Fundamental rights
Chapter XA of the Constitution protects the right to life (Art. 28A), the right to form a family through lawful marriage and the child's right to protection from violence and discrimination (Art. 28B), equality before the law (Art. 28D), protection of person, family, honour and dignity and freedom from torture (Art. 28G) and the right to medical care and social security (Art. 28H). Art. 28I(1) lists rights that cannot be reduced in any circumstances, among them life, freedom from torture, freedom of thought, religion and protection from retroactive laws, while Art. 28J(2) allows other rights to be limited by law to protect the rights of others and to meet morality, religious values, security and public order. Art. 29 guarantees freedom of worship, and Art. 24C gives the Constitutional Court, of nine justices, first and final jurisdiction to review statutes against the Constitution. The text consulted is the 1945 Constitution as revised to 2002.
Komnas HAM, the National Human Rights Commission, was set up by Law No. 39 of 1999, with its seat in the capital (Art. 76(3)). Any person or group with strong grounds to believe a right has been violated may file a written or oral complaint, which is served only if it carries the complainant's true identity and initial evidence (Art. 90(1) and (2)); a complaint filed by another person needs the victim's consent, except in certain violations judged by Komnas HAM (Art. 90(3)). The Commission does not examine, or stops examining, a complaint without adequate initial evidence, outside human rights, brought in bad faith, where a more effective remedy exists or while another legal remedy is under way (Art. 91(1)). Hearings are closed unless it decides otherwise (Art. 93), and a mediated settlement is a written agreement, legally binding and valid evidence, which the district court can be asked to enforce (Art. 96(2) to (4)).
The United Nations Treaty Collection records these dates for Indonesia: Convention on the Elimination of All Forms of Discrimination against Women, signed 29 July 1980 and ratified 13 September 1984; Convention on the Rights of the Child, signed 26 January 1990 and ratified 5 September 1990; Convention against Torture, signed 23 October 1985 and ratified 28 October 1998; Convention on the Elimination of All Forms of Racial Discrimination, acceded 25 June 1999; the International Covenant on Civil and Political Rights and the Covenant on Economic, Social and Cultural Rights, both acceded 23 February 2006; and the Convention on the Rights of Persons with Disabilities, signed 30 March 2007 and ratified 30 November 2011. The Optional Protocol to the women's convention shows only a signature, on 28 February 2000, and Indonesia does not appear among the parties to the Second Optional Protocol to the Civil and Political Covenant on abolishing the death penalty.
The death penalty remains in law but is hedged. Under the Criminal Code it is a last-resort sentence always threatened as an alternative (Art. 98). Since Law No. 1 of 2026 rewrote Arts. 99 to 101, a judge imposes it with a ten-year probation period (Art. 100(1)); it cannot be carried out during that period (Art. 100(6)); if the convict shows commendable conduct it is changed to life imprisonment by presidential decree after the Supreme Court's opinion (Art. 100(4)); and it can be carried out only if the convict's conduct during probation was not commendable and either no clemency was requested or the President refused it (Art. 99(1)). If clemency is refused and nothing happens for ten years, the sentence becomes life imprisonment by operation of law (Art. 101). Execution is by firing squad, not in public, and is postponed for a pregnant or breastfeeding woman or a person with a mental illness (Art. 99(2) to (4)). Amnesty International lists Indonesia as retaining the death penalty in law.
The Code also writes local custom into criminal law. Art. 2 preserves 'living law' that makes an act punishable even if the Code does not provide for it, but only in the place where that law lives, only if the Code is silent, and only if it conforms to Pancasila, the Constitution, human rights and general principles recognised by nations (Art. 2(1) and (2)); the Code lets a judge impose compliance with local customary obligations as an additional penalty, treated as equal to a category II fine (Arts. 96 and 97). Aceh adds a separate regime: Law No. 11 of 2006 applies Islamic law, including criminal law (jinayah), to Muslims through the Syar'iyah Court (Arts. 125 to 129).
Key points
| Constitution | 1945 Constitution, text revised to 2002; Chapter XA on human rights, Arts. 28A to 28J |
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| Rights that cannot be limited | Life, freedom from torture, thought, religion, protection from retroactive laws, among others (Art. 28I(1)) |
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| Constitutional Court | Nine justices; first and final review of statutes against the Constitution (Art. 24C) |
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| Komnas HAM complaints | Oral or written, with true identity and initial evidence (Law No. 39 of 1999 Art. 90) |
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| Women's and children's conventions | CEDAW ratified 13 September 1984; CRC ratified 5 September 1990 (UN Treaty Collection) |
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| Covenants | ICCPR and ICESCR both acceded 23 February 2006; CAT ratified 28 October 1998; CRPD ratified 30 November 2011 |
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| Death penalty | Alternative sentence with ten-year probation (Criminal Code Arts. 98 and 100 as rewritten by Law No. 1 of 2026) |
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| Automatic commutation | To life imprisonment if not carried out within ten years of a refused clemency request (Art. 101) |
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| Second Optional Protocol to the ICCPR | Indonesia not listed among the parties (UN Treaty Collection) |
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In practice
- To complain of a human rights violation, write to or approach Komnas HAM with your true identity and initial evidence; if you act for another person, bring the victim's consent (Law No. 39 of 1999 Art. 90).
- Check first whether a more effective remedy exists or a legal process is under way: Komnas HAM does not examine, or stops examining, in either case (Art. 91(1)(d) and (e)).
- If mediation succeeds, ask the Commission to put the settlement in writing: it is binding and valid evidence, and if a party does not comply the other may ask the district court to enforce it (Art. 96).
- To challenge a statute's compatibility with the Constitution, the route is the Constitutional Court (Art. 24C); the procedure for filing is not covered here.
Recent changes
Law No. 1 of 2026, enacted on 2 January 2026, rewrote Arts. 99 to 101 of the Criminal Code, so that the death sentence is imposed with a ten-year probation period during which it cannot be carried out.
Where to go
- Komnas HAM, which sits in the capital and may have representatives in the regions (Law No. 39 of 1999 Art. 76(3) and (4)).
- Constitutional Court (Mahkamah Konstitusi), for review of statutes against the 1945 Constitution.
- Komnas Perempuan, Jalan Latuharhary No. 4B, Menteng, Central Jakarta; telephone +62-21-3903963.
Worth knowing
Art. 28J(2) subjects the rights of Chapter XA to limits set by law, and Art. 2 of the Criminal Code keeps 'living law' alive locally; both mean the national text must be read with local custom and, in Aceh, with the qanuns that apply to Muslims.
Frequently asked questions
Does Indonesia still have the death penalty?
Yes: Art. 98 of the Criminal Code keeps it as an alternative last-resort sentence, imposed with a ten-year probation period during which it cannot be carried out (Art. 100 as rewritten by Law No. 1 of 2026), and Indonesia is not a party to the Second Optional Protocol to the Civil and Political Covenant.
Where can I complain about a human rights violation?
To Komnas HAM, orally or in writing, with your identity and initial evidence (Law No. 39 of 1999 Art. 90), unless a more effective remedy exists or a legal process is under way (Art. 91).
Which international human rights treaties has Indonesia joined?
The UN Treaty Collection lists CEDAW (1984), the Convention on the Rights of the Child (1990), the Convention against Torture (1998), the racial discrimination convention (1999), both Covenants (2006) and the disability convention (2011).
Sources
- Constitution of Indonesia of 1945, text revised to 2002 (Constitute Project) — Chapter XA (Arts. 28A to 28J), Arts. 24C and 29
- Law No. 39 of 1999 on Human Rights, official copy (JDIH BPK) — Arts. 75, 76, 90, 91, 93 and 96
- Law No. 1 of 2023 on the Criminal Code (KUHP), official copy, in force since 2 January 2026 (JDIH BPK) — Arts. 2, 96 to 102 as printed in the official copy
- Law No. 1 of 2026 on the Adjustment of Criminal Provisions (enacted 2 January 2026), official copy (JDIH BPK) — points 16 to 18: Arts. 99, 100 and 101 rewritten
- Law No. 11 of 2006 on the Governing of Aceh, official copy (JDIH BPK) — Arts. 125 to 129
- United Nations Treaty Collection -- Convention on the Elimination of All Forms of Discrimination against Women, participants — Indonesia: signed 29 Jul 1980, ratified 13 Sep 1984; Optional Protocol (IV-8.b): signature only, 28 Feb 2000
- United Nations Treaty Collection -- Convention on the Rights of the Child, participants — Indonesia: signed 26 Jan 1990, ratified 5 Sep 1990
- United Nations Treaty Collection -- Convention against Torture, participants — Indonesia: signed 23 Oct 1985, ratified 28 Oct 1998
- United Nations Treaty Collection -- International Convention on the Elimination of All Forms of Racial Discrimination, participants — Indonesia: accession 25 Jun 1999
- United Nations Treaty Collection -- International Covenant on Civil and Political Rights, participants — Indonesia: accession 23 Feb 2006 with a declaration on Art. 1
- United Nations Treaty Collection -- International Covenant on Economic, Social and Cultural Rights, participants — Indonesia: accession 23 Feb 2006
- United Nations Treaty Collection -- Convention on the Rights of Persons with Disabilities, participants — Indonesia: signed 30 Mar 2007, ratified 30 Nov 2011
- United Nations Treaty Collection -- Second Optional Protocol to the ICCPR aiming at the abolition of the death penalty, participants — Indonesia not listed among the participants
- Amnesty International -- Indonesia country page — classification of Indonesia as retaining the death penalty in law
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