Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for official corruption, but government efforts to enforce the law were insufficient. There were numerous reports of government corruption during the year. Despite the arrest and conviction of many high-profile and high-ranking officials, including the former ministers of maritime and social affairs, there was a widespread perception that corruption remained endemic. NGOs claimed that endemic corruption was one cause for human rights abuses, with moneyed interests using corrupt government officials to harass and intimidate activists and groups that impeded their businesses.
The Corruption Eradication Commission, national police, the armed forces’ Special Economics Crime Unit, and the Attorney General’s Office may all investigate and prosecute corruption cases. Coordination between these offices, however, was inconsistent and coordination with the armed forces unit was nonexistent. The Corruption Eradication Commission does not have authority to investigate members of the military, nor does it have jurisdiction in cases where state losses are valued at less than IDR one billion ($70,000).
Many NGOs and activists maintained that the Corruption Eradication Commission’s ability to investigate corruption was limited because its supervisory body was selected and appointed by the president and because the commission was part of the executive branch. Commission investigators were sometimes harassed, intimidated, or attacked because of their work.
On May 5, the Corruption Eradication Commission conducted a civics exam for all commission employees as part of a legally mandated transition process to convert commission staff to regular civil service status. Seventy-five employees failed the test, including prominent investigators who had criticized the commission’s leadership and 2019 amendments to the commission’s statute and who were involved in many high-profile investigations, including those of two ministers (see below). On July 15, the national ombudsman concluded the exam was improperly administered and that the commission lacked the legal standing to compel employees to take the exam. NGOs and media reported that the test was a tactic to remove specific investigators, including Novel Baswedan, a prominent investigator who had led a case resulting in the imprisonment of the speaker of the House of Representatives and who had been injured in an acid attack perpetrated by two police officers. On September 30, the commission dismissed 57 of the 75 who failed the test.
On August 30, the commission’s supervisory board determined that the commission Deputy Chairperson Lili Pintauli Siregar was guilty of an ethics violation in her handling of a bribery case involving the mayor of Tanjung Balai, Muhammad Syahrial. The board determined Siregar had inappropriate contact with the subject of an investigation for her own personal benefit and imposed a one-year, 40 percent pay reduction for Siregar for the infraction.
Corruption: The Corruption Eradication Commission investigated and prosecuted officials suspected of corruption at all levels of government. Several high-profile corruption cases involved large-scale government procurement or construction programs and implicated legislators, governors, regents, judges, police, and civil servants. In 2020 the commission recovered state assets worth approximately IDR 152 billion ($10.7 million); it conducted 114 investigations, initiated 81 prosecutions, and completed 111 cases resulting in convictions. The Attorney General Office’s Corruption Taskforce was also active in the investigation and prosecution of high-profile corruption cases.
On March 10, two police generals were convicted and sentenced for taking bribes from Djoko Soegiarto Tjandra, a fugitive from charges of involvement in a Bank Bali debt scandal, to assist him in traveling around the country while a fugitive. Inspector General Napoleon Bonaparte was sentenced to four and one-half years in prison for taking IDR 7.2 billion ($500,000) in bribes; Brigadier General Prasetijo Utomo was sentenced to three and one-half years for taking IDR 1.4 billion ($100,000). On April 5, Tjandra was sentenced to four and one-half years in prison for bribing Bonaparte, Utomo, and a prosecutor.
On July 16, former minister of marine affairs and fisheries Edhy Prabowo was found guilty of accepting bribes from businessmen and misusing his authority to expedite export permits for lobster larvae. Prabowo was sentenced to five years in prison, a substantial fine, and barred from public office for three years after the end of his sentence.
On August 23, former social affairs minister Juliari Peter Batubara was found guilty of accepting IDR 20.8 billion ($1.45 million) in kickbacks related to government food assistance programs created to alleviate hunger during the COVID-19 pandemic. Juliari was sentenced to 12 years in prison, ordered to pay IDR 14.6 billion ($1 million) in restitution, a fine of IDR 500 million ($34,700), and barred from running for public office for four years after the end of his prison term.
According to NGOs and media reports, police commonly demanded bribes ranging from minor payoffs in traffic cases to large amounts in criminal investigations. Corrupt officials sometimes subjected Indonesian migrants returning from abroad, primarily women, to arbitrary strip searches, theft, and extortion.
Bribes and extortion influenced prosecution, conviction, and sentencing in civil and criminal cases. Anticorruption NGOs accused key individuals in the justice system of accepting bribes and condoning suspected corruption. Legal aid organizations reported cases often moved very slowly unless a bribe was paid, and in some cases, prosecutors demanded payments from defendants to ensure a less zealous prosecution or to make a case disappear.
In 2020 the National Ombudsman received 284 complaints related to maladministration in court decisions. From January 1 to October 30, 2020, the Judicial Commission received 1,158 public complaints of judicial misconduct and recommended sanctions against 121 judges. The Judicial Commission reported that from January 4 to April 30, they had received 494 complaints of judicial misconduct.
Section 6. Discrimination and Societal Abuses
Rape and Domestic Violence: The law prohibits rape, domestic abuse, and other forms of violence against women. The legal definition of rape covers only forced penetration of sexual organs, and filing a case requires a witness or other corroboration. Rape is punishable by four to 14 years in prison and a substantial fine. While the government imprisoned some perpetrators of rape and attempted rape, sentences were often light, and many convicted rapists received the minimum sentence. Marital rape is not a specific criminal offense in law but is covered under “forced sexual intercourse” in national legislation on domestic violence and may be punished with criminal penalties.
The National Commission on Violence against Women reported receiving 2,300 complaints of violence against women in 2020, up from 1,400 in 2019 – the Commission attributed the upswing in part to social and economic impacts of the COVID-19 pandemic, as well as increased willingness of victims to report incidents. On August 24, the commission reported that in the first six months of the year, it received more than 2,500 complaints – the majority of which were domestic violence incidents. Civil society activists underscored that many cases went unreported, as many victims did not report abuse because of fear of social stigma, shame, and lack of support from friends and family.
On June 13, a 16-year-old girl was detained for questioning in West Halmahera Regency, North Maluku Province and taken to the South Jailolo Police Station. While detained the girl was raped by a police officer at the station who threatened her with jail time if she refused to have sex with him. On June 23, North Maluku police reported that the officer had been dishonorably discharged from the police and arrested pending trial for rape.
Civil society organizations operated integrated service centers for women and children in all 34 provinces and approximately 436 districts and provided counseling and support services of varying quality to victims of violence. Larger provincial service centers provided more comprehensive psychosocial services. living in rural areas or districts with no such center had difficulty receiving support services, and some centers were only open for six hours a day, not the required 24 hours. Nationwide, police operated “special crisis rooms” or “women’s desks” where female officers received reports from female and child victims of sexual assault and trafficking and where victims found temporary shelter.
In addition to 32 provincial-level antitrafficking-in-persons task forces, the government has 251 task forces at the local (district or city) level, which were usually chaired by the head of the local integrated service center or of the local social affairs office.
Female Genital Mutilation/Cutting (FGM/C): FGM/C reportedly occurred regularly. There were no recent reliable data on FGM/C. Using 2013 data, UNICEF estimated that 49 percent of girls aged 11 and younger underwent some form of FGM/C, with the majority of girls subjected to the procedure before they were six months old. National law prohibiting this practice has never been tested in court, as no one has ever been charged for performing FGM/C. The Ministry of Women’s Empowerment and Child Protection continued to lead official efforts to prevent FGM/C.
Sexual Harassment: The law prohibiting indecent public acts serves as the basis for criminal complaints stemming from sexual harassment. Violations are punishable by imprisonment of up to two years and eight months and a small fine. Civil society and NGOs reported sexual harassment was a problem countrywide.
Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. NGOs reported that social stigma and bullying of female students related to menstruation occurred, and that female students had inadequate access to menstrual education, hygiene products, and hygienic facilities at schools. Such inadequacy prevented female students from appropriately managing menstruation, frequently resulting in absenteeism from school during menstruation. (See the Female Genital Mutilation/Cutting subsection for additional information.)
The law recognizes the basic right of couples and individuals to decide the number, spacing, and timing of their children, but various regulations undercut its effective implementation for women. By law the government must provide information and education on reproductive health that do not conflict with religious or moral norms. NGOs reported that government officials attempted to restrict the provision of reproductive health information related to contraceptives and other services deemed as conflicting with religious or moral norms.
While condoms were widely available, regulations require husbands’ permission for married women to obtain other forms of birth control. Local NGOs reported that unmarried women found it difficult to obtain contraceptives through health-care systems. Media and NGOs reported such women were stigmatized, including by health-care staff who repeatedly asked about marital status and sometimes turned away unmarried women seeking routine procedures such as pap smears.
The UN Population Fund reported that the COVID-19 pandemic disrupted access to family planning and reproductive services. The National Agency for Population and Family Planning reported that approximately 10 percent of its clients dropped out of its programs during the pandemic.
NGOs reported that reproductive health services were not consistently provided to victims of sexual violence. NGOs reported rape victims sometimes experienced difficulties obtaining emergency contraceptives from medical providers.
According to 2017 World Health Organization data, the maternal mortality rate was 177 per 100,000 live births, down from 184 in 2016. The Ministry of Health and NGOs identified several factors contributing to the maternal mortality rate, including lack of training for midwives and traditional birth attendants, continued lack of access to basic and comprehensive emergency obstetric care, and limited availability of essential maternal and neonatal medications. Hospitals and health centers did not always properly manage complicated procedures, and financial barriers and the limited availability of qualified health personnel caused problems for referrals in case of complications. A woman’s economic status, level of education, and age at first marriage also affected maternal mortality.
Discrimination: The law provides the same legal status and rights for women and men in family, labor, property, and nationality law, but it does not grant widows equal inheritance rights. The law states that women’s work outside the home must not conflict with their role in improving family welfare and educating the younger generation. The law designates the man as the head of the household.
Divorce is available to both men and women. Many divorced women received no alimony, since there is no system to enforce such payments. The law requires a divorced woman to wait 40 days before remarrying; a man may remarry immediately.
The National Commission on Violence against Women viewed many local laws and policies as discriminatory. These included “morality laws” and antiprostitution regulations.
In January media widely reported that a Christian female student was forced to wear a hijab in Padang, West Sumatra. In May the Supreme Court invalidated a government ban issued in February on such school regulations, stating that it conflicted with laws regarding the national education system, protection of children, and local government. A March report by Human Rights Watch detailed widespread and intense social pressure for women to wear hijabs in schools and government offices, in addition to requirements in official regulations. Women faced discrimination in the workplace, both in hiring and in gaining fair compensation (see section 7.d.).