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East Timor/Indonesia

Interpretations of Article 156a of the Indonesian Criminal Code on Blasphemy and Religious Defamation (A Legal and Human Rights Analysis)

While in many countries blasphemy has either been removed from the criminal codes or is now rarely prosecuted, the situation in Indonesia is different. Not only have blasphemy prosecutions increased over the past decades but such cases have also become increasingly politicized. With the growth of religious intolerance expressed through political parties, religious organizations, and public demonstrations, the study shows how such extraneous pressures have had an impact upon prosecutions and verdicts.

Final Report: The Failure of Leipzig Repeated in Jakarta

The first session of the Ad-Hoc Human Right Court that started since February 21st 2001 for the gross violation of human right in Timor Lorosae that happened from April until September 1999 has ended. This is the first time in judicial history in Indonesia when the gross violation of human right conducted by high rank military, police and civilian officials is brought into the court, that is the Ad-Hoc Human Right Court. This Court is established under the provision of the Act No.

Ad Hoc Human Rights Court Report No. 9

The Ad Hoc Human Rights Court for the East Timor Case up to now has issued verdicts for 6 dossiers. At the first phase the defendant Abilio Soares (former East Timor governor) has been judged guilty and was prosecuted to 3 years of imprisonment, whereas Brigjend (Pol)(Police Brigadier General). Drs. Timbul Silaen (former Head of Regional Police Force for East Timor) and Herman Sedyono et. al (for the attack of Ave Matia church in Suai) has been judged not guilty of the gross violation of Human Rights in East Timor.

Ad Hoc Human Rights Court Report No. 8

There is no doubt that the chain of events before and after the referendum in East Timor is a crime. The crime was in form of terror, manslaughter, abduction until it reached the peak in form of. extermination, along with the migration of hundreds of thousand refugees. All the defendants in the Human Right Ad Hoc Court are individuals suspected of having executed, sponsored or facilitated the chain of crimes. Those acts of crime in Indonesian system of positive law are quantified as crime against humanity.

Ad Hoc Human Rights Court Report No. 7

International standards, regarding to independent trial demands competent party to provide adequate resources so that the court can perform their functions properly . In monitoring process, ELSAM found a number of problems related to judicial resource of the ad hoc panel of judges for human right trial. These problems have the potential of raising direct effect in the fall of competent trial's principles.

Ad Hoc Human Rights Court Report No. 6

Since initiated in February 2002, the ad hoc human right trial has processed 12 gross human right violation in East Timor cases. Three cases has reached the verdicts which are considered to be controversial and has caused mixed reaction from the public inside and outside the country. The "not guilty" verdict has invited criticism both from inside and outside country, but it doesn't seems to give any significant improvement to the trial quality of cases that follow later.

Ad Hoc Human Rights Court Report No. 5

The acquittal is hardly surprising. The problem is that when the “not guilty” verdict was issued, the other cases concerning different defendants but with the same context of indictment and incidents were still in process. If we are within the same scope of presumption with the process of examination, indictment, substantiation and charge of the cases the defendants acquitted today, then such acquittal will influence all the other cases.

Ad Hoc Human Rights Court Report No. 4

East Timor, which used to be the Republic of Indonesia's 27th province, has become a new nation. For Indonesia, the establishment of Timor Lorosae as an independent state has brought a new inspiration, namely in the form of Ad Hoc Human Right Court which was initiated due to the suggestion that there had been crime against humanity in Timor Lorosae before, during and after the referendum.

Ad Hoc Human Rights Court Report No. 2

In April 2002, the panel of judges that looks into the case prosecuted in Ad Hoc Human Rights Court (HRC) for Gross Human Rights Violation had decided upon preliminary verdict. In the preliminary verdict, the panels of judges believe that Ad Hoc HRC has absolute and relative competence in prosecuting gross human rights violation in East Timor. Asides from that, charges concluded by the general attorney have fulfilled their formal and material requirements. (See Progress report No. 1) for further details on charge letter and court competence). In Progress Report No.

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