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Indonesia is a republic based on the 1945 constitution providing for a limited separation of executive, legislative, and judicial power. The President is head of state and serves a 5-year term for a maximum of two terms. The country's upper legislative body is the People's Consultative Assembly (MPR), which convenes once a year and has the power to amend the Constitution. Routine legislative affairs, including enacting legislation, are the responsibility of the House of Representatives (DPR). Substantial restructuring has occurred since President Soeharto's resignation and the short, transitional Habibie administration which followed. The Habibie government fashioned political reform legislation that--without changing the 1945 Indonesian constitution--formally set up new rules for the electoral system, the DPR, the MPR, and political parties.
Under the political laws enacted in 2002, the House of Representatives (DPR) has 550 members. The 38 appointed seats previously reserved for the armed forces (TNI) have been phased out. The new People's Consultative Assembly (MPR) has 678 members, consisting of the 550 members of the DPR and the 128 representatives of the newly-formed Regional Representative Council (DPD), which includes four members from each of Indonesia’s 32 provinces. [source: US Department of State]
Law, Courts & Judgments
Under the Indonesian constitution, the judicial branch is theoretically equal to the executive and legislative branches and has the right of judicial review over laws passed by the DPR, as well as government regulations and presidential, ministerial, and gubernatorial decrees. In practice, the judiciary has been less influential than the executive and legislative branches, and it is often heavily influenced by the executive branch.The law requires that the Justice Ministry gradually transfer administrative and financial control over the judiciary to the Supreme Court by 2004, but the Ministry indicated during the year that this transfer would only begin in 2004.
Under the Supreme Court is a quadripartite judiciary of general, religious, military, and administrative courts. The law provides for the right of appeal, sequentially, from a district court to a High Court to the Supreme Court. The Supreme Court does not consider factual aspects of a case, but rather the lower court's application of the law. [source: US Department of State]
Human Rights
The Indonesian Government's human rights record remained poor in 2003, and it continued to commit serious abuses. Security force members murdered, tortured, raped, beat, and arbitrarily detained civilians and members of separatist movements. The Government also frequently failed to protect adequately the fundamental rights of children, women, peaceful protestors, journalists, disabled persons, religious minorities and indigenous people, among others. Human rights abuses were most apparent in Aceh province, the scene of a long-running separatist revolt. Despite the signing of a December 2002 ceasefire between the Government and the Free Aceh Movement (GAM), little progress was made on demilitarization, and alleged violations by GAM prompted the Government to place the province under martial law on May 19 and launch its biggest military operation since 1975. This operation was aimed at eradicating GAM and was ongoing at year's end. Despite some evidence that military commanders wished to improve the behavior of their troops in the field, numerous human rights violations occurred. Unlawful killings, beatings, and torture by soldiers, police, and rebels were common. In many cases, the victims were not combatants but civilians. Accurate figures on human rights abuses in Aceh were extremely difficult to obtain.
In the provinces of Maluku, North Maluku, and Central Sulawesi, respect for human rights improved; however, beginning in October, there was an upsurge in violence in Central Sulawesi. Nevertheless, the death toll for the year fell: 22 persons were killed in Central Sulawesi, and 17 were killed in the Malukus. Approximately 200,000 persons remained displaced in the 3 provinces during the year.
In the easternmost province of Papua, where separatist sentiment has been strong for decades, there was no improvement in the human rights situation. The most serious violations took place in the Central Highlands, where at least one, and perhaps as many as 10, extrajudicial killings occurred, in addition to numerous acts of torture and politically motivated arson. The TNI and police jointly investigated the August 2002 ambush near the town of Timika, which killed three persons, but the probe was ineffectual, due largely to limited cooperation between the two security services. By year's end, no arrests had been reported. Also in Papua, the Government effectively delayed implementation of the Law on Special Autonomy for the province, undermining efforts to improve basic welfare and development. In contravention of the law, the Government also initiated the partition of the province into three separate provinces, which provoked clashes that resulted in the deaths of five persons in Timika.
Retired and active duty military officers who were known to have committed serious human rights violations occupied or were promoted to senior positions in both the Government and the TNI. During the year, the country's Ad Hoc Tribunal for Human Rights in East Timor convicted only four former or serving security force members of crimes against humanity over the 1999 violence in East Timor, in which at least 1,000 persons were killed. The tribunal's performance reinforced the impression that impunity would continue for soldiers and police who committed human rights abuses.
Terrorists, civilians, and armed groups also committed serious human rights abuses during the year, and the Government was in some cases unable or unwilling to prevent these abuses. On August 5, members of the Jemaah Islamiyah (JI) terrorist organization set off a powerful bomb at Jakarta's Marriott Hotel, killing 12 persons. By year's end, the Government had arrested 14 persons for the bombing. The Government also achieved success in establishing accountability for the October 2002 bombings in Bali, which killed 202 persons. The Government identified, apprehended, and prosecuted at least 80 persons allegedly involved in the attack. In addition, mob vigilante action and religious groups purporting to uphold public morality continued to dispense "street justice."
Police used excessive and sometimes deadly force in arresting suspects and often used torture, sometimes fatally, in attempting to obtain information or a confession. Prison conditions remained harsh. The judicial system was corrupt, and this contributed to the Government's failure, in most cases, to provide redress to victims of human rights violations or hold civilian perpetrators accountable. Security force violators used political power, not money, to avoid justice. Land disputes generated numerous human rights abuses. These frequently involved forced evictions, some accomplished with lethal force. The Government jailed at least five peaceful anti-government protestors for "insulting the President" or "spreading hatred against the Government." Politicians and tycoons showed greater willingness to take legal action against news organizations whose work they found insulting or offensive, and this trend undermined press freedom. Members of the security forces and other groups limited freedom of expression by intimidating or attacking journalists whose content they found objectionable. The Government frequently restricted the activities of nongovernmental organizations (NGOs). Violence and discrimination against women remained problems. Female genital mutilation (FGM) occurred. Child sexual abuse and violence against children remained serious problems. Discrimination against persons with disabilities and mistreatment of indigenous people were problems. The Government allowed new trade unions to form and to operate, but it frequently failed to enforce labor standards or address violations of worker rights. Forced child labor remained a serious problem. Trafficking in persons was a serious problem: however, the Government took some initiatives to address the problem, including drafting an anti-trafficking law. [source: US Department of State]
Legal Profession
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