According to the Ministry of Justice and Human Rights, in July there were 198,199 prisoners and detainees in prisons and detention centres, which were designed to hold 118,969. At the request and authorization of the president, the military can provide operational support to the police in the fight against terrorism. The police and TNI rarely disclosed the findings or acknowledged the existence of internal investigations to the public.
By law, military prosecutors are accountable to the Supreme Court, and military prosecutors are accountable to the TNI for the application of the laws.
Respect for Civil Liberties, Including
In April, members of the Bandung police intimidated a photojournalist covering the unrest at Banceuy Prison and asked him to remove photos he had taken of the unrest. Between January and September 2015, 21 individuals were arrested or charged with violating the provisions of the ITE Act, according to the Institute for Policy Research and Advocacy. According to the Ministry of Communications and Information Technology, in 2015, about 29 percent of the population had internet access, equating to an estimated 80 million internet users.
On April 13, police broke up West Papua Committee (KNPB) rallies in support of the United Liberation Movement of West Papua's (ULMWP) bid to comple-. On August 15, police arrested, but soon released, six Papuans who rallied to reject the 1962 New York Agreement, which transferred administration of the western half of New Guinea from the Netherlands to Indonesia. The law provides for freedom of internal movement and generally allows travel abroad, but the constitution allows the government to prevent it.
The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM), and other humanitarian organizations in providing protection and assistance to. Movement within the country: In May 2015, President Jokowi announced that he was lifting restrictions on foreign journalists traveling to Papua and West Papua provinces (see section 2.a.), but as of November, implementation of the new policy has been uneven stayed. The law states that the government ensures "the observance of the rights of the people and displaced persons affected by a disaster in a manner that is fair and in line with the minimum service standards."
Freedom to Participate in the Political Process
On June 2, the DPR passed a law on local elections for governors, regents and mayors, which requires civil servants, members of the DPR, DPD and the Regional People's Assembly (DPRD) to resign after becoming candidates for provincial, district and and district council. or city office. Political parties and political participation: In 2012, the DPR raised the voting threshold for parties to be eligible for a seat in the legislature to 3.5 percent. All adult citizens 17 years or older are eligible to vote, except police officers and active members of the military, convicts serving a sentence of five years or more, persons with intellectual disabilities, and persons whose right to vote has been terminated by a final court order. have been taken away.
A law on political parties requires that women make up at least 30 percent of the founding members of a new political party. The general election law passed before the 2009 national election includes a requirement that parties nominate women for at least 30 percent of the candidate slots on their party lists. However, the number of women in parliament dropped from 18 to 17 percent of DPR seats and from 27 to 13 percent of DPD seats after the 2014 elections.
President Jokowi's cabinet reflected the country's ethnic and religious diversity and included more women than any previous cabinet (nine out of 34 cabinet appointees). FPI members and other groups held demonstrations in front of the Jakarta Governor's office and the City Council to protest against the governorship of Basuki Tjahaja Purnama (known as "Ahok"), an ethnic Chinese Christian who became governor after Gov. then Jokowi was elected. president. The FPI and other intolerant groups also tried to make Ahok's ethnicity and religion an issue in the Jakarta gubernatorial election scheduled for February 2017.
Corruption and Lack of Transparency in Government
Corruption: The KPK continued to investigate and prosecute officials suspected of corruption at all levels of government. By the end of 2015, the KPK had conducted investigations and prosecutions and recovered approximately IDR 259 billion ($19.3 million) in state assets. On January 15, the KPK arrested DPR member Damayanti Wisnu Putranti for allegedly accepting a bribe from a construction vendor to secure the tender of a road construction project in Maluku province.
On April 27, KPK named DPR member Andi Taufan Tiro as a new suspect in the case. The KPK arrested several judicial officers during the year, and corruption watchdog groups said corruption remained widespread throughout the legal system. On February 15, the KPK arrested the head of the Supreme Court's sub-division for civil trials, appeals and judicial reviews, Andri Tristianto Sutrisna.
The KPK also arrested three North Jakarta court clerks who allegedly received bribes to influence the outcome of a child molestation case and a civil lawsuit decision in the State Administrative Court (PTUN). In July, the KPK launched an investigation into Supreme Court Secretary General Nurhadi, who was allegedly involved in many Supreme Court bribery cases, leading to his resignation. The KPK is responsible for verifying disclosures and publishing them in the Government Gazette and on the internet.
Governmental Attitude Regarding International and
Authorities provided either partial disclosures or irrelevant information in response to the rest of the requests. The Attorney General's Office and several government departments proposed the formation of non-judicial "reconciliation committees" to find non-criminal solutions to past abuses, including restitution and official apologies. NGOs criticized these proposals as an attempt to protect high-ranking human rights abusers from.
A coalition of NGOs filed for a judicial review, claiming that the Attorney General's Office abused a provision of the Human Rights Tribunal Act to avoid prosecuting the perpetrators of the 1965 Communist purge and other cases (see Section 1.a. for more information on the Communist purges 1965-66). Although the 2006 Law on the Government of Aceh mandates the establishment of a human rights court in Aceh, no such court had been established, apparently due to complications arising from other legislation at the national level. In June 2015, a coalition of NGOs, together with family members of the victims of the 1998 abductions of pro-democracy activists, filed a judicial review.
The plaintiffs challenged the law because they felt it did not provide clear legal parameters for resolving past human rights violations, including the 1998 incident. The Constitutional Court held its first hearing in August 2015 and the second hearing in September of that year. On 23 August 2016, the Constitutional Court ruled out the judicial review, claiming that the appellant had no relevant legal capacity.
Discrimination, Societal Abuses, and Trafficking in Persons Women
Marital rape is not a specific criminal offense under the penal code, but is covered under "forced sexual intercourse" in national domestic violence legislation, and is punishable by criminal penalties. Reliable nationwide statistics on the incidence of rape were still unavailable, although the Ministry of Women in June. There was no official data on what type of FGM/C was practiced, but according to the National Commission on Violence Against Women and others.
Sexual Harassment: Article 281 of the Penal Code, which prohibits indecent public acts, serves as the basis for criminal complaints arising from sexual harassment. According to the Ministry of Health, a whopping 69 percent of all births were born per In 2014, the National Commission for Child Protection (KPAI) found that 52 percent of the 4,638 cases reported to them were cases of child sexual abuse.
The regulation increases the penalty for child sex offenders, including the death penalty or life imprisonment, depending on the severity of the case. Central and local government officials allegedly extorted kickbacks from mining and palm oil companies in exchange for access to land at the expense of the local population. In February, Defense Minister Ryamizard Ryacudu called LGBTI people part of a dangerous "proxy war" that threatens the country's sovereignty, while some members of the national legislature and civil society groups called on the government to pass new regulations or laws against the LGBTI movement. .
On March 7, a large number of protesters gathered in front of the construction site of the Santa Clara Church in Bekasi, West Java, claiming that the permit for the church. The police initially secured the location, but when most of the protesters moved to the office of the mayor of Bekasi, it remained.
Worker Rights
The trade union may also be dissolved if its leaders or members commit crimes against the security of the country in the name of the trade union and are. The law includes some restrictions on collective bargaining, including the requirement that a union or unions represent more than 50 percent of a company's workforce to negotiate a CLA. Penalties for criminal offenses of violating the law are imprisonment of at least one year and fines of IDR 100 million to IDR 500 million (US$7,450 to US$37,260) and have generally been sufficient to deter violations.
Local offices of the Ministry of Labor were responsible for enforcement, which is particularly difficult for exports. Trade unions in various sectors were able to associate themselves with one of the three major trade unions - KSPSI. A violation of the ban on employing children in the worst forms of child labor is punishable by two to five years in prison and a fine of IDR 200 million to 500 million ($14,900 to $37,260).
The worst forms of child labor occurred in the rural agricultural sector, domestic work and in certain areas of the fishing, manufacturing and mining sectors. The introduction of the formula was part of the government's economic stimulus package, which aims to boost investment and employment by providing additional certainty in the annual calculation of the minimum wage. Territories can adjust the minimum wage each year based on the recommendation of a local wage council made up of government representatives.
