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PUBLICATION

CAVEAT, Vol. 15/II/2010

CAVEAT, Vol. 14/II/2010

CAVEAT, Vol. 13/II/2010

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PUBLICATION

CAVEAT, Vol.09/II/2010

Date : 24-02-2010
From : Admin
Source : LBH Masyarakat
PDF : CAVEAT - Vol 09 - II - 2010.pdf

February this year is a special month for the Chinese as they’ve just celebrated the Chinese New Year. Gong Xi Fat Cai! May the New Year bring us new blessings, new happiness and new wealth. It is not only a new year; there are also new things in CAVEAT, starting in this month’s edition. In cooperation with a regional NGO based in Hong Kong, the Asian Human Rights Commission (AHRC), we will present updates on the human rights situation in other Asian countries in Rights in Asia. CAVEAT’s other new column, Reportage, highlights the work of LBH Masyarakat and details some of our February activities.

In this month’s Main Article column, we examine the controversy currently surrounding the fundamental human rights of freedom of religion and freedom of expression. A recent application for constitutional review of the 1965 Blasphemy Law has re-invigorated the freedom of religion debate in Indonesia. The Indonesia Constitution and domestic law on human rights guarantee freedom of religion and freedom of worship. Unfortunately, in practice, one cannot rely on this ‘guarantee’ to exercise the right to worship the religion of one’s choice. Those who have beliefs which are different to the mainstream religions may be labelled as deviant, or face physical abuse, as in the case of followers of Islamic sect, Ahmaddiya. This article critiques this gap between words and practice in relation to freedom of religion in Indonesia.

The Additional Feature in this month’s episode highlights the debate around the power of the Attorney General’s Office (AGO) to ban printed materials believed to have the potential to disrupt public order. In December last year, the AGO banned five books by a decree, igniting a debate on freedom of expression. Author of banned book Enam Jalan Menuju Tuhan, Darmawan, filed an application for constitutional review with the Constitutional Court in February, on the grounds of violation of his right to freedom of expression.

The government and supporters of the book ban defend the actions of the AGO on the basis that freedom of expression and freedom to information are subject to limitation. Notwithstanding this, it is important to critically analyse whether the power to limit these rights is exercised in a manner compatible with the principles of human rights. We argue that, in accordance with the International Covenant on Civil and Political Rights (ICCPR), a degree of proportionate limitation on the exercise of the right to freedom of expression and information in the name of public order is justifiable. However, even in such circumstances, the power to ban books must be exercised in accordance with certain criteria; the exercise of power should be a proportionate response to the threat, it should be exercised in accordance with a set of objective criteria and should be subject to review or appeal.

The final article is an opinion piece written by Ricky Gunawan which looks at the story of Rose, a drug user sentenced by Indonesian courts to rehabilitation. Rose was asked to pay an amount of money for her rehabilitation even though Indonesia’s Narcotics Law clearly states that the state will pay the treatment costs of drug addicts found guilty of drug offences under the Narcotics Law. Gunawan criticizes Indonesian’s legal system which is unprepared to serve convicted drug users in need of rehabilitation.

Last but not least, we invite your constructive criticism. We hope you find this month’s CAVEAT along with its new columns, useful for your understanding of human rights affairs in Indonesia

Thank you for your ongoing support!

The Editor

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