In this last edition of CAVEAT for 2009, we present a special report reviewing Indonesia’s rule of law and human rights situation throughout the year. We have chosen to highlight some of the more key issues, ranging from civil and political rights to economic, social and cultural rights. These areas are fundamental issues that Indonesia should address in 2010 in order to improve its situation and that of its people. This year, Indonesia experienced an uncompromising state of affairs on human rights and bore witness to its own failing rule of law. If these conditions further deteriorate, and the government fails to prevent such incidents, Indonesia risks creating a state of anarchy, where the rule of law has collapsed and the enforcement of human rights is absent.

Rose (not her real name) has been using drugs for more than ten years. During that time, she had been arrested a number of times, and her life has been harrowing. Not long ago, she began to feel hope for the first time, when in a breakthrough decision, Indonesia's judges decided to send her to a rehabilitation center to treat her addiction. However, Indonesia's rotten and corrupt judicial system dashed her hopes.

Over the past few months, Indonesia has been stunned by the drama of the rivalry between the Indonesian National Police and the Corruption Eradication Commission (KPK) as the anti-corruption saga reaches new heights. There was public outcry when police detained two of the KPK’s deputy commissioners. This sentiment escalated when the Constitutional Court heard wiretapped recordings of conversations between high-ranking law enforcement officials and suspects in corruption cases. The recordings indicate that there is a systemic plot to eliminate the KPK and further, that justice has not been served. In this state of affairs, President Susilo Bambang Yudhoyono’s awkward neutrality is disheartening. His strong commitment to fighting corruption must be translated into practice as the epic between the “gecko” (KPK) and the “crocodile” (Indonesian police) – as coined by the latter – is alarming and threatens to collapse the country’s rule of law. Our main report in this edition of CAVEAT will take you along the journey of this saga and examine how Indonesia should take the opportunity to complete a thorough reform of its law enforcement institutions.

The chief of the Indonesian National Police issued a regulation earlier this year regarding human rights protections for those in police custody. One article clearly prohibits arbitrary arrest and detention as well as torture. Although this is positive action, the regulation is useless, as torture by the police continues.

This month’s CAVEAT provides insight into the fraught journey of minority groups to access justice, exemplified by the story of a man who was evicted from his home, lost his belongings and has struggled to receive any form of compensation. Access to justice has been recognized as essential to supporting and empowering disadvantaged people and the ability to access justice enables lower-socio economic sectors to address and counter inherent biases in society thereby creating a more democratic system of governance. However, reality speaks differently.