19 12 月, 2022

Indonesian new criminal code respects privacy, human rights

JAKARTA, Dec 19, 2022 - (ACN Newswire via SEAPRWire.com) - Indonesia clarifies that the New Criminal Code was drafted carefully and obeys Human Rights aspects, following the emergence of reactions related to the ratification of the code.Deputy Minister of Law and Human Rights Edward Omar Sharif Hiariej on Friday stated the criminal code was drafted carefully by paying attention to the balance of the interests of individuals, the state, and the public and by taking into account Indonesia's multi-ethnic, multi-religious, and multi-cultural condition.Some of the articles criticized by the public include those related to privacy, freedoms of the press, and human rights. One of the issues is regarding the adultery and cohabitation articles in the code.Hiariej clarified that the adultery and cohabitation articles are complaint-based. Thus, the perpetrator should only be prosecuted on the basis of a complaint, which can only be made by their spouse (for those who are married) or parents or children (for those who are not married).The articles, he says, are aimed at protecting people from acts of arbitrariness. "When these articles are regulated in the criminal code, there would definitely be no raids," he added.Additionally, the Spokesman of the Dissemination Team of the New Criminal Code, Albert Aries, clarified the criminal code has never given additional administrative requirements for tourism players to question people about their marital status. Aries affirmed that people's privacy is still guaranteed by law in Indonesia, of course, without reducing respect for the values that the country holds.A criminologist from the University of Indonesia, Adrianus Meliala, expressed optimism that the implementation of the cohabitation article will not violate human rights since it is complaint-based. He said that law enforcement officers must face the discourse with real actions.Apart from adultery and cohabitation, freedom of expression and freedom of the press are among the issues that have been addressed.Regarding freedom of expression, deputy minister Hiariej stated that the new criminal code made a clear distinction between critics and defamation. He explained that critics should not be criminalized as they are in the interest of the public in a democratic society, while defamation is deemed a criminal act in any country. He further said that the freedom of the press is also ensured as the criminal code adopted one of the provisions of the Law on the Press, which states that critics are a form of supervision or public scrutiny.The spokesman Aries affirmed that the criminal code is in accordance with human rights. "It is not true to say that the Indonesian Criminal Code is inconsistent with human rights," he stated. The criminal code, says Aries, regulates everything by paying attention to the balance between human rights and human obligations.In order to pay respect to the general law principles that apply universally, the criminal code adopts the substance of the Convention for the Protection of Human Rights and Fundamental Freedoms (Treaty of Rome 1950). The code also adopts the International Covenant on Civil and Political Rights (the New York Convention, 1966), and the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, December 10, 1984.Written by: Raka Adji, Editor: Rahmad Nasution (c) ANTARA 2022 Copyright 2022 ACN Newswire. All rights reserved. (via SEAPRWire)

12 12 月, 2022

Indonesian Criminal Code won’t harm investment

JAKARTA, Dec 12, 2022 - (ACN Newswire via SEAPRWire.com) - The dissemination team spokesperson of the Draft Law on Criminal Code (RKUHP) Albert Aries clarified the fundamentally misleading news related to the adultery article, which is considered to harm Indonesia's tourism and investment sectors."The adultery article in the new Criminal Code that takes effect three years after its stipulation is an absolute criminal complaint. This means that only the husband or wife (for those bound by marriage) or the parents or children (for those not bound by marriage) can make a complaint. No one else can report or take the law into their own hands. There will be no legal process without a complaint from the entitled and directly harmed parties," Aries said in his statement on Thursday (Dec 8).The articles of the Criminal Code that have recently attracted the attention of foreign tourists, including investors, are Article 411 concerning adultery, Article 412 concerning live-in relationships, and Article 424 concerning drinks and intoxicants.Minister of Tourism and Creative Economy, Sandiaga Uno, has said he believes the newly passed Criminal Code (KUHP), specifically its provisions on live-in relationships, will not affect tourism and creative economy investment in Indonesia. "I am very confident that we can get US$68 billion (in foreign investment), and we can create 2 million jobs in this sector. But, of course, we need support," he informed here on Saturday (Dec 10).According to Uno, investors need legal opinion before investing in Indonesia. The legal opinion must give confidence in safe. Uno added that the ministry will still need support and assistance in terms of legal certainty to convince investors to invest.Upholds Human RightsAries also stated that it is not true that Indonesia's Criminal Code is not following human rights. "We certainly respect United Nations (UN) concern on equality, privacy, religious liberty, and journalism issues. On that basis, the criminal code regulates all of them by paying attention to the balance between human rights and human obligations," Aries said.The reason is that the legal politics contained in the Criminal Code are aimed at respecting and upholding human rights based on the ideals of Pancasila (the Five Principles), BhinnekaTunggal Ika (Unity in Diversity), the Unitary State of the Republic of Indonesia, and the 1945 Constitution.He underlined that the Criminal Code does not discriminate against women, children, and other minority groups, as well as the press.One example is the adoption of Article 6 letter d of Law Number 40 of 1999 on the Press into the Elucidation of Article 218 of the Criminal Code so that criticism is not punished because it is a form of supervision, correction, and advice on matters relating to the public interests.According to Aries, it is also incorrect to say the Criminal Code legitimizes negative social attitudes towards adherents of minority beliefs. "The regulation of criminal acts against religion and belief in the Criminal Code has been reformulated by taking into account the International Covenant on Civil and Political Rights (ICCPR), as inputs from the civil society," he said.Previously, the Indonesian House of Representatives (DPR RI) passed the Draft Law on Criminal Code into law in a plenary meeting chaired by the Indonesian House of Representatives Deputy Speaker Sufmi Dasco Ahmad on Tuesday (Dec 6).In the formulation of the Criminal Code, meaningful participation as the fulfillment of civil societies' rights to be heard, explained, and consideration has been given as much as possible.--Antara Copyright 2022 ACN Newswire. All rights reserved. (via SEAPRWire)

25 11 月, 2021

Teen who did backflip in Singapore Zoo’s rhino pen admits to offences

SINGAPORE - A youth caught on video doing a backflip inside the white rhinoceros enclosure at the Singapore Zoo pleaded guilty to eight charges for offences including mischief and criminal trespass in a district court on Thursday (Nov 25). Ralph Wee Yi Kai, 19, who appeared in court via video-link, had performed the stunt on Dec 17 last year. The police, who were alerted to the case at around 5.40pm that day, said: "Preliminary investigations revealed that the man's companion, an 18-year-old woman, allegedly filmed him before the man posted the video on his TikTok account, using the moniker @ralphwee_. "Through investigations, officers from Woodlands Police Division established the identities of the man and woman on the same evening." The police later issued the woman a stern warning for abetting criminal trespass. Wee was first charged in July with two counts of mischief and one count each of vandalism and criminal trespass. He was out on bail of $15,000 when he consumed cannabis. He had the bail revoked and was remanded. On Oct 13, he appeared in court via video link and was charged with one count of drug consumption. He was later released on bail of $20,000. Instead of keeping out of trouble, he committed other offences, including cutting off his electronic tag on Oct 26. Wee was placed back in remand soon after he failed to turn up in court on Nov 5 and had a warrant of arrest issued against him. More on this topic Related Story 4 teens probed for being public nuisance after one of them flips signboard at toddler Related Story Courts & Crime: Read more stories

26 2 月, 2021

Gymnastics: Ex-US Olympics coach John Geddert kills himself after human trafficking charges

DETROIT (NYTIMES) - Former US Olympic gymnastics coach John Geddert killed himself on Thursday (Feb 25), according to a spokeswoman for the Michigan attorney-general’s office, shortly after he was charged with human trafficking, criminal sexual conduct and other crimes. Geddert, who owned a gym where athletes said they were sexually assaulted by the former team doctor Lawrence Nassar, was the head coach of the 2012 Olympic gymnastics team and formerly owned and coached at Twistars, a gymnastics club located in Dimondale, a suburb of Lansing, Michigan. Dana Nessel, Michigan’s attorney-general, announced the charges on Thursday at an afternoon news conference. Geddert faced 20 counts of human trafficking – including 14 counts of forced labour resulting in injury and six counts of trafficking a minor – as well as charges of racketeering, first-degree criminal sexual conduct, second-degree criminal sexual assault and lying to a police officer. A lawyer for Geddert could not immediately be reached for comment. According to a felony complaint filed on Thursday in Eaton County, Michigan, Geddert is accused of human trafficking for about a decade, from 2008 into 2018. The complaint also accuses Geddert of criminal sexual conduct involving a person between the ages of 13 and 16 in January 2012. Search warrants were obtained for Geddert’s home and his former gym, with prosecutors obtaining “12 boxes of evidence and a large number of electronic devices,” Nessel said at the news conference. Nessel said the allegations “stemmed from events that occurred in the state of Michigan,” but did not give an exact number of how many people the case involved, saying “less than 50, and they are all minors.” According to prosecutors, victims suffered from self-harm and eating disorders, enduring an environment of “extreme” emotional and physical abuse. They also endured “excessive physical conditioning,” Nessel said, and were forced to perform at times when they were injured. “Many of these victims still carry these scars from his behavior to this day,” Nessel said. Nessel said Geddert had been expected to turn himself in to authorities and was set to be arraigned Thursday afternoon. Danielle Hagaman-Clark, the state’s assistant attorney-general, said that all but one of the counts against Geddert related to Nassar. In 2018, Nassar was sentenced to 40-125 years in prison for criminal sexual conduct involving abuse that took place at Twistars between September 2009 and September 2011. Prosecutors argued that Geddert knew about Nassar’s sexual abuse. Hagaman-Clark said that “he failed to take action.” Sarah Klein, a former student of Geddert’s who was abused by Nassar, said in a statement that Geddert “maintained a culture of fear” at his gym. “It was widely known that Geddert and Nassar were close friends and it would have been unthinkable to approach him and complain about Nassar’s actions,” Klein said. Rachael Denhollander, who was one of the first gymnasts to go public about Nassar’s abuse, said on Thursday the charges brought against Geddert were “sobering.” “The reality is Geddert’s abuse was never a secret,” said Denhollander, who attended meets with Twistars’ athletes as a gymnast. “Geddert could have and should have been stopped decades ago.” More on this topic Related Story USA Gymnastics offers $292 million settlement to Larry Nassar's victims Related Story 'Are you remorseful?' gymnast asks sex abuse gymnastics doctor Larry Nassar