Justice, Democracy, Human Rights, and Indonesia
by Antonella Lentini
Indonesia, a country that claims to be democratic, has shown otherwise by detaining 18 Papuans for using their right to freedom of expression, a right given to them in article 28 of Indonesia’s 1945 constitution. The government calls their peaceful, non-violent methods of protest for the independence of Eastern Indonesia “hate showing,” and is the apparent reason for their imprisonment, according to Human Rights Watch. The Indonesian court has not defended these political prisoners; instead the court convicted the prisoners with sentences that range from ten to twenty years for doing nothing more than expressing the rights given to people in any truly democratic society.
In the name of safety, governments all over the world have infringed upon individuals’ rights. In Indonesia, political prisoners are being accused of committing crimes against the security of the state, but peaceful protesting is in no way endangering the state. Provisions made by the Indonesian government have been used against political activists, charging organizations with makar (treason or rebellion) and violating articles in the constitution. Article 106 states: “the intention of bringing the state under foreign rule or to separate shall be punished twenty years.” Article 107 states: “causing a revolution shall be punished fifteen years, leaders of revolution shall be punished twenty years.” And Article 108 states: “Those guilty of rebellion (punishment of fifteen years), and those who rise or join to take arms against government and the leaders of the rebellion shall be punished life imprisonment or twenty years.” No evidence of these crimes was presented in the courtroom, yet all the accused have been imprisoned. The Papuans organized peacefully, raising flags and attending meetings to work towards independence. The court cannot honestly maintain that they violated any of the articles in the constitution.
The decision to imprison them in the name of “safety,” is entirely undemocratic. “Instead of upholding individual rights, the courts are being used as a tool of repression,” said Art Director of Human Rights Watch, Brad Adams. In a democratic society, it is the duty of the justice system to ensure the constitution is obeyed and individuals’ rights are protected. Yet in Indonesia, the justice system is failing, and the unjust conviction of the 18 Papuan political prisoners shows just how far the country has to go before it can reach any semblance of democracy.
Despite the fact that in 2006 Indonesia worked together with the UN Security Council and United Human Rights Council, it was a face-saving move only to improve the nation’s image. Individuals are still being punished for expressing their beliefs and are still receiving cruel and inhumane treatment from police authorities. On Dec. 2, 2004, Filep Karma and Yusak Package were arrested for flag-raising. Suddenly, the peaceful protest turned violent, even ending with gunfire. “That day in 2004 we were arrested, we were put on a truck, my hands were locked behind my back, they pulled my hair and put me on a truck,” said Karma to the Lateline Australian Broadcasting Corporation in a secret interview while he was being transported from jail to a hospital. Papuans do not feel safe living in the Indonesian republic, he said. “There are many inhumane treatments that we’ve experienced. Indonesia always says we’re Indonesians, but the treatment we receive doesn’t feel like we’re brothers of the same nation. Our experience is that we’re like slaves and they’re the masters,” Karma said.
The inhumane treatment and seclusion of political prisoners for crimes that are not justified are violations of the United Human Rights Council. Linus Hiluka, a political prisoner charged with rebellion against the state and associating himself with the Ballem Papua Panel, an organization accused of fighting for Papua to become its own region, is also a victim of the Indonesian government, according to Human Rights Watch. Hiluka was not only denied an appeal from the Supreme Court of Indonesia for “receiving the brief after the 14-day appeal period,” but was also relocated to a secluded prison where it is almost impossible for his lawyer and family to visit him.
The police have been brutally punishing peaceful protesters. Seven individuals were arrested for raising the “Bintang 14” flag, the flag of a group campaigning for an independent West Malanesian state. According to reports from that day on July 7, 2003, a police member shot one of the protesters. In a democratic society, the law is supposed to be used to protect those who utilize freedom of expression, not abuse and imprison them.
Works Cited
“Convicted Papuan speaks out,” Lateline, Australian Broadcasting Corporation,
broadcast May 4, 2006, http://www.abc.net.au/lateline/content/2006/s1631133.htm,
(accessed December 11, 2006).
Human Rights Watch
http://www.hrw.org/reports/2007/papua0207/5.htm#_ftn39
