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| Legislative Obstacles |
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Despite attempts at reform, much of the legislation that has been passed to improve human rights conditions in Indonesia
remains incomplete or ineffective. As Human Rights Watch notes, “(Former President) Wahid proved strong on the symbolism of human rights and
weaker on the implementation of safeguards.”
Although the Anti-Subversion Law was abolished, key provisions were incorporated into new regulations in the Criminal
Code under Articles 154, 155 and 160. Dubbed the “Hate-sowing Articles,” (Haatzaai Artikelen) they forbid the spreading
of hostility, hatred or contempt towards the government or “inciting” others to disobey the government. They carry prison
sentences of between four and a half and seven years. Activists in both Aceh and Papua have been detained under this legislation. Muhammad Nazar, the chair of SIRA was arrested in November 2000 in connection with his role in organizing
pro-independence protests in Aceh and five prominent Papuan political activists are also in prison.
While the proposal of a human rights court is a significant step forward, many fear that the court would be constrained
by existing legislation. A constitutional amendment barring “retroactive” laws could prevent individuals from being charged with international crimes such as war crimes and crimes against humanity. The independence of the court could also be threatened as the judiciary remains subordinate to the executive branch of government. According to the Indonesian Constitution, the executive plays a role in appointing judges and prosecutors. It also has the power to decide whether a human rights case should be established if gross human rights violations occurred before the legislation came to force.
For more information, please see the full text of the Indonesian constitution
Human rights groups are also concerned about recent limitations on the freedom of the press. In January 2001,
Indonesian Foreign Minister, Alwi Shihab, announced that foreign journalists would require special permission before
traveling to Aceh, Papua and Maluku.
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