E/CN.4/1994/31
page 69
(b)
On specific issues
1.
Development of Indonesian law
337. In the Fifth Five-Year Development Plan (REPELITA V) the development of
Indonesian law is being implemented through a number of policies and measures
covering the establishment of new regulations, improvement of the people’s
awareness of the law, law enforcement, the guidance of the judiciary, the
guidance of probation institutions, legal services, the education and training
of legal personnel and the establishment of administration and supervision.
338. In the framework of increasing the people’s awareness of the law, direct
and indirect activities concerning legal guidance, legal assistance and legal
consultations, have been carried out. Activities to provide legal guidance
have been executed through "Public prosecutor entering the villages" and
"Judges Entering the Villages" programmes, the provision of legal guidance to
urban communities, the establishment of integrated guidance posts located in
the offices of local authorities and the creation of law-conscious families.
In addition, to support the equal provision of legal aid, starting from the
Third Five-Year Development Plan, legal aid has been provided, free of charge,
for the low-income sector of the community.
339. In order to improve the effectiveness and efficiency of legal personnel,
education and training activities have been improved and increased.
Education and upgrading activities on the various aspects of the judiciary,
such as the technical officers of the law, judges, clerks of the courts,
bailiffs as well as immigration and probation officers are still being carried
out. Training programmes have also been conducted and public prosecutors have
attended education courses.
2.
On offences committed by members of the security apparatus
340. In the case of offences committed by members of the security apparatus,
the Government of Indonesia is guided by provisions of the law concerning:
the prosecution of a member of the security apparatus who violates the law by
a civil court or military tribunal, or the imposition of administrative
sanctions; the non-validity of information obtained through torture (art. 117,
Code of Criminal Procedure); remedies and compensation to the victim in
accordance with sections XII and XIII of the Code of Criminal Procedure; the
right of a victim to file a complaint through a legal aid foundation.
Disciplinary action taken and the punishment imposed by the courts are widely
published in the media.
341. With regard to the police force, a disciplinary campaign is being
conducted whereby an assessment rating of "excellent", "good" or "poor" is
given to each member. In the case of a poor rating, the member concerned will
be put through a one-month retraining programme and given a psychological test
to judge whether he is prone to violence and/or fit to be in possession of a
gun. A poor retraining result might lead to discharge from the force after
the person concerned has first been given the chance to resign voluntarily.
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