The LawHum project, in collaboration with Lembaga Bantuan Hukum Jakarta (LBH Jakarta – Jakarta Legal Aid Organization), proudly announces the successful completion of the Offline Capacity Building on December 7, 2023. This training aimed to empower communities and the public on the updated policies and regulations regarding the Indonesian Penal Code Revision. It included discussions on issues such as implementing forced digital searches and seizures, as well as expanding solidarity and support for the revision of the Criminal Procedure Code.
The training was attended by 34 participants from the wrongful conviction community, the peasant workers community, and the general public. Three different issues were discussed during the program: (1) Unfair Trial Violations in Wrongful Arrest Cases by Alif Fauzi (LBH Jakarta Researcher), (2) Experience Sharing from Unfair Trial Victims (Muhammad Fikri), and (3) Unfair Trial and Digital Search and Seizure Practice in Asia by Nukila Evanty (Asia Centre).
One of the discussed violations is the search and seizure mechanism involving mobile phones, outlined in Article 9 (Law No. 12/2005) concerning the Ratification of the Covenant on Civil and Political Rights (ICCPR). It is crucial for individuals experiencing arbitrary arrests not to immediately surrender personal belongings to law enforcement, particularly the police, without clear documentation and legal grounds. Nukila (Asia Centre) also explained regulations in various Asian countries, such as Thailand, that violate basic human rights principles regarding privacy through laws like the Computer Crime Act (CCA) 2007, Cybersecurity Act 2019, and National Intelligence Act 2019, which can access personal data without a court order for national security purposes.
Meanwhile, Alif (LBH Jakarta) highlighted challenges in judicial remedies, such as compensation claims often being hindered due to regulatory and policy constraints, as well as practices not tailored to victims’ needs. Fikri and the residents of Pulau Pari (Pari Island) faced criminalization, arrest, and subsequent acquittal without obtaining compensation due to the unclear provisions in the Indonesian Code of Criminal Procedure.
A participant expressed concerns about her ongoing case as a victim, Bonatua Sinaga (representative of Farmers in Jambi), discussing Agrarian Conflict in Jambi accompanied by the National Farmers Union. There were discrepancies in the formal legal process where farmers were initially arrested on theft charges, which suddenly changed to receiving charges of possession. Participants questioned the formal legal justification for this sudden change in charges. Throughout the sessions, participants engaged in dynamic brainstorming and discussions. They actively presented and shared their ideas, offering new strategies and analyses on how to advocate for wrongful conviction cases, particularly focusing on the needs of vulnerable and marginalized groups.
Chikita, the LawHum Project Coordinator and a representative of Oxfam Fellows in Indonesia, expressed hope that this activity would strengthen the bond between wrongful conviction victims and the public. The goal is to draw greater attention to the struggles of wrongful conviction victims and ongoing criminalization practices involving activists, ensuring that public awareness leads to strategic policy changes. Throughout each session, they shared different issues and topics related to unfair trial practices and wrongful conviction phenomena witnessed in Indonesia and Asia.
