Indonesian Legal Aid Foundation (YLBHI) chair Muhammad Isnur has condemned the drafting of the Healthcare Bill (RUU Kesehatan) as “fake”, saying that the draft is almost the same as the Omnibus Law on Job Creation (Cipta Kerja).

According to Isnur, the similarity can be seen from a test of the academic context, which like the Jobs Law is unable to be seen.

“Should we say it’s a fake — yeah, the academic manuscript is fake,” he said.

Isnur said that the initial study or academic manuscript used in the drafting the draft Health Law was written carelessly and it had no legitimacy.

It could not be called an academic manuscript as the basis for drafting a law.

“For example, in the research methodology it quotes several specialists or experts whose books are outdated, their books have even been revised by the authors themselves,” said Isnur.

Isnur noted that the Health Bill would result in the reevaluation of policies in other laws, yet the references in the academic manuscript were unclear, including who did the research for it.

Lack of accountability
“We also do not know at all who drafted this. How can this be accountable as an academic manuscript if we don’t know who wrote it,” he said.

The YLBHI along with 42 other civil society groups are asking that the ratification of the Health Bill be postponed.

Aside from the fact that the academic manuscript was similar to Jobs Law, several concerns were raised by the Civil Society Coalition such as the deliberations on the law which were closed and without meaningful public participation.

Another reason was the weakness of the argument that the Health Bill was urgent and therefore needed to use the omnibus law method.

The law was also seen as tending to lead towards the liberalisation of the health system, expanding the privatisation of health services and would eliminate the minimum allocation for the health budget.

The centralisation of healthcare management by the central government is also regarded as reducing independent learning and development in the health sector.

Translated by James Balowski for Indoleft News. The original title of the article was “YLBHI: RUU Kesehatan Bodong Naskah Akademiknya, seperti UU Cipta Kerja”.

Article by AsiaPacificReport.nz

The Indonesian Legal Aid Foundation (YLBHI) has appealed to Indonesian police chief General Listyo Sigit Prabowo to stop his officers intimidating Aremania (Arema Football Club fans) and witnesses in the Kanjuruhan football stadium tragedy in which 131 people died.

They are also asking Prabowo to order the police professionalism and security affairs division (Propam) to question police officers accused of doing this, because intimidation and obstruction are criminal acts.

“We believe that this situation is very dangerous so the Indonesian police chief (Kapolri) must order his officers to stop acts of intimidation and twisting the facts,” said YLBHI general chairperson Muhammad Isnur in a press release last week.

The YLBHI, the Malang Legal Aid Foundation (LBH) and the Surabaya LBH in East Java, suspect that there have been several attempts at intimidation. This suspicion is based on the complaints that have come in and monitoring by the media.

First, there was a trader who became afraid after meeting with a journalist from a television station because earlier, another trader had been picked up by security personnel after talking to a journalist.

Security personnel also illegally arrested and questioned a witness with the initials K after they uploaded a video of the Kanjuruhan tragedy unfolding. K was then found by a family of a victim at the Malang district police.

Banners with the message “Fully investigate the Kanjuruhan tragedy on October 1, 2022”, which were put up on almost all of Malang’s main streets, were taken down by unknown individuals.

There has been a narrative blaming the victims, in this case the Arema supporters at the league match on Saturday October 1.

The police claim that these supporters could not accept defeat of their team and were drinking alcohol.

“Yet the fact is that the Aremania who took to the field only wanted to meet with the players to encourage them. And before the match, all of them were closely guarded so it would have been impossible for alcohol to be brought into the stadium as is being said in the narrative,” said Isnur.

The YLBHI is also asking the Witness and Victim Protection Agency (LPSK) to be proactive in picking up and protecting witnesses without waiting for a report first, due to the growing number and danger of threats.

Isnur is also asking the National Human Rights Commission (Komnas HAM), the National Commission on Violence Against Women (Komnas Perempuan) and the Indonesian Child Protection Commission (KPAI) to continue to investigate in accordance with their respective levels of authority based on prevailing legislation.

“It’s not enough for the government just to form a TGIPF [Independent Joint Fact Finding Team], but must also ensure that this team does work independently, transparently and accountably. Aside from this, it must guarantee access for the Komnas HAM, Komnas Perempuan and the KPAI to evidence related to the incident,” he said.

Translated by James Balowski for Indoleft News. The original title of the Komnas article was YLBHI Minta Kapolri Hentikan Aparatnya yang Intimidasi Aremania dan Saksi Kanjuruhan.

Article by AsiaPacificReport.nz

The director of the Bali Legal Aid Foundation (LBH), Ni Kadek Vany Primaliraning, has been reported to the Bali regional police for treason for allegedly facilitating a mass action by Papuan activists, reports CNN Indonesia.

The report was confirmed by Vany when contacted by CNN Indonesia.

Vany sent CNN Indonesia a photograph of the official receipt of the public complaint, which was registered with the Bali regional police and dated Monday, August 2, via a message application.

Vany has yet to explain in detail about the report but she suspects that it was related to legal assistance that they gave to Papuan activists conducting a protest.

“Assistance for Papua comrades holding a protest action,” said Vany via an SMS message.

The receipt of the reports shows that it is a public complaint registered as Bali regional police report Number Dumas/539/VIII/2021/SPKT.

In the document it states that the person submitting the report is Rico Ardika Panjaitan SH, who is an assistant advocate residing in Datuk Bandar Timor sub-district in North Sumatra. The person being reported is Ni Kadek Vany Primaliraning as the director of LBH Bali.

Alleged makar
The brief description of the report concerns an act of alleged makar (treason, subversion, rebellion) and conspiracy to commit makar. The report cites the victim in the case as being the “Constitution of the Unitary State of the Republic of Indonesia” (NKRI).

Vany then explained about the action by activists from the Bali Papua Social Concern Front (FORMALIPA) Bali which resulted in her being reported to the Balinese police.

“The comrades asked for legal aid (assistance) related to a freedom of expression action. On the day of the action the comrades coordinated with us to leave their motorcycles at the LBH for safekeeping then marched to the Bali regional police to hold the action,” she said.

During the march, however, there was an ormas (mass or social organisation) which blocked and assaulted the protesters. As a result they sought refuge on the grounds of the LBH Bali.

“Those assisting the action (LBH Bali) coordinated with police to protect the protesters, bearing in mind that the comrades had already sent a notification [of the action to police]. And, the action was an action to convey an opinion in public, even though the police still asked them to disband,” said Vany.

“After a protracted debate, in the end the comrades were allowed to convey their views in front of the LBH Bali,” she said.

In response to the report against Vany, which is suspected to be related to her providing legal assistance, Indonesian Legal Aid Foundation (YLBHI) chairperson Asfinawati that it would be inappropriate for police to pursue the report.

‘This is fabricated’
“The LBH Bali was acting in accordance with its capacity. This is fabricated, if it’s followed up then the police will be endangering all lawyers or people at LBH,” she said when contacted.

Asfinawati – known as Asfin by her friends – emphasised that the LBH’s activities are in accordance with legislation as regulated under Law Number 16/2011 on Legal Aid.

When contacted separately, Rico Ardika Panjaitan, who submitted the police report, claimed that he had reported Vany over a mass action by Papuan activists on May 31.

At the time, he said, the Papuan demonstrators gave speeches in front of the LBH offices, one of which contained the statement, “That the red-and-white [national flag] is not Papua, Papua is the Morning Star [flag]”.

It was this that made him report the LBH Bali for allegedly violating Article 106 of the Criminal Code (KUHP).

“According to my understanding, in legal terms, under Article 106 of the KUHP it is written, right, or it means one thing, meaning that when a part of the Indonesian territory wants to be given independence this is included in the category of makar.

“This means that in the case of the AMP [Papua Student Alliance] it fulfilled [the stipulations of] that article, right?” he said when contacted.

LBH Bali accused
In the case of LBH Bali, meanwhile, he is accusing them of facilitating the Papuan mass action and therefore violating Article 110 of the KUHP.

“They (LBH) can be indicted under Article 110”, said Panjaitan, who claimed to have made the report in an individual capacity although he received support from the group Patriot Garuda Nusantara of which he is a member.

CNN Indonesia has attempted to confirm the report with Balinese regional police public relations division chief Senior Commissioner Syamsi but at the time of publication had not received a response.

Translated by James Balowski for IndoLeft News. The original title of the article was “Direktur LBH Bali Dipolisikan Dugaan Makar Bantu Massa Papua”.

Article by AsiaPacificReport.nz