Friday, April 13, 2018

Caning in Correctional Institution? An obvious Nightmare for Indonesia

the 2 recent days seem to be the nightmare for Indonesian Criminal Justice System. For me, who has been involved in criminal reform effort and advocacy, these recent days seem like a real complicated problem in a nutshell. 

Yesterday (April 12th 2018) the minister of Law and HUMAN RIGHT, (the human right term has to be bold and with uppercase style) has agreed to facilitate the implementation of caning as punishment in Aceh to be done in the Correctional Institution under the local office of Ministry of Law and Human Right. It is obviously a nightmare. 

I hate how the ministry who has to be always in line with all of the regulation that he (and his team and the parliament) has made supported this idea which is obviously contradicted with their own regulation. I don’t know what thing was crossing in his mind while he signed to MoU with the government of Aceh, I mean, it is Correctional Institution, the idea to establish and to change the name of "Jail" in 1995 with Correctional Institution was to erase the colonial philosophy of jail who treated inmate with no dignity and promoted torture.

To facilitate the implementation of caning in Correctional Institution is a backward for criminal justice reform in Indonesia. How come an institution that has declared itself who will be the party to support and treat inmate with the dignity and dedicate their time to assist all the inmate to be reintegrated to the society will facilitate one of the most rigorous punishment ever exist in the world, and it was all agreed by its Minister with no debate and no declination, it has to be you that promote the Human Right value as written in your name, then it was you, who made a very agonizing decision.  Dont you know that Indonesia has ratify the ICPPR and UNCAT that clearly stated that no human being shall be subjected to freedom to torture or to cruel, inhuman or degrading treatment or punishment. Caning which severe pain and suffering both of physical and mental is an obvious inhuman and degrading treatment.

It has to be you, Mr. Minister that warns the Government of Aceh to scrap its law as it is obviously against the fundamental law of Indonesia. You!

So who else is going to promote our rights, while the institution with Human Right name comes to violate its own value????



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