Academic freedom: another victim of the ITE law
Saiful Mahdi, a lecturer from Syiah Kuala University (Unsyiah) in Banda Aceh, is the latest casualty of the Law on Electronic Information and Transactions (the so-called ITE Law). Charged with defamation under Article 27(3) of the law, Saiful was sentenced to three months in prison (and a fine of Rp 10 million or A$953) after he criticised his
Actived: 1 days ago
Can the omnibus law do what its drafters claim, and bring
(4 days ago) The Indonesian national legislature passed the controversial omnibus Law on Job Creation on 5 October, immediately triggering widespread protests in Jakarta and many other cities across the country. The law revised hundreds of articles in 76 existing laws related to Indonesia’s investment climate and ease of doing business, covering a wide range of areas, including small and …
Attempts to revise draconian ITE Law stumble
(9 days ago) The law has become so distorted from its original function that it has now emerged as one of the most pernicious threats to freedom of expression in Indonesia and a stain on the country’s fragile democracy. In fact, use of the law has escalated rapidly under the Jokowi administration.
Illegal or protected
(8 days ago) In fact, Law No. 6 of 2011 on Immigration does not even include asylum seeker or refugee terminology in its provisions. Although the Law includes an exclusionary clause for victims of people smuggling and human trafficking under Articles 86 and 87, these clauses do not clearly include asylum seekers or refugees as victims of people smuggling or
Proposed changes to election law threaten women, diversity
(5 days ago) Proposed revisions to Indonesia’s 2017 Election Law are being closely watched by civil society groups. They are concerned that the changes will concentrate power in the hands of elites at the national level, limit women’s representation in politics, and sideline issues like gender equality, labour rights, anti-corruption efforts, indigenous peoples, and the environment.
Law as a weapon: the 'criminalisation of ulama
(9 days ago) Jokowi’s statement reflected a view common among his supporters – that what is occurring is simply enforcement of the law. The president’s supporters will typically say something along the lines of: “these are not cases of criminalisation of religious leaders; it is the opposition that has made religious leaders out of criminals”.
Indonesia’s long wait for its own criminal code
(1 days ago) Finally, when (or if) the draft code becomes law, this will likely not be the end of the criminal law reform process. Lawmakers then plan to deliberate a draft criminal procedure code. The existing, problematic code dates back to 1981. Reforming it may have even more impact on the criminal justice system in Indonesia.
(5 days ago) A CRCS research report suggests that the Blasphemy Law and Bakor Pakem have provided vigilante groups with legal justification to marginalise, discriminate against, and even attack minority religious groups. If the Smart Pakem app is not recalled, we may see more cases of persecution. And if religious harmony is the objective, as the AGO argues
To achieve real representation, women need more power in
(5 days ago) Source: Ministry of Law and Human Rights data The past two elections, in 2009 and 2014, saw mixed results for women’s representation. Although the total number of female candidates elected to the House of Representatives (DPR) dipped slightly from 2009 (18 per cent) to 2014 (17 per cent), the proportion of successful candidates who also held
‘Home is not safe’: domestic violence increases as Covid
(1 days ago) Under Indonesia’s Anti-Domestic Violence Law (No. 23 of 2004), physical, psychological, sexual and economic violence are criminalised. But even before the Covid-19 outbreak, there were many barriers to implementation of the Law. These range from a lack of public education about domestic violence to under-resourcing of front-line services.
The anti-sexual violence bill: a clash of values or
(4 days ago) The problem of sexual violence in Indonesia has reached crisis proportions, with an increasing number of cases reported each year.A bill has been introduced to tackle the issue. Unfortunately, it has become a political battleground for women’s and LGBT rights, and pro-democracy movements fighting the influence of rising religious conservatism.
Omnibus law shows how democratic process has been corrupted
(4 days ago) The revised law extends the maximum term for judges from five to 15 years, and allows them to hold their position to the age of 70, ten years longer than before. Activists claim the change is a gift to sitting judges, who in return may offer political advantages to the ruling elite.
Will victims of rights violations finally get a truth and
(8 days ago) Although the 2004 TRC Law has been abolished, this does not mean that a new law cannot be formulated. Indeed, there is a strong legal basis for passing a new version: MPR Decree No. V of 2000 on the Consolidation of National Unity and Law No. …
Why legal aid is not working in Indonesia
(6 days ago) Indonesia’s legal aid program was established under Law No. 16 of 2011 on Legal Aid, which states that legal aid must be provided free to all poor people for criminal, civil and administrative matters. The national legal aid program was formally launched in 2013. Before the passage of this law, there were only limited guarantees for legal
Child marriage: Constitutional Court finally ditches
(6 days ago) The Court agreed with the applicants that the Constitution places men and women on equal footing and that the 1974 Marriage Law – Article 7(1) of which defines the marriageable age as 16 for girls and 19 for boys – was a form of discrimination against women. This was in sharp contrast to the Court’s previous decision.
Why strengthening anti-terror laws is not the answer
(4 days ago) The vague language and broad reach of the 2011 State Intelligence Law led a coalition of civil society organizations to seek judicial review of the law by the Constitutional Court in 2012. The coalition challenged 16 articles that it felt had the potential for abuse of power.
Talking Indonesia: the omnibus Law on Job Creation
(4 days ago) The 1000+ page law includes 186 articles and revises 77 existing laws, yet it took a relatively short time to be drafted and reviewed before being passed into law. For months, legal scholars and academics warned about the lack of transparency around the drafting of the law and the haste with which it was completed, arguing it was unlawful.
Academic freedom under fire: constitutional law scholars
(9 days ago) The Constitutional Law Society (CLS) at UGM had planned an online discussion on “Dismissing the President in a Pandemic, a Constitutional Perspective”. The treason accusation is ridiculous because the event aimed only to discuss the possibility of presidential impeachment during the Covid-19 crisis. Impeachment is a constitutional and legal
Indonesia’s omnibus bill: typo or ‘mistaken instruction’
(7 days ago) Article 170 directly contradicts the Law on Lawmaking (Law No. 12 of 2011), which makes it clear that a government regulation ranks below a statute (which the omnibus bill would be), and that a lower law cannot amend a higher one. If passed, this bill would allow the government to directly change a statute whenever it wished, taking the power
Indonesians better get ready for jail, as flawed new
(8 days ago) As Minister of Law and Human Rights Yasonna Laoly has stated, this represents a compromise between abolitionist and retentionist views. Notwithstanding the problems with imposing capital punishment in the first place, making a felon wait on …
What explains Indonesia’s enthusiasm for the death penalty
(2 days ago) When law enforcement is driven not by evidence but by public outrage or anxiety, the result is an increase in miscarriages of justice, as well as torture and arbitrary arrest and detention by law enforcement officials. As in other countries, the cases most vulnerable to being exploited by penal populists, and resulting in such miscarriages of
What is a fatwa and what does it mean for Indonesian
(4 days ago) As Syafiq and others have highlighted, Law No. 23 of 2011 on the Management of Zakat (Islamic tithings) was directly influenced by an MUI fatwa on the same matter. Likewise, an MUI fatwa on pornography played a significant part in shaping the 2008 Pornography Law.
The destruction of the KPK flags the failure of democratic
(9 days ago) Indeed, it may be the fatal blow. Despite the damage done by the revisions to the KPK law in 2019, up to this point, dedicated KPK investigators have still been able to expose major corruption scandals, including those involving high profile politicians. But with this purge of key investigators it looks like the KPK has been well and truly
Prabowo’s challenge: in search of a legal and evidentiary
(8 days ago) First, Article 227(p) appears in a chapter of the 2017 Elections Law that deals with the proposal and nomination of legislators as well as the president and vice president. The prerequisites for presidential and vice-presidential candidacy are mentioned …
Indonesia's obsession with ideology: the case of the
(Just Now) In 2017, for example, following the anti-Ahok protests, the Jokowi government enacted a regulation that provides it with sweeping powers to ban any organisation that contradicts Pancasila (Government Regulation in Lieu of Law No. 2 of 2017 amending the 2013 Law on Mass Organizations).
Child marriage surges amid Covid-19 and growing
(5 days ago) Further, Indonesian family law is a complex patchwork of national, customary (adat), religious, and Dutch colonial laws. While the revised Marriage Law sets a clear minimum age of 19 for boys and girls, and only allows child marriage with court approval, adat and religious laws have their own definitions and guidelines. Although the courts do
The 2020 Constitutional Court Law amendments: a ‘gift’ to
(6 days ago) On 1 September, Indonesia’s national legislature (DPR) passed amendments to the Constitutional Court Law. This statute, which has now been amended three times since its enactment in 2003, covers many aspects of the functioning of this Court, including its jurisdiction and the appointment and dismissal of its judges.
Why is the Industrial Relations Court failing workers
(8 days ago) Law No. 18 of 2003 on Advocates stipulates that people defending a case must have an advocate’s certificate or be a member of the legal profession. Unions are therefore usually unable to defend their members in court, so labour disputes end up being fought with individual rather than collective strategies, which are rarely effective.
Should (and could) Indonesia go back to separate
(Just Now) The 2017 General Elections Law requires that votes be counted on election day. So, after a long day, many worked late into the night and into the early hours of the morning to check and cross check their counts. It was anticipated that running these elections simultaneously would increase efficiency and reduce costs. But it did not.
Baiq Nuril, the ITE Law and #MeToo Indonesian style
(4 days ago) The Law has also been used against a person who ran a pornography business, distributing pornographic videos to subscribers (Decision 217/Pid.Sus/2018/PN Jkt.Tim). In this case, the distribution may have been with the permission of the people filmed. Both these types of cases are uncontroversial, as they are clearly against the Law.
Does Indonesia really need a land bank
(3 days ago) One of the myriad legal changes packed into last year’s controversial Omnibus Law on Job Creation (Law No. 11 of 2020) was a decision to establish a national land bank. This would be a special agency to manage and guarantee the availability of land to be used for economic development, including for public infrastructure, housing, investment, and agrarian reform.
Has the Supreme Court just created a legal aid crisis
(8 days ago) The Supreme Court dealt a major blow to access to justice in late May when it ruled that paralegals are no longer permitted to provide direct legal assistance in Indonesian courts. The Court ruled in favour of a challenge to Articles 11 and 12 of Ministerial Regulation 1 of 2018 on Paralegals and Legal Aid Providers, deciding that the articles conflicted with Law 18 of 2003 on Advocates.
Domestic violence in marriage: tackling the taboo
(3 days ago) The 2004 domestic violence legislation guarantees the rights of victims to protection from any physical, sexual, psychological, or economic suffering in the household. Under the law, perpetrators of violence can be arrested and prosecuted and may face fines of Rp 45 million (A$4,890) and up to 15 years imprisonment for injuries resulting in
Jokowi’s call to stall mining law revisions rings hollow
(5 days ago) Revisions to the Coal and Mineral Mining Law that would protect corruptors, criminalise communities and endanger people and the environment are now under discussion by incoming legislators, despite President Joko “Jokowi” Widodo’s request last year for the process to be suspended.
The Indonesian Broadcasting Commission: policing
(4 days ago) The heteronormative family was the pillar of the nation, a concept enshrined in the 1974 Marriage Law. Men were depicted as leaders and, as providers for the family, had to be economically productive. Women, as housewives, were required to raise children and support their husbands’ careers. Women were also responsible for guarding the
Taking Jokowi to court over Covid-19: is the government
(6 days ago) Finally, Indonesia is a party to the 2005 International Health Regulation, a legally binding instrument of international law dedicated to global health security. In the Covid-19 case, the court may examine whether the government effectively employed surveillance systems and laboratories to detect potential health threats, and reported on the
AILA's unsuccessful petition: a narrow escape from
(3 days ago) Last week, the Constitutional Court rejected a petition from the Family Love Alliance (AILA) that sought to criminalise consensual sex outside marriage. Rafiqa Qurrata A'yun writes that AILA’s petition was an attempt to bypass the normal process of formulating criminal law, and could have had serious consequences for the rights…
Q&A: Melissa Crouch on the Blasphemy Law
(3 days ago) In the wake of the police decision, Indonesia at Melbourne spoke to Dr Melissa Crouch, who has published widely on Indonesia’s Blasphemy Law (Law No. 1/PNPS/1965), about the growing use of the law in democratic Indonesia, and the possible consequences for Ahok. Indonesia is a majority Muslim country but the state officially recognises five
Media oligarchs fail to adapt, attack social media
(1 days ago) The two stations argue that live streaming on social media should be regulated under Law No. 23 of 2002 on Broadcasting, to put them on an equal footing with television broadcasters. There is no doubt that the rise of social media has helped democratise Indonesia’s media landscape.
Talking Indonesia: the Corruption Eradication Commission
(4 days ago) August 26, 2021. Indonesia’s once-feted Corruption Eradication Commission (KPK) established itself as one of the most trusted institutions in the country, through its prosecutions of ministers, heads of state agencies, political party figures and legislators from across the political spectrum, as well as judicial and law enforcement officers.