Category: Law

Indonesia rebuffs claims it issues tourist visas for Israelis

The Indonesian government said Sunday it was not issuing tourist visas for Israeli passport holders, debunking a report from an Israeli news outlet, which claimed that it was accepting applications for tourist visas from Israelis.

Agung Sampurno, a spokesman for the immigration department of Ministry of Justice and Human Rights, said that there was no tourist visa specifically for Israelis as Indonesia already has a free-visa policy for nationals from 169 countries to enter the country for tourist or leisure purposes.

Israel is not included on the list since Indonesia does not have diplomatic relations with Israel.

“Our visa policy has not change in accordance with our foreign policy,” Sampurno said.

Israeli news portal Haaretz.com reported on Thursday that Israelis could soon see the “gorgeous destinations” that they “could only see in the movies” by applying for a tourist visa to Indonesia beginning on May 1, and the report described the process as “expensive and lengthy.”

According to the report – which did not provide information from the Indonesian authorities – Israelis can apply for the visa through the “Israel Indonesia Agency” and that “talks are underway to let Israelis get their Indonesia visa in Israel.”

“The news report that said Indonesia was giving out tourist visas to Israel is a hoax” Sampurno said.

The agency’s website was still accessible on Friday but was no longer so on Sunday. According to the website, a single-entry visa costs applicants $135, with which they can stay for 30 days, and an extension for another 30 days will cost applicants $35.

According to the website, “in April 2018, the Ministry of Immigration of the Republic of Indonesia decided to open up a temporary visa quota for Israeli passports to travel to Indonesia under all foreign visa categories to determine the impact and potential of increased bilateral relations between the nations.”

It also featured pictures of a white sandy beach with turquoise blue water and a destination believed to be Raja Ampat, a cluster of 1,500 jungle-covered small islands known as a diver’s paradise and located on West Papua province on the eastern part of the Indonesian archipelago.

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Screenshots from the now-defunct Israel Indonesia Agency website, which claimed it offered assistance for Israeli passport holders to secure tourist visas to Indonesia.

“There is no such ‘Ministry of Immigration’ in Indonesia,” Sampurno said.

A statement from the Foreign Ministry said the Indonesian government institution in charge of any immigration issues is the Directorate General of Immigration, which is part of the Ministry of Justice and Human Rights.

“The Directorate General of Immigration of the Ministry of Justice and Human Rights of the Republic of Indonesia neither recognize nor has relations with Israel Indonesia Agency.”

The statement also said the information in the agency’s website was “wrong and misleading” and that the only way for Israeli passport holders to secure Indonesian visa was through the “calling visa” process.

Sampurno said the calling visa mechanism is available for citizens of nations with which Indonesia does not have diplomatic relations.

The decision to grant a calling visa involves a number of government agencies with the Foreign Ministry at the lead and the conditions applied to a calling visa holder are very restrictive.

“The visa holder’s whereabouts is limited to a certain place. For example, if the holder stated in the application the place would be in Jakarta, the visa holder can’t go further even to the suburbs of Jakarta and the visa holder can only enter Indonesia through Jakarta’s Soekarno Hatta airport,” Sampurno said.

“There will also be constant monitoring from the authorities to the calling visa holder,” he added.

The story was first published in Arab News

 

Indonesian president urged to ban child marriage

Women’s rights activists in Indonesia are pushing President Joko Widodo to issue a presidential regulation that will make child marriage illegal in the country, where its prevalence is one of the highest in world.

They submitted on Apr. 20 their proposed draft of a presidential regulation to Widodo, in lieu of a law to prevent and abolish early marriage. Presidential spokesman Johan Budi, confirmed that the meeting took place in Bogor Palace.

Naila Rizqi Zakiah, a public attorney from Community Legal Aid Institute (LBH Masyarakat) and one of the 18 activists invited to meet with him, said they raised three issues: Child marriage, the bill to amend the criminal code, and the bill against sexual violence.

“The first issue the president responded to was child marriage,” Zakiah said.

“We asked him to issue a presidential regulation in lieu of a law to prevent and stop child marriage. We’ve come up with a draft, and we submitted it to him for his perusal.”

She said Widodo responded “positively” to the proposal after they explained to him that child marriage could deny children their basic human rights and hinder national development.

“We submitted this draft because we think rampant child marriage in the country is an emergency situation, while the procedure in Parliament to amend the articles on the minimum age to marry in the marriage law could be lengthy,” Zakiah said.

The Ministry of Women’s Empowerment and Child Protection has urged Parliament to prioritize amending the 1974 marriage law to raise the minimum age for females to marry to 20 and for males to 22.

The law requires parental permission for those under 21 who want to marry. The minimum legal age for women to marry is 16, and 19 for men.

Parents can request a legal exemption from a religious court to marry children younger than that, with no limit on the minimum age.

Women’s and child rights activists have been advocating to raise the minimum legal age for females to marry to 18, in line with the child protection law that categorizes those under 18 as minors.

“It’s still not the ideal age to get married, but would be the minimum (acceptable),” said Maria Ulfa Anshor, a commissioner for the Indonesian Child Protection Commission.

“We appreciate the president’s response. We’ve been waiting for so long for this move, especially since the risks and dangers of child marriage, such as the high maternal mortality rate, are so real,” she added.

“I hope there will be no more child marriage, because the courts give exemptions to do so.”

The Constitutional Court in June 2015 rejected a request to review the marriage law and raise the legal age for girls to marry from 16 to 18.

According to UNICEF, child marriage in Indonesia is rampant, with more than one in six girls, or 340,000, getting married every year before they reach adulthood.

Child marriage is most prevalent among girls who are 16 and 17, but there has been a decline among under-15s.

The debate about banning child marriage resurfaced following media reports of a 14-year-old girl and her 15-year-old boyfriend in South Sulawesi province who sought an exemption from a religious court to get married, which they obtained. They reportedly got married on Monday.

The story was first published in Arab News

Indonesian LGBT community wins respite from criminalization

The lesbian, gay, bisexual and transgender (LGBT) community in Indonesia can breathe a sigh of relief, at least temporarily, as the House of Representatives has put on hold for the next few months the passage of revisions to the Criminal Code which include articles that would criminalize gay sex and extramarital sex.

Teuku Taufiqulhadi, a member of the House of Representatives’ working committee deliberating the bill, said the revisions were almost final but some articles required approval from different factions in Commission III, which oversees legal affairs, justice, human rights and security.

The bill was previously scheduled to be passed into law through the House’s plenary session in February but was sidelined after a public outcry over several controversial articles, as lawmakers and government were finalizing the 12-year deliberation to amend the penal code originally written by the Dutch during the colonial era.

“We are giving more time in the next two or three months for the public to provide feedback on the bill to us,” said Taufiqulhadi, a legislator from the National Democratic Party.

The most recent feedback came from the Indonesian Muslim Intellectuals Association (ICMI). They met lawmakers earlier this month to convey their recommendations and urged the parliament and President Joko Widodo to soon enact regulations that could criminalize and contain deterrents to LGBT activities. They also recommended that homosexuality should be categorized as a mental illness.

“Adulterers, lesbians, gay men and other deviant sexual activities should be severely punished, as well as those who advocate, facilitate, provide funding or groups that take economic and political advantage from the deviant sexual behavior,” Sri Astuti Buchari, a deputy chairwoman at ICMI said during a discussion on Apr. 6.

She also called for greater cooperation to block pornography and LGBT channels on social media platforms and the internet.

Some of the most controversial articles in the bill, known by its acronym KUHP, are those regulating general morality. The articles included an expanded definition of adultery and gay sex between consenting adults, with heavier sentences for violations. The revisions, which will seek a five-year prison term for adultery and one year for couples accused of cohabitation, were made following request from the Indonesian Council of Ulema (MUI) and a mounting push from religious conservative groups.

Under the current Criminal Code, consensual same-sex relations are not treated as crimes, except in Aceh where the province has a special autonomy to impose shariah law.

An article that previously only criminalized only paedophiles has been expanded to also criminalize all gay sex between consenting adults.

“We continue to push for the removal of the specific mention of sexual orientation in the proposed article. As long as the sex is non-consentual or with a minor, it should be enough to constitute a crime,” said Anggara, the executive director of Jakarta-based rights advocacy group Institute for Criminal Justice Reform (ICJR).

The morality articles have been criticized for meddling too much in citizens’ private lives and creating potential of new crimes at a time when law enforcement agencies are already overwhelmed and understaffed in the face of more pressing offenses such as drugs, human trafficking or terrorism. Correctional facilities are also bursting at the seams with overpopulation.

Arsul Sani, a legislator from the Islamic-based United Development Party (PPP) and member of the working committee vetting the bill, defended the expanded definition of adultery to include gay sex and extramarital sex, saying it reflected the people’s philosophical, social and cultural values.

Sani said in February after the House plenary session that the proposed morality article would prevent ‘street justice’ or people taking matters into their own hands to harass those engaged in sexual activity they disapproved of, even if it is between consenting adults.

“It is necessary to expand the fornication article to not just criminalize adultery between members of the opposite sex but also between those of the same-sex,” he said.

“It was first proposed three years ago. Why make a fuss about it now when the bill is about to be passed into law?” he added.

Dede Oetomo, a Surabaya-based gay rights activist, acknowledged growing anxiety in the community over the rising hostility encountered in recent years, in contrast to the tolerance seen in the past.

Oetomo, an adviser to gay rights advocacy group GaYa Nusantara, said that the community had been optimistic that tolerance towards them would prevail, especially after President Joko Widodo was elected in 2014, as they believed he would push for greater democratization.

“We had big expectations because he is not from the old regime or a former military man but apparently we were wrong,” Oetomo said.

“Even before this talk about the proposed LGBT clause in the revised draft of the penal code, we have continued to encounter growing verbal and physical hostility since mid 2015,” he said, noting that the worrying trend coincided with the growing clout of religious conservatives in Indonesia.

Despite the unfavorable outlook, Oetomo said LGBT people continued about their regular daily lives and to hope they would not encounter harassment by police or intolerant groups.

In October, police officers raided a gay sauna in Central Jakarta and apprehended 51 men including seven foreigners, only to release most of them on the following day, while five employees were prosecuted for providing prostitution and pornography. It followed a raid in May in North Jakarta on a shophouse where gay men were gathering at a sauna. Police arrested 141 men but 126 were released the next day while 10 were prosecuted for violations of the 2008 anti-pornography law.

Surveys carried by Jakarta-based pollster Saiful Mujani Research and Consulting paint a mix picture of public opinion in the world’s largest Muslim majority country, and one long seen as moderate and tolerant.

In a poll taken in March 2016, 47.5 percent of respondents who know or have heard about LGBT agreed that same-sex relations are forbidden by religion while 34 percent said they totally agreed with that view.

But in surveys taken in September and December last year, a large majority of the 1,220 respondents saw the LGBT community as a threat. In the December survey, 87.6 percent said they felt threatened by LGBT people, up from 85.4 percent in September.

More than half of the respondents, or 53.3 percent, said they could not accept if a member of their families was gay and 79.1 percent objected to having LGBT people as neighbors.

However, 57.7 percent of the respondents also acknowledged that LGBT people have the right to live in the country and 50 percent agreed the government should ensure that LGBT people’s rights are protected.

“The majority of citizens also object if a LGBT person becomes a government official, such as mayor, governor, or president,” said Ade Armando, the director of the polling firm.

“Even though the public views the LGBT people negatively and is being discriminative by refusing to support them to become public officials, the public does not discriminate when it comes to LGBT people living as regular citizens,” Armando added.

The article was first published in the Bangkok Post

 

Government to move Abu Bakar Bashir to a Central Java prison

The Indonesian government will move ailing radical cleric Abu Bakar Bashir to a prison near his hometown in Solo, Central Java for humanitarian reason.

“[The decision] is final. We’ll just need to move him to Central Java,” chief security minister Wiranto told journalists on Wednesday.

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On Tuesday, Wiranto said the government has made the decision by taking into account the firebrand cleric’s old age and poor health without compromising the legal and security aspects. He also said that Bashir will have access to medical treatment and if necessary, the government will take him to the hospital “using a helicopter”.

Bashir will be moved from his isolation cell in Gunung Sindur prison in Bogor, West Java to a prison near Klaten in Central Java where  he can be close to his family.

Earlier in the week, Ministry of Justice and Human Rights said Bashir is ineligible for house arrest. It was one of the options the government said it was considering as leniency to the ailing cleric.

“House arrest is only available for a defendant who is standing trial, while Bashir is no longer a defendant. He is a prisoner, convicted to serve time in prison,” Ade Kusmanto, a spokesman for the ministry’s Directorate General of Correction said.

Last week, Defense Minister Ryamizard Ryacudu told journalists at the state palace that house arrest for the cleric is very likely, as the government is weighing up which form of clemency it could give to Bashir. The cleric suffers from pooling of blood on his legs, a condition which requires him to undergo regular medical check-ups.

On Mar. 1, Bashir was taken to a hospital in Jakarta for treatment which his lawyer, Achmad Michdan, said had been scheduled for Nov. 2017. He is scheduled for another check up on Thursday.

President Joko Widodo said the government gave permission for Bashir to go to the hospital on humanitarian grounds.

Kusmanto said the cleric can ask the president for clemency, given that he is in poor health and will become an octogenarian this year. Another possibility is to demand parole, for which he will be eligible in June 2019 when he will have served two-thirds of his 15-year prison sentence.

Michdan said his client rules out both the options since applying for either one would mean that Bashir pleads guilty to the charges against him.

Bashir was convicted in 2011 for supporting paramilitary training in Aceh, and the firebrand cleric is described as the ideological icon of Jamaah Islamiyah (JI), including those who carried out bomb attacks in Bali in 2003.

“Bashir believes he is innocent because he was merely observing his faith as a Muslim. He was collecting money to fund training and travel for those who wanted to go as mujahideen to Palestine. He wasn’t rebelling against the country,” Michdan said.

Michdan said that it should be possible for the government to “relocate the place” where Bashir serves his sentence from Gunung Sindur prison to his house in Solo, Central Java.

He cited examples of jailed former Jakarta governor Basuki Tjahaja Purnama, who is serving his two-year sentence for blasphemy at a special police detention instead of a correctional facility, and East Timor resistance fighter Xanana Gusmao who had been imprisoned in Jakarta when he was fighting for East Timor’s independence from Indonesia. He was then confined to a house in Central Jakarta in 1999.

Terrorism analyst Adhe Bakti said even though house arrest is not regulated in the Criminal Procedures Code, Gusmao’s case was laden with political context at that time when East Timor was going for a referendum in which they voted for independence from Indonesia on Aug. 30, 1999.

“But the government could make a breakthrough by giving Bashir leniency to serve the rest of his sentence on house isolation based on humanitarian grounds. At least it would project a positive image of the government before the Islamists,” Bakti said.

Bakti warned that isolation remains necessary given Bashir’s revered position among militants.

“Even though he is no longer affiliated with ISIS, he still very much identified with radical teaching,” Bakti said.

This story has been updated from its original version in Arab News

Indonesian Constitutional Court rejects bid to ban sex out of wedlock

Indonesia’s Constitutional Court has rejected a petition to criminalize consensual sex outside of marriage.

The petition was filed by a group of conservative academics, who argued that provisions in the criminal code on adultery should extend to sex involving unmarried people.

The petitioners also wanted sex between people of the same sex to be outlawed.

Five judges of the nine-judge panel rejected the petition.

The judges who rejected the petition argued that it was not in line with civil liberties afforded by the constitution.

They also said the court had no jurisdiction to change the criminal code.

“The fact that the legal provisions are incomplete does not make it unconstitutional,” the judges said in their ruling, adding that the petitioners should instead propose changes to lawmakers.

Rights groups had voiced fears that a ruling in favour of the petition would threaten personal freedoms.

Pre-marital and homosexual sex is not illegal in Indonesia, except in autonomous Aceh province where a version of Islamic law, or sharia, is in force.

“The judicial review brought by the applicants is an attempt to undermine human rights protection in Indonesia,” said the Community Legal Aid Institute, a non-governmental organization, in a statement.

“We hope that in the future the Constitutional Court can maintain its role as a negative legislator and will not bow to pressure from various groups that act in the name of religious morality,” it said.

Indonesia is the world’s largest Muslim-majority country, where many see sex outside of marriage as taboo.

After IKEA, French designer Pierre Cardin loses trademark lawsuit in Indonesia

French fashion house Pierre Cardin has lost a lawsuit against an Indonesian businessman who has been using the name “Pierre Cardin” for his fashion products.

The Supreme Court ruled that the local version of Pierre Cardin was registered in 1977 and that it “does not piggyback on another brand’s fame.”

The French designer had registered the brand “Pierre Cardin” in Indonesia in 2009 and extended the patent registration in 2014.

Earlier this year, an Indonesian furniture company won the right to use the Swedish IKEA brand name after the Supreme Court ruled in favour of its lawsuit against the home furnishing giant.

IKEA opened its first store in Indonesia, located at Alam Sutera just southwest of Jakarta, in 2014 and has been able to continue to use the brand despite the court ruling.

The case involving Pierre Cardin, named after the designer who started his business empire in 1950, lodged a lawsuit  with the Central Jakarta commercial court against Alexander Satryo Wibowo for producing goods with the same brand.

Pierre Cardin is registered in countries around the world such as Australia, Brazil, Hong Kong, Japan, Denmark, Korea, Italy, Malaysia, Singapore, the United States, Britain, and Indonesia.

But the court court threw out the lawsuit on June 9, 2015. Pierre Cardin appealed the ruling.

The Supreme Court “rejects the plaintiff’s appeal of cessation.”

“The defendant always makes sure to include the words ‘product by PT Gudang Rejeki'” to make them different from genuine Pierre Cardin products,” according to the judges.

Swedish furniture giant IKEA recently lost a lawsuit  filed by a company from Surabaya that insists it has the right to the IKEA brand in Indonesia. The Supreme Court rejected the Scandinavian company’s appeal.

The Surabaya company, PT Ratania Equator had registered the IKEA trademark as an acronym for “Intan Khatulistiwa Esa Abadi”.

IKEA trademarked its name in Indonesia on October 9, 2006, and then again on October 27, 2010.