Права человека в Индонезии: состояние и перспективы.

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Human rights in Indonesia are defined by the 1945 Constitution (UUD 1945) and the laws under it; several rights are guaranteed especially as a result of the constitutional amendments following the Reform era. The Ministry of Law and Human Rights deals with human rights issues in the cabinet, and the National Commission on Human Rights (Komnas HAM), established in Suharto's New Order administration in 1993, is the country's national human rights institution. In 2022, Freedom House rated Indonesia's human rights freedom as 59 out of 100 (partly free).

Advocates for human rights have noted actions by the government of Indonesia as concerning. Although the country has had Komnas HAM, which enjoys a degree of independence from government and holds United Nations accreditation, the commission itself has little effect as it was not given any legal teeth against discriminatory practices committed by the government. Reports by Amnesty International, Human Rights Watch, and the United States Department of State highlighted the most common human rights issues in Indonesia, namely the situation in Western New Guinea region, the treatment of religious, gender and sexual minorities, sexual and reproductive rights, the rights of women, children, LGBT, and the disabled, and freedom of expression and association. Joko Widodo became the second Indonesian president to acknowledge past human rights abuses in his country. He publicly acknowledged the bloodshed of the 1960s. He also cited 12 cases, including massacres by anti communists, from 1965 to 1969, highlighting human rights violations in the Papua region. He assured that such serious human rights violations would never happen again.

In the original text of the 1945 Constitution (before amendments) there are various basic rights and obligations for citizens, but the term "human rights" itself is not mentioned in the text. According to Indonesian legal expert and current Coordinating Ministry for Political, Legal, and Security Affairs Mahfud MD, human rights are different from citizen rights contained in the 1945 Constitution, because human rights are considered rights inherent in humans naturally, while citizen rights are particular rights acquired because of one's Indonesian citizenship. On the other hand, Soedjono Sumobroto said that human rights are actually implied in the 1945 Constitution through Pancasila. In addition, in the preamble, content, and explanation of the current constitution, there are at least 15 principles of human rights. Meanwhile, other legal experts like Kuntjoro Purbopranoto have observed that there are human rights guarantees in the 1945 Constitution but not included systematically. According to him, there are only four articles that contain human rights provisions, namely Articles 27, 28, 29 and 31. Legal expert Solly Lubis also believes that the formulation of rights in the constitution is indeed very simple and brief, but according to Majda El Muhtaj this is natural because the drafting of the 1945 Constitution was too short to catch up with the time so that the 1945 Constitution could become the foundation for the newly independent state of Indonesia. The constitution itself was originally in effect from 18 August 1945 to 27 December 1945, but its enactment was ineffective due to the national revolution and socio political conditions that were not conducive at the time. After the Round Table Conference, the 1949 Constitution of the United States of Indonesia (RIS Constitution) came into effect. The constitution does not explicitly mention the word "human rights", however it clearly stipulates human rights in Part V entitled "Basic Human Rights and Freedoms". This section contains 27 articles, namely Articles 7 to 33. In addition, the 1949 RIS Constitution also sets out the basic obligations of the state related to human rights enforcement efforts in Section 6 ("Basic Principles"), itself consists of 8 articles. This emphasis on human rights is the influence of the Universal Declaration of Human Rights adopted by the United Nations General Assembly on 10 December 1948. The 1945 Constitution were returned into effect in 1959, and only underwent a number of amendments (including the human rights provisions) after the fall of the New Order. Human rights provisions then further stipulated in Act Number 39 of 1999 on Human Rights (Undang Undang Nomor 39 Tahun 1999 tentang Hak Asasi Manusia).

The Indonesian National Police (Polri) used unnecessary and excessive force against demonstrators and protesters, especially concerning land dispute cases. In the rare instances where investigations took place, little progress was made in bringing perpetrators to justice. In January, six palm oil farmers were seriously injured in Jambi Province after Police Mobile Brigade (Brimob) officers fired rubber bullets at them in an attempt to evict them from a plantation on which they were working. The plantation was the subject of an ongoing land dispute between the farmers and a palm oil company. In June, security forces used unnecessary and excessive force while attempting to evict forcibly a community in Langkat district, North Sumatra. The community had been involved in a land dispute with the local authorities. When the community protested against the eviction, police officers fired on the crowd without warning, injuring at least nine people. Six others were kicked and beaten. Amnesty International reports that over the last decade, significant steps have been taken to reform the Polri. The government has put in place legislative and structural reforms to strengthen their effectiveness in preventing and detecting crime, maintaining public order and promoting the rule of law. The police have also introduced internal regulations to ensure that international human rights standards are upheld during policing operations. Despite these positive moves, credible reports of human rights violations committed by the police continue to emerge, with the police routinely using unnecessary and excessive force and firearms to quell peaceful protests. Police have been implicated in beatings, shootings and killings of people during mass demonstrations, land disputes or even routine arrests. Although the authorities have made some attempts to bring alleged perpetrators to justice using internal disciplinary mechanisms, criminal investigations into human rights violations by the police are all too rare, leaving many victims without access to justice and reparations. This situation is made worse by the lack of an independent, effective, and impartial complaints mechanism which can deal with public complaints about police misconduct, including criminal offences involving human rights violations. While existing bodies such as the Komnas HAM or the National Police Commission (Kompolnas) are able to receive and investigate complaints from the public, they are not empowered to refer these cases directly to the Public Prosecutor's Office or the police internal disciplinary body. Repeated allegations of torture and otherwise ill treating detainees by security forces, particularly peaceful political activists in areas with a history of independence movements such as Papua and Maluku region, has been reported. Independent investigations into such allegations were rare. There were no investigations into allegations of torture and other ill treatment of 21 peaceful political activists by Special Detachment 88 (Densus 88), a police counter terrorism unit. The 21 had been tortured during arrest, detention and interrogation in Maluku in August 2010. Caning was increasingly used as a form of judicial punishment in Aceh. At least 72 people were caned for various offences, including drinking alcohol, being alone with someone of the opposite sex who was not a marriage partner or relative (khalwat), and for gambling. The Acehnese authorities passed a series of by laws governing the implementation of Sharia after the enactment of the province's Special Autonomy Law in 2001.

Indonesia's continuation of capital punishment, and the often corrupt judiciary and military has also led to political altercations with several human rights groups.

In October 2020, the Indonesian People's Representative Council passed a new jobs law that "restricts labor rights and dismantles environmental protections, including by threatening Indigenous people's access to land and the country's declining rainforests". According to Human Rights Watch, the new law weakens the protections for workers offered in the law from 2003, as well as the existing environmental laws and legal protections for Indigenous groups.

Abortion is illegal according to Article 75, Section 1 of Undang Undang Nomor 39 Tahun 2009 Tentang Kesehatan (Law No. 39 of 2009 on Health). Article 75, Section 2 of the Law on Health provides exception for medical emergencies during early pregnancy, a threat to the life of the mother and fetus, a genetic disorder or congenital disorder that might create difficulties for the baby's life, and for a pregnancy caused by rape. According to Article 76 of the law, abortion is allowed to be done before six weeks of pregnancy counted from the last menstruation unless in an emergency, must be performed by a certified health professional, done with the consent of the pregnant woman, with the consent of the husband (unless if the pregnancy is caused by rape), and in a ministry approved location. According to Article 194 of the law, every person who does abortion not in accordance to Article 75, Section 2 can get a maximum jail time of 10 years and a maximum fine of 1 billion rupiahs.