Indonesia

Indonesia

Right	Section	Contents
Freedom of Association	History	The Indonesian right of association is first asserted in their 1945 Constitution, ratified on August 18. The right was asserted in Chapter XA, Article 28E (“The 1945 constitution of the Republic of Indonesia”, 1945). 1945. The 1945 Constitution of the Republic of Indonesia. August 18. https://jdih.bapeten.go.id/unggah/dokumen/peraturan/116-full.pdf.
Freedom of Expression	History	The 1964 Provisional Constitution of the Republic of Indonesia guaranteed freedom of expression to all in Article 19. References: R.; Jones Supomo, Garth N., Translator. Provisional Constitution of the Republic of Indonesia (1964) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/proconindo0001&id=29&men_tab=srchresults
Freedom of Religion	History	The Indonesia Constitution was ratified on August 18, 1945. Articles 28E, 28I, and 29.2 grant religious freedom; articles 28B and 28I prohibit any basis of discrimination. The preamble and article 29.1 states that the state of Indonesian is based on the One and Only God. Article 29 Section 2 states: "The State guarantees all persons the freedom of worship, each according to his/her own religion or belief." (constituteproject.org). According to the US Department of State in 2021, “The constitution states citizens must accept restrictions established by law to protect the rights of others and to satisfy, as noted in the constitution, ‘just demands based upon considerations of morality, religious values, security, and public order in a democratic society.’” “Indonesia - United States Department of State.” U.S. Department of State, June 2, 2022. https://www.state.gov/reports/2021-report-on-international-religious-freedom/indonesia/. “Indonesia 1945 (Reinst. 1959, Rev. 2002) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Indonesia_2002.
Freedom of the Press	History	Indonesia’s 1945 Constitution does not formally protect freedom of the press, but does protect freedom of expression (Constitute Project, “Indonesia's Constitution of 1945, Reinstated in 1959, with Amendments through 2002” ). Indonesia Law No. 40 in 1999 outlined explicit protections for press freedom: “the freedom of the press is one of the many embodiments of the sovereignty of the people and is the utmost important element in creating a democratic society, nation and state in order to insure the freedom of expressing ideas and opinions as stated in Article 28 of the Indonesian Constitution of 1945” (Human Rights and Peace for Papua, “Indonesian Law No. 40 in 1999 on Press”).
Privacy Rights	History	While the Republic of Indonesia’s Constitution does not explicitly mention privacy, it protects the right to communication in Article 28(f) and the right to security of oneself and one’s property in Article 28(g), concepts which are often in accordance with property rights (“State of Privacy,” 2019). However, separate laws in Indonesia have dealt with privacy rights, including the 1999 Law on Telecommunications. Article 40 of this law prohibits eavesdropping; Article 42(1) requires telecommunications providers to keep transmitted information confidential; and Article 42(2), Article 43, and Article 44 highlight the procedures for the state to gain information from telecommunications providers in criminal investigations. Additionally, protection of personal data and information has been included in a multitude of legislation in the past few decades, including but not limited to: the 1998 Banking Law, 1999 Consumer Protection Law, the 2008 Electronic Information and Transaction Law, and the 2009 Hospital Law (“State of Privacy,” 2019). References: “Constitution of Indonesia 1945 (reinst. 1959, rev. 2002)”. Constitute Project. https://www.constituteproject.org/constitution/Indonesia_2002 “Law of the Republic of Indonesia No. 36 of 1999 Regarding Telecommunications.” Department of Communications Directorate General of Post and Telecommunications. https://www.postel.go.id/content/EN/regulasi/telecommunication/uu/law36-1999.pdf “State of Privacy in Indonesia”. 2019. Privacy International. https://www.privacyinternational.org/state-privacy/1003/state-privacy-indonesia
Voting Rights and Suffrage	History	Citizens of Indonesia vote for members of the People’s Representative Council as long as they are over 17 and have a valid voter ID card. (Constitute Project, “Indonesia’s Constitution of 1945, reinstated in 1959 with Amendments through 2002” ).