Indonesia has never fully laid down the bones of its horrific past tragedy, especially after the upheaval that swept its former eastern province of East Timor. However, it must also be said that the Indonesian authorities are not actually able to secure all human rights abuses taking place inside its own jurisdiction, particularly in its sensitive area of maritime law. In fact, many people believe that the new constitution that was recently approved by the Indonesian parliament does little to heal the wounds of East Timor’s civil unrests, and is largely toothless when it comes to prosecuting perpetrators. This has made the enforcement of Indonesian human rights law all the more complicated and challenging.

One major reason why this has become a challenge is that Indonesia has always been able to draw its inspiration from international law, most especially its obligations under the universal Declaration on the Human Rights of the Human Family. However, the universal Declaration on the Human Rights of the Family specifically addresses issues that concern children. The Indonesian authorities have consistently refused to acknowledge or adhere to this requirement, leading to calls for fundamental changes in the country’s human rights system that would allow for greater protection of children from human rights violators, as well as ensuring that all Indonesian citizens are guaranteed freedom of speech and peaceful assembly. International NGOs has repeatedly raised concerns about the restrictive human rights frameworks and practices in Indonesia, particularly in the area of child rights. Moreover, human rights defenders in Indonesia have frequently been subjected to harsh punishment, with many cases seeing their cases canceled altogether, before they could carry out their work.

The recent reforms have however, led to an increase in the number of cases being brought to the Indonesian courts. But where do these cases come from? Many have been carried out with the help and assistance of Indonesian lawyers who are dedicated to fighting for the rights of people from different ethnic and religious backgrounds, as well as people from different economic and social statuses. The increase in cases is also caused by the increased role that the Indonesian authorities have taken over the promotion of human rights awareness. A number of seminars and programs designed to promote human rights have been developed and are being used by Indonesian officials to bolster the promotion of tolerance and understanding towards the different cultures and religious communities that make up the country.

However, in June 2021, the Indonesian Constitutional Court declared the Indonesian National Congress and High Court to be the supreme body in charge of the formulation and implementation of human rights laws. The declaration by the Constitutional Court comes in response to several petitions that were filed against the constitutionality of two previous Indonesian constitutional bills. One of these bills had sought to enshrine the role of the Indonesian Office of the Commissioner of Indonesian Consultation and Examination in human rights affairs within the Indonesian legal framework. The other bill sought to codify and further define the human rights abuses covered by the Indonesian Constitution and other human rights ordinances. Both bills were rejected by the lower house of parliament, the House of Representatives, but later passed the upper house with a majority of votes.

Concerned parties, including members of the House of Representatives and the Senate, have filed numerous petitions against both bills challenging their constitutionality. The arguments put forward in opposition to the constitutionality of the two bills range from the protection of private and communal rights to the separation of religion and state, to the promotion of meaningful multilateral cooperation. Human rights defenders believe that the introduction of a foreign institution and the legal system will have a detrimental effect on the functioning of the Indonesian legal system. This will hinder the formulation and application of human rights in the country. It is also feared that the introduction of a foreign institution and the legal profession will challenge the efficacy of the Indonesian lower house in providing meaningful human rights legislation.

Some legal educators argue that there has been a consistent pattern by the Indonesian authorities in promoting or permitting the proliferation of extrajudicial crimes, which include disappearances, enforced disappearances and extrajudicial execution. In many instances, these crimes are committed with the support and consent of the Indonesian national government. Efforts by international criminal defense organizations to bring to justice perpetrators of such violations have met with limited success. Indonesian officials have repeatedly denied the existence of such crimes.

The proposal for a nationwide system of civil law was first tabled by the Indonesian parliament in 2021. However, it was not approved by the upper house in view of the fact that it would require a majority of votes in both houses of parliament for its passage into law. The Indonesian government has since then repeatedly stated that they have no plans to introduce a national system of law. They also insist that any attempts to introduce such a law would violate Articles 5 and 8 of the Universal Declaration of the Human Rights and the European Convention on Human Rights.

In response to mounting international pressure, the Indonesian authorities implemented a series of reforms in May 2021 including the establishment of the Office of the Special Rapporteur on the Prevention of torture and other Forms of Repression. The Special Rapporteur is expected to study the problems of Article 13 discrimination, Article 16 security, women’s rights, and protection of children, but has yet to issue his report. Despite these reforms, the Indonesia legal system continues to practice some of the most Draconian law practices, with hundreds of people being arrested and kept in prison on trumped up charges. Although the transitional justice initiatives of the Indonesian government have brought much improvement in the conditions of those held in prison, more people continue to fall victim to inhumane and arbitrary practices, with the number of people killed in custody seemingly rising every month