Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

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. The Committee notes Law No. 31 of 27 December 2002 on political parties. It notes that under article 28(l) of this Law, any one who gives a donation to a political party in excess of the amount specified in article 18 shall be liable to a sentence of a maximum of two months imprisonment and/or a fine. Under the terms of article 28(2) of the Law, the executive board of a political party that receives a donation in excess of the amount specified in article 18 shall be liable to a maximum of six months imprisonment and/or a fine. By virtue of article 28(3), any person who influences or forces an individual or a corporate body to give a donation to a political party in excess of the amount specified in article 18 shall be liable to a maximum of six months imprisonment and/or a fine. Under article 28(5), the executive board of a political party that commits a violation of article 19(3) shall be liable to a maximum of six months imprisonment and a fine. Article 19(3) bans a political party from: (a) receiving and/giving a donation from or to a foreign party, with a foreign party being understood, under the terms of the explanations provided at the end of the Law, as a foreign national, foreign social organization, or foreign government; (b) receiving a donation from any party without mentioning its identity; (c) receiving a donation from an individual and/or corporate body in excess of the specified amount; or (d) asking for or receiving funds from a state-owned company, cooperative, foundation, non-governmental organization, social organization or a humanitarian organization. Under the terms of article 28(6), the executive board of a political party that uses the political party for adopting, developing and disseminating Communism/Marxism–Leninism shall be sued on the basis of articles 107(c), 107(d) and 107(e) of Law No. 27/1999 amending the Criminal Code with regard to crimes against state security.

The Committee notes that under the terms of the above provisions sentences of imprisonment (involving compulsory prison labour under articles 14 and 19 of the Criminal Code and articles 57(1) and 59(2) of the Prisons Regulations) may be imposed in the circumstances covered by Article 1(a) of the Convention. It therefore requests the Government to take the necessary measures to amend article 28 of Law No. 31 of 27 December 2002 on political parties so as to ensure that persons who are in violation of these provisions cannot be sentenced to imprisonment involving compulsory labour. In the meantime, it requests the Government to indicate the manner in which effect is given to article 28 of the Law in practice, with copies of any court decisions issued under this provision.

Legislation relevant to the application of the Convention. 1. The Committee previously requested the Government to provide a copy of the law respecting labour discipline in merchant shipping. It notes the Government’s indication that this text is not available. The Committee hopes that the Government will be in a position to provide a copy with its next report.

2. The Committee notes Law No. 40/1999 on the press.