A/HRC/8/52
page 137
Indonesia and by law is one of the most powerful commissions in the world. In addition, the
Commission has established cooperation with various countries and received assistance from
many donors.
354. Working closely with the Constitutional Commission and the various non-governmental
organizations, Indonesia is undertaking a judicial review of Law No. 27 of 2004 on the Truth and
Reconciliation Commission. Given the importance of an inclusive and fully participatory
approach, intensive socialization and consultation on this process are currently under way.
Indonesia also informed the meeting of efforts to revise Law No. 39 of 1999 on Human Rights
and Law No. 26 of 2000 on the Human Rights Court, with a view to strengthening the judicial
process in addressing human rights violations.
355. Indonesia stated that while it is aware of the long process involved in the comprehensive
revision of the Penal Code, the Government is currently considering the amendment of
article 351 of the Code on ill-treatment. In particular, this amendment will bring the formulation
of the Code to cover the crime of torture as defined in the Convention against Torture, an
instrument to which Indonesia is a party.
356. Indonesia stated that most of the points raised by other stakeholders were sufficiently
addressed in its statement. Indonesia responded to the criticism levelled at the Government by
the Komnas-HAM. As already stated, its legal foundation makes it one of the strongest
commissions. While acknowledging that it is funded by the State budget, the Commission has
never been prevented from criticizing the Government in any forum, including in this Council.
357. Concerning the criticism on the way the Government has handled the issue of Ahmadiyah,
Indonesia reiterated that it has never interfered in interpreting religious doctrine or limiting
religious freedom in the country. The Ahmadiyah issue is not simply a question of freedom of
religion. Extra caution is needed since this issue is highly sensitive and involves dual aspects. On
the one hand, the Government is responsible for promoting a harmonious life among religions
and their believers. On the other hand, the Government is mandated to uphold law and order, and
committed to eradicate extremism and radicalism.
2. Views expressed by member and observer States
of the Council on the review outcome
358. Algeria commended Indonesia on its cooperation and commitment to promote and protect
human rights and address the complex challenges it faces in this respect. Algeria thanked
Indonesia for its transparent participation and genuine dialogue, which shows its commitment to
progress in its human rights obligations. It is a responsibility to create a conducive atmosphere to
support the Government in doing so. Indonesia’s willingness to accept the universal periodic
review recommendations based on the mutually reinforcing recommendations of treaty bodies,
special procedures and civil society contribute to the effectiveness of the universal periodic
review. Algeria noted Indonesia’s acknowledgement of the need to continue human right training
and education for security and law enforcement officials as well as the ongoing efforts to protect
women and children. In line with the National Plan of Action, Algeria commended Indonesia on
its willingness to work towards acceding to the Optional Protocol to the Convention on the
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