Weekly Update Human Rights in Indonesia – 01-12-2014 Impunity

Weekly Update Human Rights in Indonesia – 01-12-2014

Comments Impunity The Jakarta Globe, 30 November 2014

Pollycarpus released One of Indonesia’s most prominent human rights groups has called on President Joko Widodo to revoke a parole order which allowed the murderer of activist Kompas, 30-11-2014 Munir Said Thalib to walk free. The Commission for Missing Persons and Victims of Violence (Kontras), which was founded by Munir to advocate justice for the The conditional release of Pollycarpus Budihari Priyanto, convicted for the victims of abuses committed by the state, joined other human rights murder of human rights activist Munir, has been criticized by many. The decision organizations on Sunday in condemning the early release of Pollycarpus Budihari is considered to violate the feeling for justice in society, said the director of the Priyanto. Lembaga Bantuan Hukum Jakarta, Febi Yonesta, (29/11). According to Febi there are two governmental decisions (Peraturan Pemerintah Nomor 99 Tahun 2012 Putri Kanesia, head Kontras’ civil rights division, said the president has the power juncto Peraturan Menteri Hukum dan HAM Nomor M.2.PK.04-10 Tahun 2007) to overturn the order, which saw Pollycarpus freed on Friday after serving just that do not allow for remission when the crime is exceptionally cruel and violates eight years of a 14-year sentence for the deadly poisoning of Munir in 2004. “We human rights. Pollycarpus has been sentenced by the Supreme Court to 20 years also urge Jokowi [Joko] to tell the Justice and Human Rights Ministry to not give a imprisonment. However this sentence was changed into 14 years. With a number remission to Pollycarpus,” Putri was quoted as saying by news portal of occasions while in prison, he got reduction of his sentence so that he has in Tribunnews.com. total served about 8 years. Pollycarpus was released from Sukamiskin Penitentiary in Bandung, West Java, on Friday morning. He is now required to report regularly to parole officers and is forbidden to leave the country. The Justice Ministry’s director general of corrections, Handoyo Sudrajat, confirmed Pollycarpus’s release on Friday and said the newly installed minister, Yasonna.H. Laoly, had signed the parole document after agreeing that Pollycarpus had met the requirements for an early release.

Kontras spokesperson Putri said that all commissions in the House of Representatives (DPR) related to justice and human rights should review Munir’s

This Amnesty International Netherlands clipping service is made for Amnesty members and others interested in the human rights developments in Indonesia – for information only – not to be quoted as Amnesty information. For more information or to be included in or deleted from the mailing list, write to [email protected]. For back issues view http://www.marthameijer.org/page36.php

Weekly Update Human Rights in Indonesia – 01-12-2014 case, which is unsolved. “We also urge the fact-finding team looking into Munir’s decision] of course we will revisit the release, and I am open to criticism,” murder to publicly disclose the facts that they have found,” Putri said. Yasonna said.

Response by the government Rights groups have lined up to condemn the government over Pollycarpus’s release, with some suggesting that Munir’s case be looked at again. The Jakarta Globe, 01-12-2014 The activist’s life came to a painful end on Sept. 7, 2004, on board a flight from Indonesia’s justice minister has responded to mounting criticism over the early Jakarta to Amsterdam. Former Garuda Indonesia pilot Pollycarpus was seated release of Pollycarpus Budihari Priyanto, the murderer of prominent human next to Munir on the flight, which included a stop in Singapore to refuel and take rights advocate Munir Said Thalib. “We have to be able to respect the rights of all on more passengers. Pollycarpus was seen offering Munir a coffee at Singapore’s inmates regardless of the criticisms,” the minister, Yasonna H. Laoly, told Changi International Airport. A court later found that the drink had been spiked Detik.com on Monday. Pollycarpus was released on parole from Sukamiskin with arsenic. Munir reboarded the plane on to Amsterdam while Pollycarpus Penitentiary in Bandung on Friday after serving eight years of a 14-year sentence remained in Singapore. The activist and staunch critic of the Indonesian for the deadly poisoning of Munir in 2004. Yasonna, who signed the parole government and military died in agony before the plane landed in the document after agreeing to Pollycarpus’s release, said every inmate who had Netherlands. served two-thirds of their conviction was eligible for parole. Pollycarpus was sentenced to 20 years in prison for the murder but given 14 on The parole decision has led to a storm of criticism from human rights groups, who appeal. He applied for early release in November 2012 but it was not granted say it undermines President Joko Widodo’s talk of human rights protection while because he had applied for a case review at the same time. on the campaign trail. Yasonna, however, tried to distance himself and his office from the decision on Monday, saying the Justice Ministry was only responsible Febi Yonesta, the director of the Jakarta Legal Aid Foundation (LBH Jakarta), said for upholding the law and ensuring inmates’ rights were respected. “It’s not our Pollycarpus did not deserve parole as he had consistently refused to reveal the ministry that must act harshly; it should have been started at the court,” he said. alleged mastermind behind the murder — speculated to be from the ranks of the “We are only authorized to determine whether or not an inmate deserves to National Intelligence Agency (BIN). Muhammad Isnur, another lawyer at LBH have a sentence cut or be released on parole. Please do not force us to break the Jakarta, said the release had hurt the public’s and the country’s sense of justice. rules.” “During the verdict of the appeal in Pollycarpus’s case, the judges stated that However, he left the door open to a review of the decision, which has been Pollycarpus’s crime was inhumane and had humiliated Indonesia at an demanded by human rights activists. “If there was something wrong with it [the international level,” Muhammad said.

Weekly Update Human Rights in Indonesia – 01-12-2014

Freedom of Religion space for the religion empty, in compliance with the wish of some religious leaders. They have expressed the wish that the government allows for the inclusion of other faiths than the six that have been accepted. The Muslim Amnesty campaigning on freedom of religion organization, Majelis Ulama Indonesia has already stated its agreement with this In relation to the launch of Amnesty International’s report in Jakarta several side compromise (Kompas, 14/11). events have taken place. The research team spoke with government officials, human rights defenders and the press. Read a compilation here: Interfaith marriage https://storify.com/oblomqvist/a-week-in-indonesia The Jakarta Globe, 25 November 2014

Your religion on your ID-card Asked about their stance on interfaith marriage as part of a judicial review hearing at the Constitutional Court, three religious leaders on Monday offered Kompas, 27-11-2014 conflicting views, increasing the petitioners’ confidence in a successful outcome. The Minister for Religion, Lukman Hakim Saifuddin, has stressed that the noting In September, a group of University of Indonesia (UI) law students sought a of religion on the ID-cards will not be deleted. The space to note a person’s judicial review of Article 2(i) of the 1974 Marriage Law, which states that a religion will be retained as part of a person’s identity. ”The suggestion to delete marriage is only lawful “when entered in accordance with the laws of the that space on the ID-cards is not right. We will keep that,” said Lukman last th respective religions and beliefs of the parties.” Wednesday in Banjarmasin at the occasion of the 50 Dies Natalis of the Institut Agama Islam Negeri (State Institute for the Muslim Religion, IAIN). He also said This effectively outlaws interfaith marriages, given that nuptials conducted in one that it had not been his idea to delete that space as he is aware that religion is an religion will not be “in accordance” with the laws of another. The petitioners important aspect of a person’s identity, his feeling to belong to a people and to a argue that this clause violates their constitutional right to be allowed to get state. married as they choose to.

In Indonesia, six religions have been accepted and these are the main religions On Monday, the Constitutional Court held its second hearing in the case, listening for the Indonesia people, viz. Islam, Catholicism, Hinduism, Buddhism and to statements from representatives from the Bishops’ Conference of Indonesia Confucianism. A minority of Indonesians have a different religion of confession. (KWI), the Indonesia Hindu Dharma Association (PHDI) and the Supreme Council Those minorities, Lukman said, are currently what he is concerned about (saat ini for Confucian Religion in Indonesia (Matakin). pihaknya masih mengkaji hal itu). As reported earlier, the Minister of Home Affairs, Tjahjo Kumolo, has pleaded that people for the time being can leave the

Weekly Update Human Rights in Indonesia – 01-12-2014

Father Purbo Tantomo of KWI said that marriage is essential to human life and administrative. Without religion, the administratively passed marriage would that the state should not interfere in people’s pursuit of happiness. “A marriage is amount to mere cohabitation.” performed with the goal of happiness and nobody has the right to act against God’s will. The state’s job is to protect the individuals’ decision to live side by Damian Agata Yuvens, one of the petitioners, said in a statement on Monday that side” Father Purbo said, as quoted on the Court’s website. “The state is the differences in religious leaders’ opinions should be an important reason for responsible to protect marriages and families, but Article 2(i) [of the Marriage the Constitutional Court to grant the judicial review request. Law] has created difficulties for couples who want to get married.” “Let the religions and their respective institutions prohibit interfaith marriage, let “Marriage and faith are personal affairs. The state should not disrupt that, let the families prohibit it, but such prohibitions shouldn’t come from the state in alone infringe on someone’s rights. The two [the right to marry and keep one's the form of unclear regulations or the actions of officials. Indonesia is not a faith] should go hand in hand,” the priest said. country of a particular religion, and if the state only applies one religion’s rules, the state will be seen as a continuation of that particular religion’s view,” Damian I Nengah Dana from PHDI said Hinduism does not recognize interfaith marriage. said. “Marriage is formalized with a rite called Wiwaha Samskara led by a cleric, so both [bride and groom] should be Hindu,” he said. Marriage conducted between Death penalty couples of different religions was not legitimate, he said, and would in fact amount to adultery. Executions pending Uung Sendana, from Matakin, stressed the importance of people’s happiness, but The Jakarta Globe, 28-11-2014 said there were limits to what religious could offer in this regard. “A marriage should be conducted to achieve happiness and continue the blood line. No The Attorney General’s Office said five inmates who are currently on death row political view, ethnicity, understanding, culture or even religion can stop it,” he will be executed by the end of the year. Basuni Masyarif, deputy attorney general said. “However, an interfaith wedding cannot be conducted with a Confucian for general crimes, said the five condemned prisoners have all exhausted their ceremony.” chances for appeal as well as failing to secure a pardon from President Joko Widodo. “Their rights have all been exhausted. So it now comes to the technical During the first hearing, in October, a lawyer for the Islamic Defenders Front aspect [of when and where],” he said. Basuni declined to provide any further (FPI), said marriage regulations have to be based on religion. “The state [should details about the inmates’ identities, saying only that two of the prisoners respect] the regulation that every believer should obey their respective religion,” scheduled for execution this year are Nigerians. The five inmates are imprisoned said Mirza Zulkarnaen. “A marriage would not be legitimate if it’s only in Banten, Riau and Jakarta.

Weekly Update Human Rights in Indonesia – 01-12-2014

Indonesia resumed the execution of death-row inmates in 2013 after a four-year Kompas, 26-11-2014 moratorium, killing five people by firing squad. Basuni said the five were supposed to be executed last year. ON 25 November 2014 around 250 labourers of PT Freeport Indonesia have been demonstrating in the subdistrict of Tembagapura, Kabupaten Mimika, Papua. Capital punishment is an option for Indonesian judges as a sentencing option for They demanded that the management fire 53 workers who are considered to be several convictions, including drug trafficking, murder, sedition and terrorism. agents provocateurs during the Freeport demonstrations during the month of October. According to Tembagapura police information the 250 workers The law says inmates must be informed of their execution 72 hours before it is represented seven different ethnic groups that have a right to use the land (hak carried out by firing squad. Basuni said the government will execute at least 10 ulayat), viz. the Amungme, Kamoro, Dani, Damal, Ekari, Mee, and Moni. Seven prisoners each year, in a bid to reduce the backlog of people handed the death workers gave a speech and announced twelve demands, among which was the penalty. demand to fire the 53 “spies” and they rejected the agreement of CEO Freeport- McMoran James Bob Moffett and the labour union Serikat Pekerja Seluruh As of 2013, campaigners against the death penalty recorded that there are 113 Indonesia (SPSI). One of the issues in the agreement is the establishment of a prisoners awaiting execution but since then, more than 16 have been sentenced Arbitration Council (Dewan Arbitrase) with three members, one from SPSI,one to death by Indonesian judges. from Freeport, and one independent member. Monitoring by Kompas showed Separately, new attorney general H.M. Prasetyo said Joko was not planning to that around three o’clock pm dozens of workers had closed the only road to abolish capital punishment any time soon and that the president would provide Freeport’s harbor Amamapare. The deputy head of the Papua police, Paulus no clemency for people trafficking drugs into the country. Joko “said he will be Waterpauw, said that he had ordered 800 men to restore order in Tembagapura. firm,” the attorney general said as quoted by Viva News. “We want to send a warning [to international drug syndicates] that Indonesia doesn’t want to be a Women’s rights stopping place, market or even producer [of narcotics].”

Human rights activists have condemned the resumption of capital punishment Pencak Silat for women and demanded Joko end capital punishment. Kompas, 26-11-2014 Social and Economic Rights In the context of the day against violence against women (25 November) there was a manifestation in Jakarta, advocating women to practice pencak silat, for their own safety. According to the Annual report of the National Commission Social unrest in Mimika

Weekly Update Human Rights in Indonesia – 01-12-2014 against violence against women, Komnas Perempuan, there were 4336 cases of Akil Mochtar. The Court rejected the request for appeal and confirmed the sexual violence against women in 2012, and 5629 cases in 2013. sentence by the Anti-Corruption Court Tipikor.

Additionally to the increasing numbers, the handling of cases is very slow. |In the Candidates for the Presidency of KPK area of Jakarta, for instance, from the 35 cases that are being supported by Lembaga Bantuan Hukum Asosiasi Perempuan Indonesia untuk Keadilan (LBH Kompas, 25-11-2014 APIK) Jakarta, only two cases have been convicted by the court, where as one A member of the selection committee for the candidates of the presidency of the case is being processed in the court and 32 are still in the hands of police and Anti-Corruption Commission KPK, Komaruddin Hidayat, has stressed that the prosecutor. According to the director of LBH APIK Jakarta, Ratna Batara Munti, selection committee has presented its choice in a strict and transparent way. Two these data are proof of the failure of the state to respect, to fulfill, and to protect names have been forwarded to the Parliament (DPR), viz. Busyro Muqoddas and women’s human rights. Roby Arya Brata (Expert Staff Member of the Cabinet Secretary). They are the best, he said. He made this statement in response to the proposal by the #rd commission of the DPR to review the selection. The chairperson of the selection committee, Amir Syamsuddin, also said that the work of the selection committee had been carried out in compliance with the law.

Golkar split Kompas, 26-11-2014 In the context of the day against violence against women (25 November) there was a manifestation in Jakarta, advocating women to practice pencak silat, for their own safety. The rivalry around the chairmanship of Golkar has resulted in a complete split of the political party, even in a physical fight in the Golkar office, on 25 November Political developments 2014. A Special Presidium to Save the party has been established. The National Congress will not be postponed. The Special Presidium that will be led by deputy Corrupt Judge’s life sentence confirmed chairman Agung Laksono, has planned the Congress to take place separately from the National Congress that is being organized by current Aburizal Bakrie. The Kompas, 25-11-2014 The High Court of Jakarta has confirmed the verdict of National Congress that is organized by the Presidium will at the latest take place lifelong imprisonment against the former chairman of the Constitutional Court in Jakarta in January 2015, whereas the group of Aburizal Bakrie maintains its Congress in Bali, 30 November till 4 December.