Penulis: Alyaa Nabiilah Zuhroh
Editor: Aulia Rachmah Putri
We may not have agreed on the status of the implementation of human rights in Indonesia. There is an opinion that the state has adequately implemented human rights. There is also an opinion that there are still many examples of human rights that the state has not sufficiently enforced. Some cases are even considered a form of human rights violations by the state.
However, we can agree that the product of legislation in Indonesia has led to the guarantee of human rights. The 1945 Constitution of the Republic of Indonesia Articles 28A to 28J exist in a particular chapter of Human Rights and explains various forms of human rights, such as the right to associate and assemble and the right to be treated fairly before the law. Another example is Article 29, which guarantees freedom of religion and belief; Articles 31 and 32 provide the right to education and culture; Articles 33-34 relate to the economy and social welfare. There are many other legal products related to efforts to fulfill human rights. Among them are Law Number 39, the Year 1999 regarding Human Rights and Law No. 26 of 2000 concerning Human Rights Courts. We also have several international covenants related to human rights.
Indonesia has many institutions that are directed to strengthen and even guarantee the fulfillment of human rights. Three institutions are The National Commission on Human Rights (Komnas HAM), the National Commission on Violence Against Women (Komnas Perempuan), and the Indonesian Child Protection Commission (KPAI). We also have many ministries and institutions that specifically ensure the fulfillment of sector-based human rights, such as education, health, and strengthening the people's economy.
When the New Order government ended, the people's great demands were a decentralized system to replace centralization. The emergence of Law Number 22 the Year 1999 concerning Regional Government and Law Number 25 the Year 1999 concerning Financial Balance between Central and Regional Governments, both of which are positive markers of the beginning of the shift in the system from being utterly central to the division of power between the center and the regions. Changes are included in the national financial balance policy (APBN) and regional (APBD) levels.
Both laws have undergone several revisions in an effort to improve the decentralization order. The last one is Law Number 23, the Year 2014 concerning Regional Government and Law Number 33, the Year 2004 concerning Financial Balance between Central and Regional Government. There are currently discussions to revise Law Number 33 of 2004 so that the state financial sector at the national and regional levels, even to the village level, can be more equitable. The division of power to the regional level was also strengthened by Law Number 6 of 2014 concerning Villages.
INFID (International NGO Forum on Indonesian Development) is a civil society organization concerned with the implementation of democracy and human rights enforcement. INFID participates in encouraging the improvement of state regulations to strengthen the implementation of democracy and guarantee human rights. Included in the sharing of duties and responsibilities, INFID views it as a government area at the national level and a regional government.
Therefore, since 2015, one of the programs implemented is the Human Rights Cities (HRC, Human Rights Cities). INFID, in collaboration with Komnas HAM and the Kantor Staf Presiden (KSP), encourages more regions to fall into the HRC category. Local governments are expected to have institutions and policy instruments that are truly directed at fulfilling human rights at the regional level. Local governments also involve various civil society elements in planning, implementing, and evaluating these policy institutions and instruments.
This book summarizes Human Rights Cities: its history, the principles, who initiated it, which areas are categorized as Human Rights Cities, and the condition in Indonesia. The reason why this book essential is the idea of Human Rights Cities must continue to be expanded to many local governments and community members. In the future, it is hoped that there will be more and more local government actors and civil society in the regions that will cooperate and seriously empower institutions and policy instruments (including budgeting) to fulfill human rights.
Hopefully, this book will explain and increase enthusiasm for realizing HRC in our respective regions. Regards,
Senior Program Officer
Human Rights and Democracy