INDONESIA POSITION IN ROME STATUTE RATIFICATION PROCESS: AN UPDATE - - PowerPoint PPT Presentation

INDONESIA’ POSITION IN ROME STATUTE RATIFICATION PROCESS: AN UPDATE

• DR. H.M. AZIZ SYAMSUDDIN, S.H

HISTORY & PRELIMINARY

 A View that Indonesia should ratify Rome Statute 1998 to address

law enforcement problems and human rights.

 Indonesia has expressed its commitment since 1999. However,

many contras occurred to not to ratify as it may prevail sovereignty.

 Indonesia has begun to process its ratification since 2004

(RANHAM 2004-2009 and RANHAM 2011-2014).



Indonesian Govt in 2008 formed the National Committee

 2013, sending a special team (Ministry of Law and Human Rights)

to Den Haag

 Parliament since then is long waiting for Govt to submit the bill of

ratification (Constitution stipulates that ratification process must be submitted to Parliament by Govt)

Views on Rome Statute - Benefit

 Many Indonesian people feel that ICC Rome Statute is such

an urgent need. However, the agenda of ratification is not yet included in the new President plan.

 Rome Statute will be able to punish the most responsible

persons and to avoid impunity or amnesty to the “real culprit”  jurisdiction given also to International Criminal Court altogether with Nationals.

 This Statute will also protect all the peacekeeping forces.  By law, Govt or state responsibility is guaranteed. It will also

address the gaps in national criminal law.

Views on Rome Statute- Benefit

 It strengthens the Witness and Victim Protection Programs.  Indonesia will have such active Preference Rights to the

Assembly and may also preserve the rights to be part of the ICC.

 National Law reform can be more effective and efficient. The

Statute supports for “Technical Assistance” and build the capacity more for Law Enforcement Agencies.

 More on Human Rights Protections and Democracy.  Better Diplomatic position for Indonesia.

Ratification Failure Effects

 Negative impressions on Human Rights Protection

Commitment

 Impunity can be systematically and easily approached.  National Interest may have diverged to uncommon

interest

 Failure on underlining the court and law enforcement

weaknesses.

Updating Indonesia Position

 Rome Statute should be of the understanding that it

supports National Law rather that it intervenes the national jurisdiction.

 ICC will step in if there is a weakness in court

jurisdiction to handle the matters.

 Many views that Indonesia is ready to ratify ICC,

indeed ICC will give such precedent and experience.

 But the infrastructure of the law instrument and

structure shall be ready beforehand.

Updating Indonesia Positions

 Indonesia Law Principle (Legality Principle) is in line with

ICC Statute.  non-retroactive principle, No Ne Bis in Idem, No Expiration on Human Rights Case. The ICC is also confirming Law on Human Rights, Human Rights Court, Witness and Victim Protection.

 Individual and Corporate Responsibility have been admitted

as part of criminal and social responsibility.

 Indonesia now has begun to reform its Criminal Code and

Criminal Procedure Law. The updating result that the draft

• n the Criminal Law recognises Genocide or Human Rights

Crime

Updating Indonesia Positions

 In fact, Indonesia meets many barrier to proceed the

ratification further.  Minimum public understanding of ICC/ Rome Statute  The process of Ratification must be well-considered by

Govt and it takes Time before asking Parliament enactment.

 Debate on the term “unwilling” and “unable” principle

which gives position of ICC complimentary on National

• Laws.  understanding of ICC intervention.

 Officials may have lack of information and awareness on

ICC

 Resistance of Defence Agency and National Army.

Conclusion



Indonesia needs to obtain views and support to comprehend ICC or Rome Statute.



Parliament as well as people may consistently require Govt to submit the ratification to Parliament (DPR RI).



Must have wider public support.



Require Assistance on Academic Draft and the Bill Development to ratification process.



Initiate a wide academic supports.



A Seminar/Workshop or any assistance to decrease Army or Defence Agency Resistance.



Call of Awareness to upcoming agenda (ASEAN Economic Society) requires comprehensive law instruments.

THANK YOU