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Yogyakarta, Indonesia Attorneys in related practice areas.
Indonesia, and by extension Yogyakarta, is a signatory to several international agreements that protect civil and human rights. National and local laws in Yogyakarta uphold the principles of human rights embedded in the 1945 Constitution of the Republic of Indonesia. These include rights to freedom of speech, assembly, and association, protection from torture and inhuman treatment, equality before the law, and nondiscrimination. Despite these constitutional guarantees, a number of issues persist—in particular regarding discrimination, freedom of expression, and minority rights. Interpreting and navigating these complex issues often necessitate seeking legal advice.
Legal assistance can be crucial if you believe your civil or human rights have been violated, if you’re engaging in activities that may potentially affect human rights, or if you are working as a human rights defender. This could include situations of unlawful detention, discrimination on the basis of race, religion, gender, or sexual orientation, restricted freedom of speech, or issues relating to land rights and indigenous peoples. A lawyer will help you understand your rights, the relevant laws, and the steps you can take to seek justice.
Indonesia’s legal system is based on civil law, influenced by Dutch colonial law, local customary law, and Islamic law. Regarding civil and human rights, besides the 1945 Constitution, Indonesian Law No. 39 of 1999 concerning Human Rights is a key statute that outlines a broad range of human rights. However, there has been criticism about its implementation. Other relevant laws include the Indonesia Law No. 12 of 2005 on the Ratification of ICCPR and ICESCR, Law No. 26 of 2000 on the Human Rights Court, and the local Yogyakartan regulations, such as the 2008 bylaw guaranteeing the right of all Yogyakarta citizens to basic education.
Issues include discrimination against women, religious minorities, and LGBTQ+ individuals; land rights disputes; and restrictions on freedom of assembly and expression.
Article 28I of the 1945 Constitution prohibits all forms of discrimination and requires the state to ensure all citizens are protected, regardless of their individual identity. However, discrimination is still prevalent, and enforcement of anti-discrimination laws is inconsistent.
The Indonesian Government recognises the rights of indigenous peoples under Law No. 39/1999. In such cases, a lawyer can help you navigate the relevant laws, institutions, and processes to seek justice, such as the National Commission on Human Rights (Komnas HAM).
While the Constitution guarantees freedom of expression, Article 28 of the Electronic Information and Transaction law and laws relating to blasphemy have often been used to limit freedom of expression. Legal assistance can be critical to proving the legitimacy of your views under constitutional protections.
LGBTQ+ individuals have increasingly faced discrimination and violence in recent years. Various customary and religious laws often infringe against their rights, despite the constitutional nondiscrimination provisions. Specific protections for LGBTQ+ individuals are not explicitly outlined in local or national legislation.
Several organizations can provide help including the Indonesian Legal Aid Foundation (YLBHI), the National Commission on Human Rights (Komnas HAM), and local NGOs, like the Institute for Policy Research and Advocacy (ELSAM), and the Legal Aid Institute of Yogyakarta (LBH Yogyakarta).
If you have encountered a civil or human rights issue, reach out to a lawyer or legal aid organization. Collect all relevant documents, any evidence of the human rights violation, and ensure you note down all incidents accurately and in detail. Confirm the lawyer's expertise in your issue, their fees, and what services they will provide. Always remember, safeguarding your rights is important and seeking legal assistance is often the first step in that journey.
