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social institutions and human rights organizations, providing an input for
Indonesian delegations to United Nations bodies dealing with human rights and
preparing for the establishment of a national commission on human rights. The
Committee is responsible to the Minister of Foreign Affairs and is headed by
the Director-General for Political Affairs of the Ministry of Foreign Affairs.
14. Other measures taken to enhance the awareness of human rights are the
organization of human rights seminars, including one held in 1990 in
cooperation with the United Nations Centre for Human Rights, the setting up of
programmes such as "public prosecutors entering the villages" and "judges
entering the villages", the extension of legal aid facilities and the training
and upgrading of law officers, public prosecutors and the judiciary.
15. The armed forces have a predominant position in Indonesian society.
A dual role is assigned to the army: it not only has the task of ensuring
external and internal security, but also that of contributing to the social
and economic development of the population. The police are part of the
armed forces. The Special Rapporteur was informed that military status for
the police was preferred over a civilian one as the former illustrated the
dual role of the army. Introduction of a civilian police is not under
consideration. A member of the armed forces who has committed a crime or
abused his authority would stand trial before a military court. Members of
the police, therefore, cannot be tried by a civilian court if they have
encroached upon the rights of a civilian.
16. The armed forces' first task receives particular emphasis in those parts
of the country where irredentist forces are active. At present, Aceh,
East Timor and Irian Jaya may be mentioned in this respect, and it is with
regard to these areas in particular that the Special Rapporteur has received
many communications alleging the practice of torture.
17. Article 12 of the 1945 Constitution empowers the President to declare a
state of emergency. Under this provision, the prerequisites for and results
of a state of emergency shall be established by legislation. A law concerning
states of emergency was consequently adopted. Although in the past various
decrees concerning states of emergency have been issued, their legal status
has been unclear. According to the authorities, the Operational Command for
the Restoration of Security and Order (KOPKAMTIB), established in 1965 in the
aftermath of the attempted coup d'etat of 30 September, did not operate under
a state of emergency or martial law, although its specific function was the
prevention of subversion and infiltration.
18. KOPKAMTIB had far-reaching powers, including the authority to detain
people without trial. The Government decided to abolish KOPKAMTIB in
September 1988, in view of the widespread criticism it evoked and to replace
it by the Coordinating Board for the Development of National Stability
(BAKORSTANAS) with more restricted powers. The Special Rapporteur was
informed that at present no part of the territory was under a state of
emergency and that, therefore, normal legislature was applicable throughout
the country.