The Absence of Human Rights Priority in 100 Day Program of SBY’s Governance
In July 2009, Susilo Bambang Yudhoyono was again elected as the Indonesian Republic President, defeated his rivals. This success should have given great power and authority to him to determine clear and positive steps in order to promote and increase Indonesian people prosperity, especially in promoting, protecting and enforcing human rights.

However, it seems that SBY does not do it. 100 day program of Indonesia United Cabinet II (KIB) which was established by SBY-Boediono on 6th of November 2009 did not accommodate programs to promote, protect, and enforce human rights. Besides that fact, the policy direction of some issues related to the effort in promoting human rights in Indonesia also has not been noticed.

The Absence of Human Rights Priority in 100 Day Program of SBY’s Governance-Press Release
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Press Release No. 10/DP/12/ELSAM/2009
The Ban of Books by Attorney General: Violation and Restriction toward the rights of Information and Expression
As often happened before, 2009 was closed by some public policies that threat the promotion and enforcement of human rights. On Wednesday, 23trd of December 2009, the General Attorney one more time issued the public policy which ban some publications. Some of them are books that in public have academic value compiled based on scientifically accountable researches. The ban was followed by the disappearance of books entitled “Membongkar Gurita Cikeas” (Demolishing the Octopus from Cikeas), the work of George Junus Aditjondro from the book stores in several big cities in Indonesia. The books were withdrawn by the store owners as they were afraid of the content which tells about “the business octopus” in the SBY’s four foundations which have been money machines and vote drawers for SBY and Demokrat Party. The foundations are Yayasan puri Cikeas, Yayasan Majelis Dzikir Narusalam SBY, Yayasan Kepedulian Kesetiakawanan Sosial, Yayasan Mutumanikam Nusantara. This Practice is merely same with what happened in the new order when Soeharto had on the string.

The issuing of this policy has extended public concern list on attorney institution commitment in giving respect on human rights and their reinforcement. It is still fresh on public mind to recall the stagnancy on the effort in pursuing fairness toward human rights violations through human rights court mechanism for some cases such as; Wasior Wamena, forcible disappearance, and some other cases. Now the General Attorney shows again its manner which does not respect and protect human rights, especially the rights to get information and freedom of expression. This trite action shown by doing ban on some books which were worried could disturb and endanger the public orderliness of society. The books, which are banned to circulate nationally are as follow:

1. The Pretext of Mass Murdering in 30 September Movement and Soeharto Coup by John Rosa (Dalih Pembunuhan Masal Gerakan 30 September dan Kudeta Soeharto karangan John Rosa;
2. The Church Voice for oppressed Mankind: Suffering, Blood drop, and tear drop of God Mankind in West Papua should be ended, by Cocratez Sofyan Yoman (Suara Gereja Bagi Umat Tertindas: Penderitaan, Tetesan Darah dan Cucuran Air Mata Umat Tuhan di Papua Barat Harus diakhiri)
3. Lekra never burns books: silencing cultural page of Harian Rakjat 1950-1965, by Rhoma Dwi Aria Yuliantri and Muhidin M Dahlan;
4. Six Ways to Get to God, (Enam Jalan Menuju Tuhan) by Darmawan MM, and
5. Revealing the Mystery of Religion Diversity (Mengungkap Misteri Keberagaman Agama), by Drs H Syahrudin Ahmad)

The ban toward the circulation of books is based on General Attorney authority in public orderliness and comfort sector especially to do the observation on the circulation of print media, as ruled in chapter 30, article 3, letter c of UU No. 6/2004 in accordance to Attorney Office of Indonesia Republic jo Chapter 1 of Act No. 4/pnps/1963 related to efforts to achieve security of print media in which contain some materials that can disrupt the public orderliness.
However, the ban on the circulation of those books is not supported by strong evidence and reason regarding “how dangerous and disruptive are those books if people know them”. Therefore, it is normal for people to be suspicious that the ban of those books is only based on the apprehension if they contain some materials related to communism, Marxism, and diversity of ethnic, religion, race, and groups. (SARA). General Attorney also does not review and discuss furthermore with some related parties (Writers, Publishers, Academicians, and Civil Society) in accordance to the material and the effect which can emerge from the publication of those books.

Besides, as the state party of International Covenant of Civil and Politics Rights which has been ratified by Act no. 12/2005, Indonesia is bound by the standardization of human rights which applied universally in making some limitations toward rights, especially related to freedom of expression rights and expressing ideas as involved in general comment no. 10 of International Covenant of Civil and Politic Rights which has been adopted by United Nation since 1983 and then ruled in Siracusa Principal adopted in 1984. Based on this principal, the respect on human rights should be one of the fundamental elements which involved in term of “Public Interest”. Thus, this ban only shows the contradiction on understanding the supposed public interest.

Institute for Policy Research and Advocacy (ELSAM) states that the ban is an undemocratic
trite action which destroys the good efforts of Indonesian people to promote, respect, and protect the human rights, and establish democratic order requested by reformation. Moreover, the ban is also a serious violation on human rights instruments which juridically has been formed and applied in Indonesian area, such as UUD 1945, UU No. 39/1999 in accordance to human rights and UU No 12/2005 related to Ratification of civil and political rights covenant and TAP MPR No. XVII in accordance to human rights.

Chapter 28 F of UUD 1945 jo Chapter 14 No. 39/1999 states clearly that everyone has the right to communicate and get information to develop their personality and social environment, and has the right to seek, find, have, keep, manage, and deliver information by all of available access.

Likewise with Political and Civil Rights International Covenant which states “everyone has rights to have and deliver ideas without disturbance, including the freedom to seek, accept, and give information and all of ideas without limitations, either orally and in writing or printed in the form of art, or through other media based on their own choices”. Toward this right, it is not acceptable that there is such exceptions, and limitations by the country.

Therefore, the ban on the circulation of certain books is a serious violation toward law and constitution which have become the foundation in giving respect and protecting fundamental rights of freedom to develop everyone personality and their social environment.

Hence, Institute for Policy Research and Advocacy (ELSAM) insists General Attorney Office to withdraw General Attorney verdict related to the ban of the book circulation and other printed products nationally as happened on 23rd of December 2009.

ELSAM also insists General Attorney to stop some actions that impede, limit or restrict freedom of expression and speech and return the circulation of books and other printed products which have been banned before. Thus, Indonesia will get progressed in advancing and protecting human rights in the future.


Jakarta, 26th December 2009
The Institute For Policy Research and Advocacy


Indri D. Saptaningrum
Director Program Deputy

Contact Person:
Indri D. Saptaningrum 0813 803 05728
Wahyu Wagiman 0813 112 28246



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