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USGov: Indonesia Country Reports on Human Rights Practices for 2013 (part 1 of 2)

February 28, 2014

USGov: Indonesia Country Reports on Human Rights Practices for
2013 (part 1 of 2)
Bureau of Democracy, Human Rights and Labor

Country Reports on Human Rights Practices for 2013

Indonesia

Permalink:
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=3D2013=
&dlid=3D220196

EXECUTIVE SUMMARY
Indonesia is a multi-party democracy. In 2009 voters re-elected Susilo Bambang
Yudhoyono as president. Domestic and international observers judged the 2009
legislative and presidential elections free and fair. Authorities generally
maintained effective control over security forces; however, there were
instances in which elements of the security forces committed human rights
abuses.

The government failed to conduct transparent and credible investigations into
some allegations of extrajudicial killings by security forces. The government
did not always protect the rights of religious and social minorities and
economically marginalized citizens. The government applied treason and
blasphemy laws to limit freedom of expression by peaceful independence
advocates in the provinces of Papua and West Papua and by religious minority
groups.

Corruption, abuse of prisoners and detainees, harsh prison conditions,
trafficking in persons, child labor, and failure to enforce labor standards
and worker rights continued as problems.

On some occasions the government punished officials who committed abuses, but
judicial sentencing often was not commensurate with the severity of offenses,
as was true in other types of crimes.

Separatist guerrillas in Papua killed members of the security forces and
injured others in several attacks.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary or Unlawful Deprivation of Life

There were several reports that the government or its agents committed
arbitrary or unlawful killings during the year. Teams of investigators
appointed by the Indonesian military (TNI) are responsible for investigating
and evaluating whether killings by military personnel were justified. The
Ethics Division of the Indonesian National Police (INP) is responsible for
investigating and evaluating whether killings by police personnel were
justified. The generally well-regarded National Human Rights Commission
(Komnas HAM) also investigates cases of suspected abuse; however, security
forces often do not fully cooperate with it. During the year human rights
groups and the media reported that both military and police personnel
committed unjustified killings, some of which were not investigated
transparently.

On March 23, between 12 and 14 members of Army Special Forces (Kopassus) Group
2 forcibly entered Cebongan Prison in Yogyakarta, Central Java, and executed
four prisoners whom police had arrested for their suspected roles in the
murder of a Kopassus member. Komnas HAM conducted an independent inquiry into
the event and determined that it constituted a human rights violation, a
conclusion publicly contradicted by the defense minister and the commanding
general of Kopassus. Further, Komnas HAM found that both police and the
military bore responsibility for the incident. The military tribunal
prosecuted only 12 enlisted soldiers, including several senior noncommissioned
officers, for their roles in the killings; human rights groups, however,
alleged that senior Kopassus Group 2 commissioned officers encouraged police
to transfer the prisoners to a less secure facility and then either directed
the actions of their subordinates who carried out the raid or were willfully
ignorant of the preparations for the attack. The military tribunal convicted
the 12 enlisted soldiers of offenses ranging from dereliction of duty to
premeditated murder and handed down sentences ranging from approximately four
months to 11 years.

Human rights groups and Komnas HAM criticized police, including the
country=92s counterterror unit Detachment 88, for using excessive force in
several cases in which security forces shot and killed suspected terrorists.
The lack of transparent investigations into the allegations of excessive force
made it difficult to confirm the facts, and police statements regarding the
incidents frequently contradicted witness accounts. For example, on July 22,
personnel from Detachment 88 shot and killed two suspected terrorists and
arrested two others in Tulungagung, East Java. According to police, one of the
suspects fired on police. Witnesses at the scene, however, reported that the
suspects offered no resistance and were shot without warning.

Violence continued to affect the provinces of Papua and West Papua during the
year, and much of it linked to the Papuan separatist movement. For example, on
February 21 and 22 in Papua=92s restive highlands region, separatist Free
Papua Movement guerrillas under the command of Goliath Tabuni attacked and
killed eight soldiers and several civilians in two separate attacks. In the
first attack, approximately 20 guerrillas attacked a military outpost near
Puncak Jaya, killing one soldier and burning his corpse. The following day,
the group ambushed a group of off-duty soldiers in the area, killing seven
soldiers and two to four civilians.

In a separate incident, security forces shot and killed two and injured three
alleged members of a pro-independence group in Sorong, West Papua, April 30.
The group reportedly had gathered to plan a prayer service that was to include
raising the outlawed Morning Star Flag to mark the May 1 anniversary of
Papua=92s integration as part of Indonesia. When unmarked police vehicles
arrived, some members of the group allegedly confronted the officers and
damaged one of the cars. The ensuing violence left two dead and three injured.
Authorities charged seven people with =93rebellion= =94 for their roles in
planning the demonstration.

The lack of transparent investigations continued to hamper accountability in a
number of cases, including the 2012 killings by members of the security forces
of Mako Tabuni and Tejoli Weya, and the 2011 killing of three individuals
during the forced dissolution of the Third Papuan People=92s Congress.

On October 7, the Supreme Court reduced Pollycarpus Budihari Priyanto=92s
sentence for his role in the murder of human rights activist Munir Said Thalib
from 20 to 14 years. The sentence reduction was the latest in a series of
convictions, acquittals, and changes in sentence length for Priyanto dating
back to his initial conviction in 2004. Although human rights groups continued
to allege that members of the intelligence services were involved in Munir=92s
murder, the investigation appeared inactive.

b. Disappearance
There were no reports of politically motivated disappearances during the year.
The government and civil society organizations reported little progress in
accounting for persons who disappeared in previous years or in prosecuting
those responsible for such disappearances.

In 2009 the House of Representatives (DPR) approved the formation of an ad hoc
court to pursue investigations of and possible prosecutions for the 1998
abductions of prodemocracy activists. At year=92s end the government had not
established this ad hoc court.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution states that every person shall have the right to be free from
torture and other cruel, inhuman, and degrading treatment. The law
criminalizes the use of violence or force by officials to elicit a confession,
punishable by up to four years in prison, but the criminal code does not
specifically criminalize torture. In previous years law enforcement officials
widely ignored allegations of torture and rarely were tried under this
statute. More recently the government made some efforts to hold members of the
security forces accused of acts of torture accountable, but these efforts did
not constitute full accountability. There were reports that members of
security forces blindfolded detainees for more than 48 consecutive hours and
beat detainees with fists, sticks, cables, iron bars, and hammers. Some
detainees reported that police personnel subjected them to electric shock,
burned them, or placed heavy implements on their feet.

Local nongovernmental organizations (NGOs) reported that torture continued to
be commonplace in police detention facilities. The NGO Commission on the
Disappeared and Victims of Violence (KontraS) reported that between July 2012
and June 2013, it received 100 reports of torture with a total of 219 victims.
A disproportionate number of these incidents occurred in economically
marginalized regions.

On December 20, 2012, unknown assailants shot and killed four members of the
INP Mobile Brigade (Brimob) assigned to Poso, Central Sulawesi, a historical
hot bed for Islamist insurgents. In the hours after the killings, Brimob
personnel arrested 14 residents of Kalora village in Poso. After seven days,
authorities released all of the suspects due to lack of evidence. Upon their
release, five of the suspects alleged that Brimob personnel had blindfolded
them for periods in excess of 48 hours, beaten them with fists and blunt
objects, and threatened to kill them while inserting pistol barrels into the
suspects=92 mouths. Personnel from the INP Ethics Division investigated the
allegations, and authorities charged five Brimob personnel with maltreatment.
On July 29, a Central Sulawesi court convicted the five and sentenced them to
18 weeks in prison, slightly less than the 20 weeks prosecutors sought and
significantly less than the five-year sentence the law allows.

Between January and August, authorities in Aceh publicly caned three people
for violations of sharia (Islamic law), down sharply from 2012 when they
publicly caned 49 individuals.

Prison and Detention Center Conditions
Conditions at the country=92s 428 prisons and detention centers were sometimes
harsh and life threatening. During the year prison conditions came under
increased scrutiny due to the extrajudicial killings at Cebongan Prison (see
section 1.a.) and riots caused by rampant overcrowding.

Physical Conditions: In August data from the Ministry of Law and Human Rights
indicated that there were 156,958 prisoners and detainees in the system,
compared with the 108,311 the prison and detention centers properly should
hold. Prisons and detention centers in the Jakarta region were operating at
145 percent of capacity. For example, according to the government, the
Cipanang Prison in Jakarta, designed for 880 prisoners, held 2,826.

Government data indicated that approximately 5.1 percent of inmates were women
and 3.3 percent were juveniles. According to the Directorate General for
Corrections, in August there were 3,198 juvenile convicted prisoners and 1,909
juvenile pretrial detainees.

By law children convicted of serious crimes should serve their sentences in
juvenile prisons. By law prisons held those convicted by courts, while
detention centers held those awaiting trial, but officials at times held
pretrial detainees with convicted prisoners.

Authorities generally held female prisoners in separate facilities. In prisons
that housed both male and female prisoners, female prisoners were held in
separate cell blocks from male prisoners. According to NGO observers, the
conditions in female prisons tended to be significantly better than those in
male prisons, with less violence and a more hygienic environment, but female
cell blocks within prisons that held prisoners of both genders did not always
have access to the same amenities as their male counterparts, such as exercise
and library facilities.

According to government figures, 279 prisoners died in custody between January
1 and June 30. Of those, 220 died as a result of pre-existing medical
conditions, 10 committed suicide, five died from wounds sustained during
incidents of inmate on-inmate violence, and 44 died from =93other causes.=94

NGOs noted authorities sometimes did not provide prisoners adequate medical
care. Human rights activists observed that authorities did not deny medical
care to prisoners based on their crimes, but rather due to a lack of available
resources. International and local NGOs reported that in some cases prisoners
did not have ready access to clean drinking water.

Guards regularly extorted money from inmates for basic amenities such as
mattresses and allowed wealthy prisoners to pay for special privileges. The
use and manufacture of illicit drugs in prisons was a serious problem. There
were widespread reports the government did not supply sufficient food to
prisoners, and family members often brought food to supplement their
relatives=92 diets. Family members reported prison officials often sought
bribes to allow relatives to visit inmates.

Administration: Recordkeeping was considered adequate. The criminal procedure
code does not incorporate alternatives to imprisonment for nonviolent
offenders. Authorities permitted prisoners and detainees religious observance
and reasonable access to visitors, although this access reportedly was limited
in some cases. The government actively monitored prison and detention center
conditions.

Authorities permitted prisoners and detainees to submit complaints to judicial
authorities without censorship and to request investigation of credible
allegations of inhumane conditions.

The national ombudsman can advocate on behalf of prisoners and detainees on a
variety of issues, including monitoring conditions and treatment of prisoners;
addressing the status and circumstances of confinement of juvenile offenders;
and improving pretrial detention, bail, and recordkeeping procedures to ensure
that prisoners do not serve beyond the maximum sentence for the charged
offense. In the past the ombudsman has investigated prison issues and
communicated his findings to the minister of law and human rights and the
Supreme Court. The Ombudsman=92s Office and the Directorate General for
Correctional Facilities signed a Memorandum of Understanding on Supervision of
Public Service for detainees and prisoners.

Independent Monitoring: Since 2009 the government has denied the International
Committee of the Red Cross (ICRC) access to monitor prison conditions and
treatment of prisoners nationwide, including the ability to meet and speak
privately with prisoners.

d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention but lacks adequate
enforcement mechanisms. Some authorities violated these provisions.

Role of the Police and Security Apparatus
The president appoints the national police chief, subject to confirmation by
the DPR. The police chief reports to the president but is not a full member of
the cabinet. The INP has approximately 420,000 personnel deployed in 31
regional commands in 33 provinces. The police maintain a centralized
hierarchy; local police units formally report to the national headquarters.
The military is responsible for external defense; however, territorial forces
within the military are individually charged with deterring and overcoming
domestic threats within their respective commands. These domestic functions
may include supporting police in performing domestic security operations and
resolving intermittent communal conflicts. A presidential instruction issued
in January and a subsequent memorandum of understanding between the INP and
the TNI further elaborated on the military=92s role in resolving communal
conflicts.

In Aceh the Sharia Police, a provincial body, is responsible for enforcing
sharia.

The Internal Affairs Division and the National Police Commission within the
INP investigated complaints against individual police officers. Additionally,
Komnas HAM and NGOs conducted external investigations with the knowledge and
cooperation of the police. During 2012, 4,154 officers received disciplinary
infractions.

On September 11, a longtime rivalry between two Islamic schools led to the mob
killing of Eko Mardi Santoso, who was suspected of involvement in the
vandalism of one of the schools in Puger, East Java (see section 6, Other
Societal Violence). Police officials reportedly were present during the
vandalism but arrested no one at that time. In the days following the
violence, police arrested 10 individuals in relation to the attack on the
school and seven others for their roles in Santoso=92s murder.

Impunity and corruption remained problems.

Arrest Procedures and Treatment of Detainees
The law provides prisoners with the right to notify their families promptly
and specifies that warrants must be produced during an arrest. Exceptions are
allowed if, for example, a suspect is caught in the act of committing a crime.
The law allows investigators to issue warrants; however, at times authorities
made arrests without warrants. A defendant may challenge the legality of his
arrest and detention in a pretrial hearing and may sue for compensation if
wrongfully detained; however, defendants rarely won pretrial hearings and
almost never received compensation after being released without charge.
Military and civilian courts rarely accepted appeals based on claims of
improper arrest and detention. Suspects have the right to bail and to be
notified of the charges against them. By law suspects or defendants have the
right to legal counsel of their choice at every stage of an investigation.
Court officials will provide free legal counsel to persons charged with
offenses that carry a death penalty or imprisonment of 15 years or more, or to
destitute defendants facing charges that carry a penalty of five years or
more.

Arbitrary Arrest: There were reports of arbitrary arrest by police and
security forces. On December 20, 2012, in response to the murder of four INP
Brimob personnel, police arrested 14 residents of Kalora village, Poso,
Central Sulawesi. Authorities held the 14 suspects for seven days, during
which Brimob personnel physically abused some of them (see section 1.c.)
before releasing them due to lack of evidence.

Pretrial Detention: The law limits periods of pretrial detention. Police are
permitted an initial 20-day detention, which can be extended to 60 days by the
prosecutors while the investigation is being completed; prosecutors may detain
a suspect for a further 30 days during the prosecution phase and may seek a
20-day extension from the courts. The district and high courts may detain a
defendant up to 90 days during trial or appeal, while the Supreme Court may
detain a defendant 110 days while considering an appeal. Additionally, the
court may extend detention periods up to another 60 days at each level if a
defendant faces a possible prison sentence of nine years or longer or if the
individual is certified to be mentally disturbed. During the year authorities
generally respected these limits. The antiterrorism law allows investigators
to detain for up to four months any person who, based on adequate preliminary
evidence, is strongly suspected of committing or planning to commit any act of
terrorism; thereafter charges must be filed.

Amnesty: As in previous years, the government offered remissions ranging from
a few days to six months as a reward for good behavior while incarcerated to
most prisoners. During the year the government issued implementing regulations
for a 2012 revision to the law that governs remissions. The new regulations
place stricter conditions on the offer of remission to those convicted of
crimes related to graft, terrorism, and illicit drugs after November 2012.

e. Denial of Fair Public Trial
The law provides for an independent judiciary; however, the judiciary remained
susceptible to influence from outside parties, including business interests,
politicians, and the security forces. In the past low salaries and poor
oversight encouraged acceptance of bribes, and pressure from government
authorities and other groups appeared to influence judges and the outcome of
cases. A November 2012 regulation, however, authorized a 300 percent increase
in judges=92 salaries. The increases took effect in January.

During the year Komnas HAM found that employees of the Attorney General=92s
Office (AGO) had failed to obtain legal certainty, prevent arbitrary arrests
and detentions, deliver justice through a fair and honest legal process, and
secure the rights of four employees of Chevron Indonesia who were involved in
a civil case. The AGO prosecuted the employees on corruption charges for their
roles in a bioremediation project in Sumatra, with two receiving five-year
sentences.

At times authorities did not respect court orders, and decentralization
created additional difficulties for the enforcement of these orders. For
example, local authorities in the city of Bogor continued to disregard a 2010
Supreme Court decision related to a construction permit for GKI Yasmin Church.
In September 2012 local authorities again denied the congregation=92s request
to begin construction.

During the year military courts tried a number of low-level and sometimes mid
level soldiers for offenses that, among others, involved civilians or occurred
when the soldiers were not on duty. If a soldier was suspected of committing a
crime, military police investigated and then passed their findings to military
prosecutors, who decided whether to prepare a case. Under the law military
prosecutors are accountable to the Supreme Court; however, military
prosecutors were responsible to the TNI for the application of laws.

A three-person panel of military judges heard trials, while the High Military
Court, the Primary Military Court, and the Supreme Court heard appeals. Civil
society organizations and other observers criticized the short length of
prison sentences imposed by military courts.

Four district courts located in Surabaya, Makassar, Jakarta, and Medan are
authorized to adjudicate cases of systematic gross human rights violations
with the recommendation of Komnas HAM. The law provides for each court to have
five members, including three non-career human rights judges, who are
appointed to five-year terms. Verdicts can be appealed to the standing
appellate court and the Supreme Court. The law provides for internationally
recognized definitions of genocide, crimes against humanity, and command
responsibility, but it does not include war crimes as a gross violation of
human rights, nor does it require the prosecution of commanders in crimes
perpetrated by subordinates. As in previous years, none of the four district
courts heard or ruled on any cases during the year.

Under the sharia court system in Aceh, 19 district religious courts and one
court of appeals heard cases. The courts heard only cases involving Muslims
and used decrees formulated by the local government rather than the penal
code. Critics argued that regulations for the implementation of sharia were
procedurally ambiguous, leading to inconsistencies in its application. For
example, defendants had a right to legal aid, but this right was
inconsistently implemented. Although sharia cases were supposed to be tried in
closed hearings, during the year there were numerous problems with trial
proceedings going forward in open court.

Trial Procedures
The constitution provides for the right to a fair trial, and the judiciary
generally enforced this right. The law presumes defendants are innocent until
proven guilty. Defendants are informed promptly and in detail of the charges
and they have the right to confront witnesses and call witnesses in their
defense. An exception is allowed in cases in which distance or expense is
deemed excessive for transporting witnesses to court; in such cases sworn
affidavits may be introduced. In some cases courts allowed forced confessions
and limited the presentation of defense evidence. Defendants have the right to
avoid self-incrimination. In each of the country=92s 804 courts, a panel of
judges conducts trials by posing questions, hearing evidence, deciding on
guilt or innocence, and imposing punishment. Both the defense and prosecution
can appeal. Defendants may access the prosecution=92s evidence through
application to the hearing panel=92s presiding judge.

The law gives defendants the right to an attorney from the time of arrest and
at every stage of examination and requires that defendants in cases involving
capital punishment or a prison sentence of 15 years or more be represented by
counsel. In cases involving potential sentences of five years or more, the law
requires an attorney be appointed if the defendant is indigent and requests
counsel. In theory indigent defendants may obtain private legal assistance,
and NGO lawyer associations provided free legal representation to indigent
defendants. For example, Jakarta Legal Aid handled 917 cases during 2012. The
law extends these rights to all citizens. In some cases procedural
protections, including those against forced confessions, were inadequate to
ensure a fair trial. There were reports from Papua that defendants did not
have access to attorneys of their choosing and that authorities denied them
adequate time and facilities to prepare a defense. Also, there were reports
that suspects in terrorism related cases did not have access to attorneys of
their choosing. With the notable exceptions of sharia court proceedings in
Aceh and some military trials, trials are public.

Political Prisoners and Detainees
In June international NGOs estimated that there were more than 70 political
prisoners. Most were prosecuted under treason and conspiracy statutes for
actions related to the display of banned separatist symbols, and many were
serving lengthy sentences (see section 2.a.). Government officials affirmed
publicly that they would not tolerate the display of separatist symbols and
denied that they held any political prisoners, observing that those held for
crimes related to calls for independence in Papua and Maluku were criminals.

A number of independence activists from the Papua and Maluku regions,
including Johan Teterissa, were in detention or prison for peacefully
expressing their political views. As in years past, the government arrested
and prosecuted citizens in Papua and West Papua provinces for raising a banned
separatist flag.

On May 13, police in Papua arrested independence activist Victor Yeimo for
organizing an unauthorized demonstration. Yeimo had reportedly organized the
unauthorized demonstration to call for an investigation into the April 30
killing of three would-be demonstrators by police in Sorong, West Papua (see
section 1.a.). At year=92s end Yeimo was serving the remainder of a three-year
sentence for a previous conviction related to treason and incitement charges.

On July 24, a court on Serui Island in Yapen Islands Regency, Papua Province,
sentenced Edison Kendi and Yan Piet Maniamboi to two years and 18 months in
prison, respectively, for their roles in the Yapen Indigenous People=92s Day
observances. Lawyers for both men alleged significant flaws in the judicial
process, including witness intimidation, manufacturing of evidence, and
prejudicial trial procedures. The court released both Kendi and Maniamboi
while their convictions were appealed.

Local human rights activists reported that local activists and family members
generally were able to visit political prisoners, although authorities held
some prisoners on other islands far from their families.

Civil Judicial Procedures and Remedies
The civil court system can be used to seek damages for victims of human rights
violations; however, widespread corruption and political influence limited
victims=92 access to this remedy.

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The law requires judicial warrants for searches except for cases involving
subversion, economic crimes, and corruption. Security forces generally
respected these requirements. The law also provides for searches without
warrants when circumstances are =93urgent and compelling=94 and for the
execution of warrantless wiretaps by the Anticorruption Commission (KPK).

Security officials occasionally broke into homes and offices. Authorities
occasionally conducted warrantless surveillance on individuals and their
residences and monitored telephone calls. Some international and domestic NGOs
warned that a 2011 law authorizing the State Intelligence Agency to conduct
surveillance and intercept communications could empower the government to
stifle journalists, political opponents, and human rights activists.

The government used its authority to expropriate or facilitate private
acquisition of land for development projects, often without fair compensation.
In other cases state-owned companies were accused of endangering resources
upon which citizens=92 livelihood depended. An eminent domain law allows the
government to appropriate land for the public good against the owner=92s
wishes provided that the government gives compensation.

Land access and ownership remained major sources of conflict during the year.
Numerous competing laws and regulations allowed for multiple parties with
equally legitimate claims to the same piece of land. During the year security
forces sometimes evicted those involved in land disputes without due process,
often siding with business claimants over poorer residents. The Agrarian
Reform Consortium (KPA) recorded 198 agrarian conflicts during 2012. According
to KPA, these conflicts involved 141,915 families and 963,411 acres of land.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press
The constitution and the law provide for freedom of speech and press. The
government used laws against advocacy of separatism to restrict the ability of
individuals in Papua and West Papua provinces to criticize the government
publicly and peacefully advocate for independence. While there was a vigorous
free press, the government and private actors at times restricted the exercise
of these rights.

Freedom of Speech: Individuals and organizations have the right to criticize
the government publicly and privately and could discuss almost all matters of
public interest without reprisal. The law criminalizes content that advocates
separatism. Some NGOs and other organizations alleged government monitoring of
their organizations, and government application of treason laws in cases of
peaceful calls for separatism in Papua limited the rights of individuals to
engage in speech deemed to be pro-separatist. On May 1, police in Sorong and
Timika reportedly arrested 21 Papuans for raising banned separatist flags and
calling for Papuan independence.

Press Freedoms: The independent media were active and expressed a wide variety
of views; however, regional- and national-level regulations were at times used
to restrict the media. The government continued to restrict foreign media from
traveling to the provinces of Papua and West Papua by requiring them to
request permission to travel through the Foreign Ministry or an Indonesian
embassy. The government approved some requests and denied others ostensibly
for reasons regarding the safety of foreign visitors. Advocates for press
freedom alleged that an interministerial group reviewed requests by foreign
journalists and that the TNI and intelligence services prevented international
journalists=92 visits to the region.

Violence and Harassment: The Alliance of Independent Journalists (AJI)
reported that there were 100 cases of violence directed at journalists in
2012, up slightly from 96 in the previous year. The AJI reported that
authorities sometimes were slow to investigate crimes of violence against
journalists and cited the unsolved 1996 killing of journalist Fuad Muhammad
Syafruddin as an example. Unknown assailants killed Syafruddin in 1996 after
he wrote several stories about official corruption in Yogyakarta. The statute
of limitations in the case expires in August 2014.

On March 26, thousands of supporters of the candidacy of Gorontalo=92s
incumbent mayor attacked and occupied the state television station, TVRI
Gorontalo, after the station broadcast a report on a corruption ruling against
the mayor. The supporters physically struck and intimidated several
journalists for refusing to erase the recordings of the violence. Following
demands from the mob, TVRI apologized for the report. Police arrested several
individuals, and the mayor was barred from the election.

Censorship or Content Restrictions: The AGO has the authority to monitor
written material and request a court order to ban written material.

Under the Blasphemy Law, =93spreading religious hatred, heresy, and
blasphemy=94 is punishable by up to five years in prison. Protests by hard-
line groups or conservative clerical councils typically prompted local
authorities to take action under the law. On July 24, prosecutors charged two
men in Sukabumi with blasphemy after a hard-line group protested and demanded
a punishment because the two had =93insulted religion.=94 Prior to their
arrest, hard-line groups had complained to police that the two men had
provided deviant Islamic teachings to young people and had encouraged the
youths to convert in exchange for material rewards.

Although the Papua Special Autonomy Law permits flying a flag symbolizing
Papua=92s cultural identity, a government regulation prohibits the display of
the Morning Star flag in Papua, the Republic of South Moluccas (RMS) flag in
Maluku, and the Free Aceh Movement (GAM) Crescent Moon flag in Aceh. There
were no reported new arrests related to the display of the RMS flag, but
police continued to imprison individuals for raising the Morning Star flag in
Papua. According to NGOs, between June and September, authorities arrested
more than 40 people in Papua for flag-related offenses. Police held most of
them for one to three days before releasing them. The GAM flag became a source
of controversy again in March, when Aceh=92s legislature passed a regulation
making it the province=92s official flag. At year=92s end the provincial
government had ye= t to implement the regulation due to complaints from the
central government.

Internet Freedom
The government attempted to restrict access to the internet via the 2008
Information and Electronic Transaction Law. The law, meant to combat online
crime, pornography, gambling, blackmail, lies, threats, and racism, prohibits
citizens from distributing in electronic format any information that is
defamatory and punishes transgressors with a maximum of six years in prison or
a fine of rupiah (IDR) 1 billion ($87,500) or both. According to a November
2012 industry survey, there were 61 million internet users (an estimated 25
percent of the population), an increase of 10 percent over 2011. Of these, 58
million typically accessed the internet using a mobile device such as a smart
phone or tablet.

Alexander Aan continued to serve a 30-month prison sentence for posting
statements and material that a local council of Muslim clerics deemed
atheistic and blasphemous. Aan was convicted in 2012 for violating an article
of the law that forbids =93knowingly and without authority=94 disseminating
information designed to inflict =93hatred or dissension on individuals and/or
certain groups of community based on ethnic groups, religions, races, and
intergroups.=94

The Ministry of Communications and Information Technology continued to request
internet service providers (ISPs) to block access to pornographic websites and
other offensive content. The ministry did not have any internal mechanisms to
block the websites in question. Enforcement of these restrictions depended
upon individual ISPs, and a failure to enforce these restrictions could result
in the revocation of an ISP=92s license.

In July the Ministry of Information and Telecommunications reportedly directed
ISPs to block access to www.ourvoice.or.id, a website maintained by a lesbian,
gay, bisexual, and transgender (LGBT) advocacy group in Jakarta. Some ISPs
complied with the guidance.

Academic Freedom and Cultural Events
The government continued restrictions on cultural events. Generally it did not
restrict academic freedom; however, in December 2012 Malikusalleh University
in Lhokseumawe, Aceh, dismissed law lecturer Mirza Alfath for writing a
Facebook post that was critical of sharia.

Critics feared that the definition of pornography in the antipornography law
could be used to justify attacks on artistic, religious, and cultural freedom.
The law includes provisions allowing citizens to =93supervise=94 adherence to
the law. In 2010 the Constitutional Court ruled the law constitutional and not
in violation of the freedom of religion and expression provisions of the
constitution.

During the year the government-supervised Film Censorship Institute continued
to censor domestic and imported movies for content deemed pornographic and
religiously or otherwise offensive. As recently as 2011, the Film Censorship
Institute censored politically sensitive films. Societal pressure led to self
censorship by some media outlets.

b. Freedom of Peaceful Assembly and Association

Freedom of Assembly
The law provides for freedom of assembly, and the government generally
respected this right. The law requires demonstrators to provide police with a
written notification three days before any planned demonstration and for
police to issue a receipt for the written notification. This receipt acts as a
de facto license for the demonstration. Police in Papua routinely refused to
issue receipts of notification to would-be demonstrators on the grounds that
the demonstrations would likely involve calls for independence, an act that is
prohibited under the same law.

Some LGBT advocacy groups reported encountering similar difficulties, as
police refused to issue receipts when demonstrators notified them of a planned
demonstration.

During the year police arrested participants in peaceful demonstrations that
included the display of illegal separatist symbols (see section 2.a.).

During the year there were a number of large demonstrations throughout Papua;
most were conducted in accordance with the law and remained peaceful. On May
1, however, during protests commemorating the transfer of Papua and West Papua
from the Netherlands to Indonesia, police arrested 21 demonstrators who
attempted to raise a banned separatist flag in Sorong and Timika.

Freedom of Association
The constitution and laws provide for freedom of association, which the
government generally respected. In July the DPR passed the Law on Societal
Organizations, which replaced a 1985 law. The law provides a two-tiered
registration requirement for all nonprofit organizations and provides that
organizations uphold religious values and the national ideology of Pancasila.
It also requires central and regional government permits for international/
foreign organizations and prohibits them from disrupting the unity of the
country. As of August the government had not issued implementing regulations
for the law. Critics of the law feared that it would be used to harass or
disband NGOs that are critical of the government or well-connected individuals
or institutions. The critics noted the law imposes a variety of vague
obligations and prohibitions on NGO activities and severe limitations on the
creation of foreign-funded organizations.

Members of the Ahmadiyya religious group have not held any national
conferences since 2008, when the Bali police refused to issue them a permit.
In addition, some local governments continued to restrict their right of
assembly.

Some LGBT advocacy groups reported encountering difficulties when attempting
to register their organizations.

c. Freedom of Religion
See the Department of State=92s International Religious Freedom Report at
www.state.gov/j/drl/irf/rpt/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees,
and Stateless Persons
The law provides for freedom of internal movement and generally allows for
travel outside of the country, but the constitution allows the government to
prevent persons from entering or leaving the country. The law gives military
forces broad powers in a declared state of emergency, including the power to
limit land, air, and sea traffic; however, the government did not use these
powers.

The government cooperated with the Office of the UN High Commissioner for
Refugees (UNHCR) and other humanitarian organizations in providing protection
and assistance to internally displaced persons, refugees, returning refugees,
asylum seekers, stateless persons, and other persons of concern.

In-country Movement: The government continued to restrict freedom of movement
for foreigners to Papua and West Papua provinces through a system of =93travel
letters,=94 but enforcement was inconsistent.

Foreign Travel: The government prevented arrivals and departures at the
request of police, the AGO, the KPK, and the Ministry of Finance. Some of
those barred from entering and leaving were delinquent taxpayers, convicted or
indicted persons, individuals implicated in corruption cases, and persons
otherwise involved in legal disputes.

Exile: A number of Papuan independence activists lived in self-imposed exile.

Internally Displaced Persons (IDPs)
The international NGO Internal Displacement Monitoring Center in a December
2012 report estimated that the combined number of those still displaced and
those who have returned or resettled but who continued to face barriers that
prevented them from enjoying the full range of their rights may reach as high
as 170,000. A lack of systematic monitoring of return and resettlement
conditions as well as difficulties in defining who is still an IDP made it
difficult to reliably estimate the number of IDPs. The government forcibly
resettled approximately 200 Shia residents of Madura from the makeshift camp
they had occupied since communal violence forced them from their homes in
August 2012. In July the government initiated a reconciliation process to
address the underlying causes of the violence. In August the group continued
to express their desire to return to their homes.

The law stipulates that the government ensure =93the fulfillment of the rights
of the people and displaced persons affected by disaster in a manner that is
fair and in line with the minimum service standards.=94

Protection of Refugees
Access to Asylum: The law does not provide for the granting of asylum or
refugee status, and the government has not established a system for providing
protection to refugees. Estimates of the number of refugees and asylum seekers
in the country varied. In July there were 8,623 asylum seekers and 2,072
refugees registered with the UNHCR. Some were applicants and others were
dependents. Most refugees or asylum seekers were from Afghanistan, Burma, and
Iran. Approximately 1,410 of those were held in 12 immigration detention
centers throughout the country, while the majority of the remainder lived in
boarding houses through the assistance of the International Organization for
Migration. Conditions in the immigration detention centers were often
overcrowded, and there were occasional incidents of violence. On April 8,
police arrested 17 refugees from Burma for their role in the killing of eight
fishermen also from Burma whom authorities were holding for immigration
violations.

Access to Basic Services: The government prohibited refugees from working and
accessing public elementary education.

Durable Solutions: According to the Ministry of Housing, approximately 100,000
former Timor Leste (formerly East Timor) refugees resided in West Timor. The
government provided 10,400 houses for former refugees in Kupang, Timor Tengah
Selatan, Timor Tengah Utara, and Belu districts. Approximately 25,000
individuals continued to live in refugee camps. Conflicts, mostly involving
land disputes, between local people and former refugees, sometimes occurred. A
2011 International Crisis Group paper stated that many refugees were not well
integrated into host communities and that former refugees continued to return
to Timor Leste in small but increasing numbers.

Section 3. Respect for Political Rights: The Right of Citizens to Change Their
Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right through periodic, free, and fair
elections based on universal suffrage.

Elections and Political Participation
The constitution provides for national elections every five years. DPR members
automatically are members of the People=92s Consultative Assembly, a fully
elected body consisting of the 550 DPR members and 128 members of the House of
Regional Representatives (DPD).

Recent Elections: In 2009 voters re-elected President Yudhoyono. Also in 2009
the country conducted its third democratic legislative elections. In general,
domestic and foreign observers found the elections free and fair. The
elections were a complex affair with voters receiving ballots for the DPR, the
DPD, provincial parliaments, and regency and city councils. Thirty-eight
national parties competed in the elections, with an additional six parties in
Aceh Province only. Irregularities occurred, requiring 245 reruns in 10
provinces out of a total of 550 elections in 33 provinces. Violence occurred
in the period preceding and during Aceh=92s provincial elections in April.

In 2009 political parties were required to win a minimum of 2.5 percent of the
national vote to qualify for a seat in the DPR. Nine parties met this
threshold and won seats in parliament. The top three vote getters were
secular, nationalist parties, followed by the four largest Islamic-oriented
parties. President Yudhoyono=92s Democrat Party won a plurality of seats,
while the Golkar Party finished in second place. The Indonesia Democratic
Party of Struggle, led by Megawati Soekarnoputri, finished in third place. In
April 2012 the DPR increased the vote threshold for parties to qualify for a
seat to 3.5 percent.

All adult citizens, age 17 or older, are eligible to vote except police and
active members of the military, convicts serving a sentence of five years or
more, persons suffering from mental disorders, and persons deprived of voting
rights by an irrevocable verdict of a court of justice. Married juveniles
(i.e., those under age 17) are legally adults and allowed to vote.

According to the General Elections Commission (KPU), 13 provinces/special
areas held gubernatorial elections, 23 cities held mayoral elections, and 49
districts held regent elections between January and August. In January, after
18 months of bureaucratic delays, Papua held a successful election for
governor and vice governor.

Participation of Women and Minorities: There are no legal restrictions on the
role of women in politics. A law on political parties mandates that women make
up at least 30 percent of the founding members of a new political party.

The election law passed prior to the 2009 national elections included a
nonbinding clause for parties to select women for at least 30 percent of the
candidate slots on their party lists. During the year the KPU made this rule
binding, and all major parties abided by it. The number of women in parliament
increased significantly, from 11 percent to 18 percent of the DPR seats and
from 19 percent to 27 percent of the DPD seats in the 2009 elections. Women
held four of 38 cabinet-level positions.

At the provincial level, there was one female governor and one vice governor.
Additionally, there were three women elected as mayors, three as vice mayors,
13 as regents, and 19 as vice regents. Women held disproportionately few
leadership positions in local government in some provinces; for example, in
Aceh the highest position held by a woman was that of deputy mayor, in the
city of Banda Aceh.

A requirement that all candidates must demonstrate their ability to read the
Koran in Arabic effectively blocked non-Muslims from political office in some
parts of the country.

There were no official statistics on the ethnic backgrounds of legislators in
the DPR. President Yudhoyono=92s cabinet reflected the ethnic and religious
diversity of the country.

Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for official corruption, and the
government generally tried to implement the law. Despite the arrest and
conviction of many high-profile and high-powered officials, there was a
widespread domestic and international perception that corruption remained a
part of daily life. The KPK and the AGO under the deputy attorney general for
special crimes have jurisdiction over investigation and prosecution of
corruption cases.

Corruption: The government had anticorruption courts in all 34 provinces. From
January to July, the KPK conducted 44 inquiries, 37 investigations, and12
prosecutions. As a result of investigations and prosecutions in 2012, it
recovered approximately IDR 1.3 trillion ($113 million) in state assets. In
addition, according to the KPK=92s annual report, it recovered and prevented
the loss of more than IDR 152 trillion ($13.3 billion) in state assets.

The KPK continued to investigate and prosecute officials suspected of
corruption at all levels of the government. Several high-profile corruption
cases involved large-scale government procurement or construction programs.
During the year KPK officials arrested two national party chiefs, a governor,
several judges, and numerous civil servants. Since the government established
the KPK in 2003, the commission boasts a 100 percent conviction rate.

In January KPK investigators arrested the head of a political party on charges
stemming from accusations that the party, which controlled the Ministry of
Agriculture, accepted bribes in return for allocations of quotas for beef
imports. Anticorruption advocates observed that this and similar cases stem,
in part, from the enormous cost that political parties face when campaigning
and the responsibility of senior party operatives to raise money.

On October 3, the KPK charged Constitutional Court Chief Justice Akil Mochtar
with having accepted IDR 3 billion ($262,500) in bribes to fix the court=92s
ruling in a contested election case.

Widespread corruption throughout the legal system continued. In 2012
independent corruption watchdog groups implicated 84 anticorruption-court
judges in corruption cases. Bribes and extortion influenced prosecution,
conviction, and sentencing in civil and criminal cases. Key individuals in the
justice system were accused of accepting bribes and of turning a blind eye to
other government offices suspected of corruption. Legal aid organizations
reported cases often moved very slowly unless a bribe was paid.

Between January and June, the National Ombudsman Commission received 3,023
general complaints against government officials. Citizens lodged the majority
of their complaints against regional governments and police.

Police commonly extracted bribes ranging from minor payoffs in traffic cases
to large bribes in criminal investigations. Corrupt officials sometimes
subjected migrants returning from abroad, who were primarily women, to
arbitrary strip searches, theft, and extortion.

Whistleblower Protection: The law and government regulations provide
protection to public and private employees for reporting on crimes including
corruption, terrorism, illegal narcotics, theft, and human trafficking. The
law was unevenly applied, and whistleblowers were sometimes subject to
retaliation and intimidation.

Financial Disclosure: By law senior government officials, as well as other
officials working in certain agencies, are required to file financial
disclosure reports. The law requires that the reports include all assets held
by the officials, their spouses, and their dependent children. The report must
be filed upon taking office, every two years thereafter, within two months of
leaving office, and immediately upon request by the KPK. The KPK is
responsible for verifying disclosures and publicizing them in the State
Gazette and on the internet. There are criminal sanctions for noncompliance in
cases involving corruption. Not all assets were verified due to human resource
limitations within the KPK.

Public Access to Information: The Freedom of Information Act grants citizens
access to governmental information and provides mechanisms through which
citizens can obtain such information. The law allows for a protected class of
=93secret=94 information, including information on state defense and security,
law enforcement investigation and activities, public officials, and business
interests of state-owned enterprises. At year=92s end many government entities
remained unwilling or unprepared to implement the law. According to an April
2012 study by the AJI, authorities granted 46 percent of requests for
information. According to the study, many officials either ignored or lost
requests.

[continued]

– See more at:
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=3D2013=
&dlid=3D220196#wrapper

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