CMNT_TITLE

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

Other comments on C105

Observation

Direct Request

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The Committee notes that the Government’s report contains no information on the matters raised in its previous direct request. It hopes that the next report will include full information on the matters previously raised, which read as follows:

Communication of texts. The Committee requests the Government once again to provide a copy of the law respecting labour discipline in merchant shipping.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. In its previous direct request, the Committee noted section 28 of Law No. 31/2002 on political parties, which regulates donations made to and received by political parties and provides for penal sanctions, including sentences of imprisonment involving compulsory labour, for donations made or received beyond certain specified amounts. The Committee requested the Government to take the necessary measures to amend section 28 of Law No. 31/2002 so as to ensure that persons who are in violation of these provisions could not be sentenced to imprisonment involving compulsory labour. In the meantime, it requested the Government to indicate the manner in which effect was being given to section 28 of the Act in practice, and to supply copies of any court decisions issued under this provision.

The Committee noted that, in its 2008 report, the Government stated that Law No. 2 of 2008 on Political Parties had repealed Law No. 31 of 2002, and that section 28 of Law No. 31/2002 had been superseded by section 49 of Law No. 2/2008. The Committee noted, however, that, although section 49 of the new Act no longer included a provision that corresponds to section 28(3) of Law No. 31/2002, which penalized with criminal sanctions the influencing or forcing of donations to a political party, the new Act, under sections 49 and 50, retained provisions which closely replicate sections 28(1), (2), and (6) of the 2002 Act, and which not only retained criminal penalties involving the imposition of terms of imprisonment, but increased the maximum duration of the prison sentences that may be imposed. The Committee reiterates its hope that the Government will take measures to further amend or repeal sections 49 and 50 of Law No. 2/2008 so as to bring the legislation into conformity with the Convention. In the meantime, the Committee requests the Government to provide information about the application in practice of sections 49 and 50 of Law No. 2/2008, including copies of any court decisions issued under these provisions.