The attacks against the offices of Tempo magazine and anti-corruption activist Tama Satrya Langkun early this month dominates the coverage in this month’s CAVEAT. The Main Report investigates the incidents and explores need for the Indonesian National Police Force to conduct institutional reform. This month our Additional Feature examines the urgency to develop and pass specific laws for protection of human rights activists. The safety of human rights activists is not a problem faced only in Indonesia. In this edition’s Rights in Asia, our partner the Asian Human Rights Commission has brought to light the plight of human rights activists in the Philippines, Nepal and Pakistan. In the Opinion column, Maeve Showell highlights the urgency for Indonesia to ratify the UN Refugee Convention as regional debate heats up in the lead up to the Australian election. As always, CAVEAT also updates you on the latest activities of LBH Masyarakat. This month LBH Masyarakat participated in the XVIII International AIDS Conference in Vienna where Ricky Gunawan delivered his presentation titled “Legal Literacy in Indonesia: A Tool for Empowering Drug Users, Fishermen, and People Living with HIV to facilitate self-representation.” In other news comes from one of our employees, Ajeng Larasati, has just been named as a 2010 JusticeMakers Fellow which brought three volunteers of International Bridges to Justice (IBJ) came to LBH Masyarakat to assist LBH Masyarakat in running its program. In addition to our regular columns, LBH Masyarakat had also interviewed Taufik Basari, one of the youngest and most promising human rights lawyers in Indonesia. In the middle of his busy schedule, he shared with us his views on youth and human rights for our Interview.

1. CAVEAT
INDONESIA’S MONTHLY HUMAN RIGHTS ANALYSIS
VOLUME 14/II, JULY 2010
MAIN REPORT |
Questioning
Culture of
Corruption in the
National Police
CAVEAT reported in March this year on the
deep-rooted culture of corruption in the police
force in relation to case-brokering, money
laundering and tax evasion. This report focused
on the accusations made by (now) former
detective Susno Duaji against fellow officers,
who in turn has charged with a breach of
discipline and charged with graft. This attitude
of the police – ostracizing those who dare to
dissent and refusing to look internally at those
who engage in criminality – does not fit the
image of an institution looking to reform itself.
ADDITIONAL FEATURE |
Defending Rights of the
Human Rights Defenders
This month Indonesia was rocked by two
attacks against well known human rights
defenders. The Molotov cocktail bombing of
Tempo Magazine office and the subsequent
attack against anti-corruption activist Tama
Satrya Langkun from the Indonesia Corruption
Watch (ICW), has once again sparked discussion
on the urgency to enact a law on the protection
of human rights activists.
OPINION |
A Brief Note on the Refugee
Situation in Indonesia
Last month the world observed International
Refugee Day on June 20, unfortunately for the
hundreds of ‘illegal immigrants’ incarcerated in
Indonesia this was not a cause for celebration.
As Indonesia is not a signatory to the 1951
United Nations Convention Relating to the
Status of Refugees and the 1967 Protocol the
country does not legally recognise ‘refugee’
statuses of immigrants entering Indonesia
illegally.
www.lbhmasyarakat.org
CAVEAT:
Let her or him be aware

2. C A V E A T | july 2010 | 1
CONTENT
THE EDITOR’S CUT | 2
MAIN REPORT | 3
Questioning Culture of Corruption in the National Police
ADDITIONAL FEATURE | 7
Defending Rights of the Human Rights Defenders
OPINION | 10
A Brief Note on Refugee Situation in Indonesia
INTERVIEW | 11
RIGHTS IN ASIA | 12
REPORTAGE | 13
CAVEAT is published by the Community Legal Aid Institute (LBH Masyarakat), Jakarta,
Indonesia. All rights reserved. Neither this publication nor any part of it may be reproduced
without prior permission of the LBH Masyarakat.
CAVEAT invites feedback and contributions. If you are interested in contributing a guest
editorial piece or article, please contact us: contact@lbhmasyarakat.org
Editorial Board:
Ricky Gunawan, Dhoho Ali Sastro, Andri G. Wibisana, Ajeng Larasati, Alex Argo Hernowo,
Answer C. Styannes, Pebri Rosmalina, Antonius Badar, Feri Sahputra, Grandy Nadeak, Vina
Fardhofa
Special Adviser:
Maeve Showell, Zack Wundke, Samuel Natale and Michael Kurban
Finance and Circulation:
Zaki Wildan and Rizky Halida
Address:
Tebet Timur Dalam III B, No. 10, Jakarta 12820, INDONESIA
Phone:
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Fax:
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E-mail:
contact@lbhmasyarakat.org
Website:
www.lbhmasyarakat.org
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3. C A V E A T | july 2010 | 2
THE EDITOR’S CUT
Dear readers, we are pleased to bring you
the July 2010 edition of CAVEAT.
schedule, he shared with us his views on
youth and human rights for our Interview.
The attacks against the offices of Tempo
magazine and anti-corruption activist Tama
Satrya Langkun early this month dominates
the coverage in this month’s CAVEAT. The
Main Report investigates the incidents and
explores need for the Indonesian National
Police Force to conduct institutional reform.
Thank you for your ongoing support!
The Editor
This month our Additional Feature
examines the urgency to develop and pass
specific laws for protection of human rights
activists. The safety of human rights
activists is not a problem faced only in
Indonesia. In this edition’s Rights in Asia,
our partner the Asian Human Rights
Commission has brought to light the plight
of human rights activists in the Philippines,
Nepal and Pakistan.
In the Opinion column, Maeve Showell
highlights the urgency for Indonesia to
ratify the UN Refugee Convention as
regional debate heats up in the lead up to
the Australian election.
As always, CAVEAT also updates you on the
latest activities of LBH Masyarakat. This
month LBH Masyarakat participated in the
XVIII International AIDS Conference in
Vienna where Ricky Gunawan delivered his
presentation titled “Legal Literacy in
Indonesia: A Tool for Empowering Drug
users, Fishermen, and People Living with
HIV to facilitate self-representation.” In
other news comes from one of our
employees, Ajeng Larasati, has just been
named as a 2010 JusticeMakers Fellow
which brought three volunteers of
International Bridges to Justice (IBJ) came
to LBH Masyarakat to assist LBH
Masyarakat in running its program.
In addition to our regular columns, LBH
Masyarakat had also interviewed Taufik
Basari, one of the youngest and most
promising human rights lawyers in
Indonesia. In the middle of his busy
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MAIN REPORT
Questioning Culture of Corruption
in the National Police
BACKGROUND
On Thursday the 8th of July Tama Satrya
Langkun, a corruption investigator from
Indonesia Corruption Watch (ICW) was
brutally attacked in Pasar Minggu, South
Jakarta by a group of four men.
Tama has since told investigators that he
was aware he was under surveillance from
suspicious individuals since he uncovered
the data which was published in an article in
Tempo magazine on the 28th of June
detailing abnormally large transactions
being made in personal bank accounts
belonging to six senior police officers.
Three days earlier, Tama had received calls
from a phone number – each time the caller
used a different voice - asking him to meet
under the pretence of collaborating on an
investigative report. When Tama finally did
attempt to meet the man who identified
himself as ‘Roni’ he left the scene in fear
after noticing the vehicle he was supposed
to meet had an unusually high number of
occupants in it.
Later that evening he was followed by the
same vehicle as he tried to return home and
was forced to spend the night at his office
out of fear for his personal safety. His
assault in the following days when
returning home from watching a late night
football match appears to have been
carefully premeditated. Despite providing
physical descriptions, phone numbers and
vehicle licence plates to the police, his
attackers still remain at large. Also still at
large are the two men who threw Molotov
cocktails at the office of Tempo in the early
morning of Tuesday 6th of July. Minor
property damage occurred but there were
no reports of injuries.
L E M B A G A
B A N T U A N
The offending article, which detailed large
financial transactions made by senior
ranking police officers was first distributed
on the 28th of June but was sold out before
dawn the same day by mystery buyers who
allegedly purchased 30,000 copies from
magazine retailers in what now appears to
be a clumsy effort to prevent its
distribution. The report centered on
information from documents first made
available by Tama through his activism
work at ICW.
The edition of the magazine was not
available to the general public until a few
days later when Tempo was able to
distribute a re-printed copy run, and the
attack on the Tempo office occurred about a
week later. Six police officers are mentioned
in the report; East Kalimantan Police Chief
Insp. Gen. Mathius Salempang, Insp. Gen.
Sylvanus Yulian Wenas, head of National
Police’s elite Mobile Brigade, Insp. Gen. Budi
Gunawan, the head of Internal Affairs at the
National Police, Insp. Gen. Badrodin Haiti,
the head of the National Police's Legal
Division, Comr. Gen. Susno Duadji, former
National Police chief of detectives and Insp.
Gen. Bambang Suparno, a tutor at the
National Police’s School of Senior Officers.
Tempo reported that up to 50 billion rupiah
was transferred in one instance, which does
not fit with the economic profile of a police
officer. The National Police Chief, the
institution's top official, only receives a
salary of about Rp23 million a month, plus
benefits. The amounts mentioned in some
cases also far exceeded those officers
individual wealth declarations.
While there is no direct evidence linking the
attacks on Tama and Tempo to the police
force, the timing of the attacks is uncanny.
Many believe that sections of the police
force are behind the attacks. Constitutional
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Court Chairman, Mahfud MD said those who
oppose the anti-corruption agenda of ICW
are behind the violence, in his opinion ‘it is
because of the allegations, therefore the
police must be able to stop it and be
impartial if later it was found that police
officers had asked some persons to do it,”.
HOLLOW WORDS
The President has reacted
strongly, in particular to the
attack on Tama. He visited
Tama in hospital and
demanded the police track
down and charge the
culprits as soon as possible,
“I want to make sure that
whoever carried out this
[attack] for whatever motive
is punished,” he told
reporters
after
visiting
Tama’s hospital bed the day
after the attack.
It has come as no surprise then that the
results of the probe, headed by Comr. Gen.
Ito Sumardi, which were announced to the
press on the 16th of July, have cleared the
majority of officers involved. All 23 police
officers’ accounts were investigated based
on data provided by the Financial
Transactions Reporting & Analysis Centre
(PPATK). Of the 23 accounts, 17 have been
exonerated by the task force, with two
accounts
still
being
But the Presidents strong words
investigated. Additionally,
have not been mirrored by equally
one account cannot be
strong action. Many groups have
investigated as the owner is
been critical of the president for
deceased,
and
another
allowing the police to conduct their
belongs
to
someone
initial investigation into the bank
currently running for regent.
accounts
internally
without
Two accounts are the subject
independent observation. In fact it
seems that government is reluctant
of ongoing criminal cases.
to become overly involved in the
case, the President has since stated
via a spokesperson that he would
not personally intervene in the case
as it will remain a police matter
and additionally that the President
felt it was unnecessary to form an
independent investigation panel.
SBY’s visit immediately after
the attack was viewed by
many as a positive show of support for
corruption investigators and activists. He
issued stern instructions to Chief of National
Police Gen. Bambang Hendarso Danuri to
investigate the large ‘piggy-bank’ accounts
belonging to senior officers, “Please respond
to this issue, resolve it and manage it well…
if there are legal violations, impose
sanctions. If you don’t, explain why.”
But the Presidents strong words have not
been mirrored by equally strong action.
Many groups have been critical of the
president for allowing the police to conduct
their initial investigation into the bank
accounts internally without independent
observation. In fact it seems that
government is reluctant to become overly
involved in the case, the President has since
stated via a spokesperson that he would not
personally intervene in the case as it will
remain a police matter and additionally that
the President felt it was unnecessary to
form an independent investigation panel.
L E M B A G A
B A N T U A N
According to a Tempo report
on the 21st of July, the two
criminal cases are believed
to relate to Comr. Martin
Reno, former head of the
Specific Crime Unit of the
Papua Police who was
convicted of being involved in illegal logging
in 2005. The other is believed to relate to
Comr. Gen. Susno Duadji, who was named as
one of the six officers in the original Tempo
report, and is currently being held at arm’s
length by the police after he attempted
expose corrupt members of the force while
he himself is currently being held on
suspicion of graft.
In announcing the results of the probe, Insp.
Gen. Edward Aritonang said of the
remaining 17 accounts that “the accounts
can be proven normal.” Yet this has not
been elaborated any further, and fails to
answer the question of what constitutes a
‘normal’ account, nor does it address the
means by which such enormous sums of
money were accumulated and came to be in
the possession of police officers. Also to be
elaborated on is the methodology used to
evaluate the legitimacy of the accounts, and
investigators have not detailed how, if at all,
a proper forensic investigation was carried
out. The report also fails to explicitly
address those specific cases at the centre of
the furore which was first exposed in
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Tempo’s report from the 28h of June and is a
long way from ‘responding to, resolving, and
managing’ the issue as initially directed by
the President.
It remains to be seen if, or how the
government will respond to this report
given its flimsy credibility and lack of
independent investigation. So far, the House
Law Commission has announced it will set
up a hearing over suspicious cases of wealth
in the police force, its ability to get the
National Police to cooperate remains
sketchy at best, with the National Police still
openly opposing such an independent
investigation. While so far the anticorruption rhetoric has been strong,
comprehensive and meaningful, action will
be needed if the government wants to
demonstrate a commitment to cleaning up
the force beyond well meaning speeches
and pathos driven photo opportunities with
the victims of the current drama.
NEW DRIVER, SAME DIRECTION
Perhaps the government’s reluctance to
become involved in the case stems from a
fear of stirring a potential hornets nest of
controversy ahead of the impending
appointment of a new chief of National
Police to succeed Gen. Bambang Hendarso
Danuri who will depart the post on October
10 this year. In his place the government is
desperate to install someone who has
maintained a record of high integrity to
raise the public image of such a highly
tainted institution.
The police are refusing to confirm the
names of potential candidates, but it is
widely speculated that the list contains 8
candidates which includes; deputy chief
Comr. Gen. Yusuf Manggabarani, Internal
Affairs chief Comr. Gen. Nanan Soekarna,
chief of detectives Comr. Gen. Ito Sumardi,
South Sumatra Police chief Insp. Gen.
Oegroseno, Jakarta Police chief Insp. Gen.
Timur Pradopo, East Java Police chief Insp.
Gen Pratiknyo, and Insp. Gen. Imam
Sudjarwo and School for Leadership
lecturer Insp. Gen. Bambang Suparno.
L E M B A G A
B A N T U A N
The scandal which was unearthed by Tama
and published by Tempo may have a
significant impact upon who will ascend to
the post. According to Indonesia Police
Watch (IPW) president Neta Pane, the
exposing of Bambang Suparno’s finances, as
one of the six officers mentioned in Tempo’s
report makes it difficult for him to be
promoted as, “based on our observation he
[Suparno] was the candidate preferred by
National Police chief Gen. Bambang
Hendarso Danuri,” she said. IPW now
believe that Nanan Soekarna is the new
front runner for the position.
The
National
Police
Commission’s
(Kompolnas) Adnan Pandupraja said on the
20th of July all candidates should be cleared
for the job by PPATK, the National
Commission on Human Right (Komnas
HAM),
the
Corruption
Eradication
Commission (KPK) and the tax office. “They
must not have a poor record or a bad image
with the public,” he said. Under the 2002
Police Law, Kompolnas is required to
provide background information to the
President during the process of appointing
or dismissing a police chief. Therefore the
hasty exoneration of suspect accounts of
officers which were flagged as suspicious by
the PPATK gives little weight to the
credibility of the background checks and
will only degrade the credibility of
Kompolnas unless further steps are taken to
comprehensively examine the officers’
backgrounds.
In a surprisingly frank statement Kompolas
believes that they may be unable to find an
officer suitable for the job, “I don’t know if
there will be a candidate who meets our
criteria. Whatever the result, we will give
the names to the President and let him
decide,” Adnan said. This lack of self-belief
delivers scant hope for those hoping that
the National Police wants to make serious
inroads into stamping out corrupt practice
within its ranks.
FOOTING THE BILL
Regardless of specific individuals involved,
what the Tama beating and Tempo article
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have brought once again into the spotlight is
that some members of the police force are
continuing to make themselves wealthy via
their positions of public privilege and there
are those who will go to extraordinary
lengths, including violence, to silence those
working to expose corruption. But who
ultimately pays for these crimes?
The Bahasa Indonesia cover is a caricatured
police officer leading three ‘piggy-banks’ on
leashes, while the English cover depicts an
unidentified police officer in uniform with
his face obscured by a flying piggy bank. In
Islam pork is haram, or unclean, and the
term ‘pig’ is a common insult in Indonesia.
Tempo has defended the artwork on both
covers, saying that the pigs on the cover
were in reference to the large ‘piggy-bank’
accounts of the officers. Although the police
later dropped the charges, the quirkiness of
their claim garnered a lot of media coverage
and helped to deflect criticism from the real
issue at hand.
As the gatekeepers of the justice system in
Indonesia the National Police are charged
with responsibly of admitting, or choosing
not to admit, persons into the court system
for judgment on alleged crimes. To perform
this task with public confidence and
support, police officers must maintain the
highest level of personal integrity to be seen
EMBEDDED CULTURE
as credible role models in upholding the
rule of law in Indonesia. But, if officers are
CAVEAT reported in March this year on the
able to use their ability to selectively apply
deep-rooted culture of corruption in the
the law it is ultimately
police force in relation to caseAs the gatekeepers of the justice
the community that system in Indonesia the National brokering, money laundering
loses
out
through Police are charged with responsibly and tax evasion. This report
damaged livelihoods and of admitting, or choosing not to focused on the accusations
a lack of confidence in admit, persons into the court system made by (now) former
justice being applied for judgment on alleged crimes. To detective Susno Duaji against
perform this task with public
fairly to all citizens.
fellow officers, who in turn has
confidence and support, police
charged with a breach of
Remaining
to
be officers must maintain the highest
discipline and charged with
answered is where the level of personal integrity to be seen graft. This attitude of the
as credible role models in upholding
funds in the oversized
police – ostracizing those who
the rule of law in Indonesia.
police
officers’ bank
dare to dissent and refusing to
accounts came from. If
look internally at those who engage in
indeed it is proven that these funds came
criminality – does not fit the image of an
from revenues outside the rule of law, it is
institution looking to reform itself.
then Indonesians themselves who are the
biggest losers in this high powered saga.
In these two very public furores this year
(the Susno and Tama/Tempo cases) police
The violent attacks on Tama and the Tempo
have shown little or no initiative to make
office are loaded with the age old rhetoric of
credible investigations into corruption. Nor,
self denial. Similarly the response by the
has the President, who campaigned heavily
police to the June 28 article was also that of
during the election last year on a platform of
an organization in denial. Instead of
police reform, made a serious attempt to get
transparently investigating the articles’
his hands dirty by getting involved himself
claims, and then taking appropriate action
in matters pertaining to the police. Both
against either the officers, or, if it is able to
cases have demonstrated that leaving police
be categorically denied – in which case the
matters to police without independent
Tempo report would possibly be viewed as
investigation is simply not enough, and
defamatory – take action against the
issues cases like these will continue to
publishers of Tempo, the police threatened
perpetuate without a regulating system of
pursue legal action of the cover images used
checks and balances.
on both the Bahasa Indonesia and English
language editions of Tempo.
--
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ADDITIONAL FEATURE
Defending the Rights of
Human Rights Defenders
INTRODUCTION
This month Indonesia was rocked by two
attacks against well known human rights
defenders. The Molotov cocktail bombing of
Tempo Magazine office and the subsequent
attack against anti-corruption activist Tama
Satrya Langkun from the Indonesia
Corruption Watch (ICW), has once again
sparked discussion on the urgency to enact
a law on the protection of human rights
activists. Some experts, including the
Deputy Chairman of People’s Consultative
Assembly (MPR) Lukman Hakim Saifuddin,
agree that a human rights defenders
protection law is needed in order to
guarantee the safety of human rights and
anti-corruption activists who are vulnerable
to intimidation and terror while others see
the current legal system as fit to deal with
these crimes.
which is followed by arbitrary arrest (29%)
and intimidation, threats, or terror (25%).
However it is impossible to gauge
accurately exactly how many incidents
occurred given the intimidation aspect of
the attacks, some victims may not want to
come forward.
Former UN Special Representative –now
Special Rapporteur- on the Situation of
Human Rights Defenders, Hina Jilani, also
expressed her concern on the poor
protection for human rights defenders in
Indonesia following her 2007 visit to the
region. In her situation report, Jilani
mentioned that the progress towards
democracy in Indonesia since 1998, “… has
been marred by the absence of concrete
measures dealing directly with the
protection of human rights defenders as
well as flaws in the existing legislation.3”
INTERNATIONAL STANDARD
Enacting a law on human rights defenders
protection is not a new idea. In fact, the
Human Rights Protection Bill
At the international level,
was on the list of 2005-2009 It is an undeniable fact that human special attention has been
National Legislation Program rights defenders in Indonesia often awarded to the protection
(Prolegnas). However the law become the subjects of attack and of human rights defenders.
was not successfully enacted intimidation. The murder of In 1998 the UN General
and has now been pushed prominent human rights defender Assembly adopted the
Munir Said Thalib in 2004 is just
back to the 2010-2014
Declaration on the Right
one,
well
known
example.
Prolegnas.
and
Responsibility
of
According to a research conducted
Individuals, Groups and
by Imparsial, during the period
It is an undeniable fact that 2005 - 2009 there were at least Organs of Society to
human rights defenders in 100 cases of violations against Promote
and
Protect
Indonesia often become the human rights defenders.
Universally
Recognized
subjects
of
attack and
Human
Rights
and
intimidation. The murder of prominent
Fundamental Freedoms (hereinafter called
human rights defender Munir Said Thalib in
as Declaration on Human Rights Defenders).
2004 is just one, well known example.
Two years later the UN appointed Special
According to a research conducted by
Representatives on the Situation on Human
Imparsial, during the period 2005 - 2009
Right Defenders which proposed to give
there were at least 100 cases of violations
support regarding the implementation of
against human rights defenders. Imparsial
the Declaration and to gather information
recorded that torture and assault were the
on the current situation of human rights
most common forms of intimidation (46%),
defenders around the world.
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The declaration states that everyone has the
right to conduct any activities related to
human rights - such as the right to seek
information about human rights and the
right to participate in peaceful activities
against violations of human rights. These
rights are essentially derived from other
rights guaranteed by the International
Covenant on Civil and Political Rights. The
UN itself admits that the declaration “does
not create new rights” yet it “articulates
existing rights in a way that makes it easier
to apply them to the practical role and
situation of human rights defenders.”
It is important to note the terminology used
by the UN. The Declaration on Human
Rights Defenders uses the word ‘everyone’
when it describes those that the rights are
designed to protect. It has to be understood,
therefore, that the goal of creating special
regulation on human rights defenders is not
to provide privileges for those who do
human rights work as professional activists
but to everyone who peacefully defends
human rights either in professional or nonprofessional context.
The Declaration on Human Rights
Defenders also imposes a responsibility for
the State to promote an understanding of
human rights within its populace by means
such as providing access to all regulations
and documents related to human rights. The
Declaration also states that the State has a
responsibility to facilitate the teaching of
human rights and fundamental freedoms at
each level of education as well as to conduct
training for lawyers, law enforcement
officers, and other public officials.
BUT DO WE NEED A SEPARATE LAW?
Before answering the question as to
whether we need a special law focusing
solely on the protection of human rights
defenders, it is necessary to identify what
the challenges and problems are faced by
those who are involved in human rights
activities in Indonesia are. We will attempt
to classify them into three categories. Firstly
the threat of real attack and intimidation –
L E M B A G A
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killing, abduction, torture and threats are
included in this category- as faced by Tama
from ICW this July.
The second problem is the ‘legalized threat’
where the threat is conducted in ways
which are lawful, such as charging human
rights activists for criminal defamation. For
example the activistits Emerson Yuntho and
Illian Deta Sari from the ICW who were
reported to police by the Attorney General’s
Office (AGO) after criticizing the finance
management within AGO in a newspaper
article.
The third problem is stigmatization,
whereby incorrect or even defamatory
labels are given to those who are involved in
human rights activities. It is common for
non-governmental
organizations
in
Indonesia to be labeled as ‘foreign stooges’
as activists in Papua are dubbed
‘separatists’. While in Aceh and other
regions which implement religious-based
regional regulations, those who fight against
such regulations –due to some provisions
that are discriminative and incompatible
with human rights- are often labeled as nonbelievers or against religion.
In writing the existing criminal code is
sufficient to punish the perpetrators of
attacks and intimidation against human
rights defenders. All of the assaults faced by
human rights defenders –except torture- are
named as crimes already under Indonesian
Penal Code. The core problem is more to do
with poor law enforcement. One may argue
that due to poor law enforcement, it is
necessary to establish special mechanism,
desk, or task force on human rights
defenders protection.
In regards to ‘legalized threat’ problem, the
main issue is the fact that there is several
problematic law provisions which facilitate
and enable one to criminalize any activities
related to human rights. For example in
Article 310 paragraph (1) Indonesian Penal
Code (KUHP), several articles on subversive
acts under KUHP, and Article 27 paragraph
(3) Law No. 11/2008 on Electronic
Information and Transaction Law (ITE
Law). As long as these problematic laws
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10. C A V E A T | july 2010 | 9
exist, then there is no point in enacting a
law which guarantees the right of those
involved in human rights activities. Clearly,
what urgently needs to be done is to ensure
that such provisions are no longer valid. It is
necessary to file a constitutional review or
to conduct advocacy urging the revision of
such laws instead of enacting a new law
which is likely to be ineffective.
The third problem faced by human rights
activists – that being stigmatization through
language and other means is not so clearly
solvable. There is not much that the law can
do to solve this problem as it’s not really a
legal issue but more a problem with
society’s lack of understanding about
human rights. What the law can do is to
impose obligations for the State to provide
human rights education to everyone within
its territory.
The idea to enact a special law on the
protection of human rights defenders is a
step in the right direction. The question,
however, is not solely whether it’s good or
bad idea but also whether it is necessary or
not. It is also a matter of effective strategy.
Enacting laws on human rights defenders
protection when we know that the core
problem is not in the absence of such law
but the way in which it is carried out will
only formalize the rights but won’t help
much in protecting the rights itself. This is a
common predicament in this country– we
have a number of regulations on human
rights but zero in practice. Will we fall into
the same trap this time?
--
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It is important to note the terminology
used by the UN. The Declaration on
Human Rights Defenders uses the word
‘everyone’ when it describes those that
the rights are designed to protect. It
has to be understood, therefore, that
the goal of creating special regulation
on human rights defenders is not to
provide privileges for those who do
human rights work as professional
activists but to everyone who peacefully
defends human rights either in
professional
or
non-professional
context.
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11. C A V E A T | july 2010 | 10
OPINION
A Brief Note on Refugee Situation in Indonesia
By: Maeve Showell
Last
month
the
world
observed
International Refugee Day on June 20,
unfortunately for the hundreds of ‘illegal
immigrants’ incarcerated in Indonesia this
was not a cause for celebration. As
Indonesia is not a signatory to the 1951
United Nations Convention Relating to the
Status of Refugees and the 1967 Protocol
the country does not legally recognise
‘refugee’ statuses of immigrants entering
Indonesia illegally.
The protocol expects countries to cooperate
with the UNCHR so as that the body can
exercise its functions and carry out its job in
regards to monitoring, processing and
protecting the rights of asylum seekers. It is
important to note that while Indonesia is
not a signatory to the convention the
UNHCR still has a presence in Indonesia;
however this presence is simply not strong
enough.
Regional debate concerning asylum seekers
has increased following the announcement
of an Australian Federal Election to be held
August 21st. The issue of asylum seekers or
‘boat people’ as they are often called in the
Australian media has long been a political
hot potato as neither party wants to appear
lax on immigration, a topic that is front and
centre of the election race.
UNHCR processing in Indonesia, which is
not a signatory to the refugee convention, is
simply not working.” Confusion over who
has been given refugee status and why is a
big part of this.
Typically refugees are only supposed to stay
in Indonesia while the UNCHR is processing
their claim of refugee status. However as
mentioned above this process can be long,
complex and confusing for the parties
involved, forced to spend an unknown
amount of time in limbo in a foreign
country. It is clear that Indonesia needs to
develop a working mechanism for granting
asylum, and the UNCHR needs to work
further with Indonesia and its regional
partners to bring Indonesia to a standard
whereby it can effectively process and
humanely house those that end up on her
shores seeking asylum.
Maeve Showell is an Australian researcher
based in Jakarta.
While it is clear that Australia needs to re
evaluate its current policy – one which has
seen a number of Oz-bound refugees wind
up languishing in Indonesian detention
centres, it is also up to Indonesia to
streamline its refugee determination system
as experts report of some refugees spending
up to five years waiting to be processed.
A number of Australian politicians have
urged
Indonesia
to
sign
the
convention. Australian Greens Senator
Sarah Hanson-Young spoke to the media
stating that "What it does indicate is that the
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INTERVIEW
What would you say to someone who is
pessimistic to motivate them?
Taufik Basari is the Chairperson of the Board
of Directors for LBH Masyarakat. He is also a
lecturer in the Faculty of Philosophy at the
University of Indonesia, where he teaches
legal philosophy and the philosophy of
human rights. Mr. Basari has been active in
promoting human rights and legal reform in
Indonesia for many years, and is currently
working on a legal case to expose and
prosecute members of the Judicial Mafia. In
between his busy schedule, we spoke with him
about his view of human rights and how to
promote them among the next generation.
Let's talk about the students that you
teach. Are they more optimistic or
pessimistic about rights and the future of
Indonesia?
The split is 50-50. Maybe more of them are
pessimistic, because they don't see any hope
in this condition. In our experience, we
always try to inject some positive thinking
to the youth, because if they are not
optimistic, how can we create hope? That's
why we go to the young people and try to
have a discussion with them and invite them
to join with us. We have to believe that even
if we just get something little, we can use
this little thing to get something greater. If
we only depend on the old generation that
is already influenced by the old way of
things, it is difficult for us to make progress.
We depend on the young people to make
further progress.
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I ask them what they've already got.
Sometimes, I compare to the old conditions,
I always say they are lucky compared to the
other generations; they have a right to
speech, they have good information
compared to before when it was hard to find
something
other
than
government
information. We need to keep the situation
from going down, if you want to live in these
conditions now, fight to keep them, and
fight again for a better condition. If they
don't have optimism, it is not impossible
that we could go back to the old conditions.
If we are only quiet, and if we do nothing,
there is no progress.
You've worked in the legal rights
community for a while, what advice
would you give to someone young who
was just beginning to fight for legal
rights?
We need young people to make this country
better. We have to learn from our
experience. This young generation can have
distance with the influence of militarism
and authoritarianism of the past era. We
really need them to be a group of people
who are involved with the human rights
issues. We cannot only wait for our rights to
be given to us, we have to fight to get them.
Because they are young now, because they
have the energy now, why don't they start
right now? When they are grown, they will
have many needs, and they will not
concentrate on these issues because of the
needs of their lives. Now is the time for them
to fight for themselves and for others.
Taufik Basari was talking to Samuel Natale
and Michael Kurban.
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13. C A V E A T | july 2010 | 12
RIGHTS IN ASIA
Information contained in this column is provided
by the Asian Human Rights Commission (AHRC).
PHILIPPINES:
Two
human
rights
defenders threatened to be killed
Two human rights defenders have recently
received letters containing messages
threatening to kill them. Yolanda Pineda, a
day care teacher for Antonio Day Care
Center in Barangay San Antonio, Lubao,
received a letter on April 9, 2010 exhorting
her to stop her activities, or she would be
killed. Since 2008, she has been leading a
campaign against the establishment of an
army detachment adjacent to the day care
centre where she works. She filed a petition
letter with the Commission on Human
Rights (CHR) and the Local Government
Units (LGUs) which demanded the pull out
of the military detachment. It is strongly
believed that this was the reason why the
army attached to the 3rd Infantry Battalion
of the Philippine Army (IBPA) had subjected
her to continuing harassment and
intimidation. Bernardino Patigas, a former
organiser of fishermen and now the
secretary general of the Northern Negros
Alliance of Human Rights (NNAHRA) also
received threatening letters and is aware
that a hireling has been paid 50,000 pesos to
kill him. Both activists refused to give up
their fight and Patigas even said that it
inspired him to continue. These threats
cannot be taken lightly, as extrajudicial
killings are very common in the Philippines
and in most cases those who have been
threatened have been subsequently killed.
NEPAL: A teenage boy dies in police
custody; foul play is suspected
his arrival at the hospital. Hospital records
report various injuries on his body and his
family fears that he was tortured. An
investigation team was formed, but it is
comprised exclusively of police officers,
rather than members of civil society or
representatives of the victim’s family have
been included, raising questions about its
impartiality. Torture of juveniles remains a
serious concern in Nepal and although
allegations of torture and other illtreatment are numerous in Nepal, most of
them have not lead to an independent and
impartial investigation followed by the
prosecution of the perpetrators. In addition
to torture not being criminalized, there is
not any independent mechanism by which
to investigate allegations of torture.
PAKISTAN: A trade union leader and his
brother are murdered during strike
negotiations
Mr. Mustansar Randhawa (pictured), 35,
and his brother Naseer Randhawa, have
been gunned down by unidentified gunmen
during strike negotiations. The elder
brother was leading protests against low
wages, poor working conditions and the
intimidation of workers in Punjab power
loom mills, and had been engaged in stateled mediation with the owners just hours
before he and his brother were shot dead
outside his office. There are currently
concerns that a thorough, immediate and
impartial investigation may not be carried
out due to the influence wielded by the
power loom mill owners in the province.
The deaths have added to the environment
of intimidation faced by labour activists and
human rights defenders in Pakistan.
Dharmentra Barai, 16, was arrested at
around 12.30pm on 3 July 2010 regarding
his alleged involvement in a bicycle collision
in which a man had died a day earlier. He
was kept in custody in Rupendehi District. It
is unclear what happened to him during
custody, but shortly after midnight, he
complained of dizziness, headache and was
afraid he might die. He was already dead at
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14. C A V E A T | july 2010 | 13
REPORTAGE
LBH Masyarakat attended the XVIII
International AIDS Conference in Vienna,
July 2010
Vienna – Ricky Gunawan, Program Director
of LBH Masyarakat attended the XVIII
International AIDS Conference in Vienna,
from July 17 – 24. There, he delivered a
presentation on Thursday, July 22 entitled
“Legal Literacy in Indonesia: A Tool for
Empowering Drug users, Fishermen, and
People Living with HIV to facilitate selfrepresentation.” Other speakers in this
session, entitled “As Crucial as a Condom:
Legal Aid for Criminalized Groups” were
from Ukraine, Cambodia, Botswana, and
United States. Gunawan's presence at the
conference was supported by the Open
Society Institute and International AIDS
Society.
In his presentation, Gunawan explained how
community legal empowerment works
under the self-reliant legal aid framework
and presented the conceptual basis for that
model. That basis, Gunawan said, is
recognizing that community legal aid
empowerment is the first step towards
achieving social justice. “The objectives of
community legal empowerment are to
provide what we call 'first-legal aid,' and to
create alarm system within the community,”
he said, “all of which are carried out through
the work of community paralegal.”
Gunawan also elaborated the process of
creating paralegals which involves placing
the community as the primary subject of
legal aid, and using appreciative inquiry to
involve students in legal aid movements. At
the end of his presentation, Ricky outlined
lessons learned from LBH Masyarakat’s
experiences in undertaking community legal
empowerment.
Volunteers of International Bridges to
Justice assist LBH Masyarakat’s program
under 2010 JusticeMakers Fellowship
Aid and Human Rights, as a 2010
JusticeMakers Fellow. She has received
$5,000 to implement her program, “Access
to Justice for Detainees: A community legal
empowerment approach”. Under this
program, she will both provide legal and
human rights education for detainees and
also teach assistant detainees (tamping), to
provide counseling. As part of the
fellowship, IBJ has invited Larasati to take
part in a one-week program management
training in Singapore next month.
Additionally, the fellowship includes
assistance from two volunteers from United
States and one from Spain to document
Larasati’s program and LBH Masyarakat’s
activity in general.
In their second week, the three volunteers
Mar Costa, Sam Natale and Mike Kurban
have documented one of the communities
that LBH Masyarakat has worked to
empower in the last couple of years, Kali
Adem. They interviewed fishermen of Kali
Adem, understanding their problem which
is soon going to be evicted by the
government, and explored its unique
characteristics.
“I think the presence of Mar, Sam and Mike
is enormously important in the early stage
of our program. They have contributed their
brilliant ideas to sharpen our concept.
Additionally, they also assist us in many
ways they can and I think this is a good
opportunity for us to learn from them. Also,
it is a great chance for them to understand
the nature of our legal aid work and human
rights activism,” said Larasati.
The volunteers will produce articles and
short videos every week. Viewers can find
their reportage on IBJ's blog.
--
Jakarta – International Bridges to Justice
(IBJ) has named Ajeng Larasati, LBH
Masyarakat’s Assistant Manager on Legal
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15. C A V E A T | july 2010 | 14
ABOUT US
Born from the idea that all members of
society have the potential to actively
participate in forging a just and democratic
nation, a group of human rights lawyers,
scholars and democrats established a nonprofit civil society organization named the
Community Legal Aid Institute (LBH
Masyarakat)
By providing a wide range of opportunities,
LBH Masyarakat is able to join forces with
those concerned about upholding justice
and human rights to collectively participate
and contribute to the overall improvement
of human rights in Indonesia.
LBH Masyarakat is an open-membership
organisation seeking to recruit those
wanting to play a key role in contributing to
the empowerment of society. The members
of LBH Masyarakat believe in the values of
democracy and ethical human rights
principals that strive against discrimination,
corruption and violence against women,
among others.
LBH Masyarakat aims for a future where
everyone in society has access to legal
assistance through participating in and
defending probono legal aid, upholding
justice and fulfilling human rights.
Additionally, LBH Masyarakat strives to
empower people to independently run a
legal aid movement as well as build social
awareness about the rights of an individual
within, from and for their society.
LBH Masyarakat runs a number of
programs, the main three of which are as
follows: (1) Community legal empowerment
through legal counselling, legal education,
legal clinics, human rights education,
awareness building in regard to basic rights,
and providing legal information and legal
aid for social programs; (2) Public case and
public policy advocacy; (3) Conducting
research concerning public predicaments,
international human rights campaigns and
advocacy.
These programs are conducted entirely in
cooperation with society itself. LBH
Masyarakat strongly believes that by
enhancing legal and human rights
awareness among social groups, an
independent advocacy approach can be
adopted by individuals within their local
areas.
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16. C A V E A T | july 2010 | 15
Lembaga Bantuan Hukum Masyarakat
Tebet Timur Dalam III B, No. 10
Jakarta 12820
INDONESIA
P. +62 21 830 54 50
F. +62 21 829 80 67
E. contact@lbhmasyarakat.org
W. http://www.lbhmasyarakat.org
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