Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Abolition of Forced Labour Convention, 1957 (No. 105) - Indonesia (Ratification: 1999)

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Article 1(a) of the Convention. Imposition of penalties involving compulsory labour as a punishment for expressing views opposed to the established political, social or economic system. Law No. 9 of 1998 on freedom of expression in public. In its previous comments, the Committee noted that Law No. 9 of 1998 on freedom of expression in public imposes certain restrictions on the expression of ideas in public during public gatherings, demonstrations, parades, and so on, and that sections 15, 16 and 17 of the Law provide for the enforcement of those restrictions with penal sanctions “in accordance with the applicable legislation”. It noted the Government’s statement that, pursuant to section 17 of the Law, persons who violate section 16 (concerning the public expression of opinion in contravention of the applicable legislation) shall be punished in accordance with the criminal legislation in force. Moreover, the Committee noted that Law No. 9 of 1998 provides some limitations on expression, including that notification must be submitted to the police three days before certain activities (such as the expression of opinions in public or activities such as rallies or demonstrations), and that pursuant to section 15, the act of expressing public opinion can be disbanded if it fails to meet this requirement. The Committee requested the Government to provide information on the application in practice of sections 15, 16 and 17 of Law No. 9/1998 in relation to the exercise of the freedom of expression in public by all individuals and organizations, including the number and nature of penalties imposed.

The Committee notes the Government’s information in its report that from 2018 until now no actions were reported as violating the provisions of sections 15, 16 and 17 of Law No 9 of 1998.