crimes.
Law enforcement officers had received training on human rights principles and the prevention of torture. Indonesia also had a multidisciplinary team for the prevention of torture and had initiated seminars on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment. Approximately 400 individuals had participated in the anti-torture training programme.
Every person who deliberately restrained persons with mental disabilities was punished in accordance with legal regulations. Since 2015, more than 2,000 cases of shackling had been resolved. A special taskforce had been set up to investigate allegations of violence against children in institutions and schools. The Government ensured the active participation of citizens, including those with disabilities, in political and public life. Voting stations included facilities for persons with physical disabilities, and support was provided for persons with mental disabilities.
Overcapacity was the main challenge of the correctional system. To address this, the Government had constructed 24 new prisons and renovated existing facilities. It had redistributed prisoners among these facilities. The current ratio of prisoners to wardens was one to 32. The new Penal Code would introduce restorative justice measures as primary punishments for young and elderly offenders and for minor offences. A multidisciplinary team conducted monitoring visits of prisons.
All children aged zero to 18 years had access to birth registration. Ninety-one per cent of children, or 73 million children, had been registered as of 2023. Distributing birth certificates had been made a national priority. The Government had adopted measures to improve birth registration in rural areas.
The State did not treat demonstrations in Papua differently from those in other regions. The Constitution guaranteed the freedom of assembly and expression. Police regulations on safeguarding demonstrators’ and the public’s safety during demonstrations and on breaking up demonstrations had been developed. Demonstrations could be dismantled if they were inciting hatred or disrupting society. Cases could be launched in courts against officers and demonstrators who committed human rights violations during demonstrations. Indonesia had regulations protecting the legitimate activities of human rights defenders. The Government refrained from interfering in judicial processes, including against human rights defenders.
Follow-Up Questions by Committee Experts
Committee Experts asked follow-up questions on whether the most recent amendment of the communications law had been reviewed in the Constitutional Court; whether the State party published reasons for removing internet content; whether the existing prior notification procedures for demonstrations impeded freedom of expression; on punishments handed down for the 2,000 cases of shackling dealt with by the State; on oversight for institutions for persons with mental disabilities; on plans to review legislation on the bargaining power of labour unions; on instances in which the police had acted to limit the activities of labour unions perceived to be threats; whether the State party conducted unannounced visits to institutions, and mechanisms to prevent and monitor abuse of children in institutional settings; and whether the Mendez Principles were referenced in training for police officers.
Responses by the Delegation
The delegation said a proposal for a constitutional review of the 2024 revision to the communications law had not been made. There were checks and balances for the system of blocking access to websites. Blocked websites showed instead a webpage with information on the reason for the restriction. There were mechanisms for lodging complaints on website blockages.
Security officials were required to respect regulations on the use of force, which needed to be proportionate and necessary. The use of firearms was only allowed in the most violent situations. The new Penal Code provided increased protections for the rights of protesters.
Youth centres provided protection and education to orphans. There were 4,800 youth centres in Indonesia, providing services for 100,000 children. Social centres provided support services for children who were homeless or were participating in antisocial activities. These were not detention centres.
Concluding Remarks
DHAHANA PUTRA, Deputy Minister for Human Rights, Ministry of Law and Human Rights of Indonesia, said Indonesia was proud to have participated actively in the dialogue, demonstrating the State party’s commitment to working closely with United Nations human rights mechanisms. This engagement was pivotal for identifying areas of improvement and means of addressing challenges. The State party would consider the Committee’s recommendations in formulating its next national action plan on human rights. It would translate the recommendations into suitable policies within the Indonesian context. The State party was committed to enhancing the protection of human rights domestically.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, expressed appreciation for the professionalism and dedication of the Indonesian delegation, and for the contributions of civil society and the national human rights institute to the dialogue. Concerns had been raised regarding the legal framework for the implementation of the Covenant; ratification of the Optional Protocols to the Covenant; access to justice; the independence of the judiciary; domestic violence; sexual and reproductive health rights and abortion rights; the death penalty; the rights of migrants, asylum seekers and refugees; prohibition of torture; freedom of religious belief; the right to peaceful assembly; and the rights of children and indigenous peoples, among others. The Committee was determined to ensure the highest possible level of implementation of the Covenant in Indonesia.
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