A Brief Reality: Inequality in Quality of Education in Indonesia

By Naduma (Staff of EDD) / May 29, 2020

One of Indonesia’s goals on the preamble of its constitution (UUD NRI 1945) is to develop the nation’s intellectual life. It shows that education is believed as a very important thing. People will spend years and thousands for education. Education gives us knowledge of the world, and even enable us to change it into something better. It helps us to develop our perspective of looking at life. It helps us build opinions and have point of view on things in life. But not everyone thinks the same way. Some people think going to school is a waste of time and money. You can get knowledge from everywhere, even you will get more from the outside of school. It may be right, but information can not be converted into knowledge without education. Education makes us capable of interpreting things among other things. It is not just about lessons in textbooks, but also the lesson of life. Some also say that education is a key of success. That’s why parents will sacrifice anything to make their children get education as maximum as possible.

The problem is, everyone doesn’t have the same chance. Indonesia is a big country, consists of hundred millions people with 9,22% number of poverty. It will be easier to access the proper education when you live in a big city, or when your parents have a great job, or when they have much money. Why is it so? Everyone has the same right to get education, so shouldn’t everyone have the same chance too? As it is stated in our constitution, Article 31 UUD NRI 1945. Our government has made a program to realize this mandate, and that is 12 year compulsory education. By this program, every public school is supposed to be free. Government has to prepare 20% of national budget for educational sector, so every child can go to school without worrying about the fee. Unfortunately, the fact is not so.

The government has allocated 20% of national budget for educational sector, but the funds are corrupted by the regional government or the school itself. As Ubaid Matraji, National Coordinator of JPPI (Jaringan Pemantau Pendidikan Indonesia) stated on 26 December 2018, that the amount fund for education in Indonesia is Rp 444 billions at 2018, and 60% of it is alocated to regions. Unfortunately, the fund is corrupted and not used to improve the quality of education.1 Also vice chairman of KPK (Komisi Pemberantasan Korupsi), Basaria Pandjaitan, stated that the fact is educational sector is the most corrupted one, either in provincial level or district level (19/03/2018)2. ICW (Indonesia Corruption Watch) also stated the same point, that educational sector is one of five most-corrupted sectors in Indonesia with 18 cases (20/09/2019)3.

National budget for educational sector at 2020 is 508,1 T, and it is devided to 172,2 T for central, 306,9 T for being transferred to regions, and 29,0 T dor financing.4 Most of the funds (60,4%) is transferred to regions, through its regional government. This means that actually the budget of education function is turned over each region. As region has the biggest role on developing educational sector, regional government has the potential to corrupt the most as well. Knowing this fact, Sri Mulyani as the Ministry of Finance, announced that fund allocation for educational sector would be ‘by name, by address, and by school account’ started from 2020, so the school will accept the fund directly without “getting cut” by the regional government. But, there is still a way that the regional government cut this fund; the regional government call each headmasters and ask them to transfer some of the fund if they still want to be a headmaster (30/01/2020).5 It is very unfortunate that the funds are used for personal needs while it can be and should’ve been used to improve the educational sector. They might say how they also believe that education is important, but actions speak louder than words at the end.

As it happens, many of public school obligate their students to pay monthly school fee and other kinds of levy, such as graduation money, registration

money, book money, etc. While actually according to Article 10 Permendikbud No. 75/2016, states that school should not collect funds from students or their parents unless it is kind of donation and has to be reported transparantly. But those things are counted as illegal levy, as they force students to pay.6 This certainly burdensome students and feared it will affect their desire to go to school, as we already have 4.586.332 children who don’t go to school at 2019.7

Moreover, the education is inaccessible for the children in small regions. We can easily find inaccessible education in regions of Indonesia cases if we google for it. This proves that our education is really not evenly distributed well. One of the cases is some of our children in Banda Aceh have to walk through mountains and take two hours if the road condition is good, just to get to a senior high school. As the effect, many of them decides not to go for it and quit school.8 The infrastructures are also mediocre; thankfully the classrooms have roof and have enough space, while some other schools have AC in each class room. Inequality in quality of education is evident. Getting an education should not be this pathetic.

Besides, the fact is Indonesia got the 72nd position of 77 countries in terms of education on 2018, based on the survey result of PISA (Programme for International Students Assessment) that was released on 2019.9 This affects Indonesia’s image in the eyes of international world as it is considered that Indonesia have not succeeded to provide qualified education by using international standards. This survey is based on 3 main things; mathematics, science, and literacy. This survey involved 12.098 students from 399 schools in Indonesia, while Indonesia has 45.009.784 students 221.138 schools.10 Totok Suprayitno (Chairman of Research and Development of Ministry of Education and Culutre) said that based on the result of this survey, achievements of students in Jakarta and Yogyakarta can be aligned with the students form Malaysia and Brunei. But with our low total, means that the quality of education in each regions is quite different.11 Meanwhile, Professor Lant Pritchett (a professor from Harvard Kennedy School) did a research to 15-year-old children in Jakarta, and the result says that Indonesia can not wait 128 years to close the skill gap. It needs to accelerate learning progress now.12 If Jakarta, the capital and biggest city of Indonesia, is 128 years left, then what about the small cities, the disadvantaged regions? Even just provide a proper education for them is a kind of blessing.

Actually policy on improving and equalizing the quality of education has long been realized in the form of regulations, and some of them are UUD NRI 1945 and UU No. 20/2003 about National Education System. “Every citizen has the right to education” stated on Article 31 Pharagraph 1 UUD NRI 1945. As the implementation of this regulation, one of the principles of operating education according to UU No. 20/2003 Article 4 Pharagraph 1 is that education has to be held demoratically, full of justice, also nondiscriminative by upholding human rights, religious values, cultural values, and diversity. Article 5 pharagraph 1 also states that every citizen has the same right to get quality education. Briefly, these regulations agree with the-Education for All (EFA)-concept, which means education has to be accessible for all. Unfortunately this great concept has not been optimally applied, as the facts been listed above.

Our government should work more to realize the “Education for All”. We should pay more attention to them and prioritize their development, as education is important and everyone has the right of quality education. This may be hard and will take a big effort, remembering Indonesia is a big country with thousands islands, but that is exactly what should be done. Besides, all of us have agreed to this, as our constitution states so. If the funds were not corrupted and used optimally for improving the access of education, this would not be so hard. Supervision of the funds of education should’ve been done more strictly. It is very unfortunate, knowing that the funds should’ve been able to equal the education, instead of using it for personal gain. In the other hands, we as an agent of change can help by making a movement to teach children in small areas voluntarily or join and become a volunteer of an existing movement. As Mahatma Gandhi said, be the change you want to see in the world.

At the end, hopefully our educational sector will get better as education is very important for the future of our country. This is indeed our government’s obligation, but it will take hundreds years if we just wait for the government to realize it. We can help, and we should work together for this.

1 Redaksi Lingkaran.net. “58 Jenis Pungli di Sekolah Incaran Tim Saber Pungli”. https://lingkaran.net/58-jenis-pungli-di-sekolahincaran-tim-saber-pungli/

2 Erwanti, Merlinda Oktavia. “KPK Temukan Korupsi Paling Banyak di Sektor Pendidikan”. https://news.detik.com/berita/d3923898/kpk-temukan-korupsi-paling-banyak-di-sektorpendidikan 3 Konten Redaksi Kumparan. “ICW: Dana Desa Paling Banyak Dikorupsi Sepanjang 2019, Kerugian Rp 32,3 Miliar”. https://kumparan.com/kumparannews/icw-dana-desa-palingbanyak-dikorupsi-sepanjang-2019-kerugian-rp-32-3-miliar1srgrC0P8pX/full 4 Kemenkeu. “APBN 2020”. https://www.kemenkeu.go.id/singlepage/apbn-2020/ 5 CNN Indonesia. “Menkeu Ungkap Modus Korupsi Dana BOS oleh Pemda dan Kepsek”. https://www.cnnindonesia.com/ekonomi/20200131093037-532470390/menkeu-ungkap-modus-korupsi-dana-bos-oleh-pemdadan-kepsek 6 Abdi, Alfian Putra. “JPPI: Pemerintah Belum Serius Sikapi Wajib Belajar 12 Tahun”.https://tirto.id/jppi-pemerintah-belum-seriussikapi-wajib-belajar-12-tahun-dcES 7 Republika.co.id. “Partisipasi Pendidikan Naik Tapi Jutaan Anak Indonesia Masih Putus Sekolah”. https://republika.co.id/berita/pv3vz1/partisipasi-pendidikan-naiktapi-jutaan-anak-indonesia-masih-putus-sekolah

8 Kominfo. “Potret Pendidikan di Pelosok Neger (2)”. https://kominfo.go.id/content/detail/5439/potret-pendidikan-dipelosok-negeri-2/0/sorotan_media 9 PISA 2018 Results. https://www.oecd.org/pisa/Combined_Executive_Summaries_PIS A_2018.pdf 10 Jendela Pendidikan dan Kebudayaan. http://jendela.data.kemdikbud.go.id/jendela/ 11 Kompas.com. “Skor PISA Terbaru Indonesia, Ini 5 PR Besar Pendidikan Pada Era Nadiem Makarim”. https://edukasi.kompas.com/read/2019/12/04/13002801/skorpisa-terbaru-indonesia-ini-5-pr-besar-pendidikan-pada-eranadiem-makarim?page=all 12 Pritchett, Lant. “The Need for a Pivot to Learning: New Data on Adult Skills from Indonesia. https://www.cgdev.org/blog/needpivot-learning-new-data-adult-skills-indonesia

THE COMPLEXITY AND IMPLICATION OF TAX POLICY ON ANTICIPATING ECONOMICAL CHALLENGE CAUSED BY COVID-19

By Muhammad Raihan Pramudya (Staff of LDD) / May 30, 2020

Chapter I : Preliminary

Background

Major changes are taking place throughout the world. The wealth of a world in which the capital-financial mode of production dominates, appears in the form of collateral letters: trade contracts, employment contracts, financial cooperation contracts. The world economy is currently faced with a force majeure, which is COVID-19. Unlike the usual force majeure, this time we face a universal force majeure, a universal state of exception.

In difficult times like this, the Government need a strong synergy between the community and the Government, both are needed to work together. The COVID-19 pandemic has caused major damage in Indonesian economy, the government is forced to cut state revenue and forced to increase state spendng and financing. During rhis crisis, the Government has responded to the people’s complaint, especially entrepreneurs, regarding the difficulty of maintaining their busnesses due to the pandemic. There are solutions provided to support the people, it includes credit lending, taxation postponement, and tax relief. In response to the pandemic, the Indonesian government has issued a new regulation as the legal protection to overcome national economical challenge, one of them is to provide tax incentives for business and individuals affected by the coronavirus.

Tax is one the major income source of state revenue for government administrators and the funding to the national development program1. The country’s source of income are based on Anggaran Belanja Negara (APBN) Law and consists of tax income, non-tax income state revenue, and grants. Government’s policy on state revenue and grants are aimed to support fiscal policy to optimalize state revenue. This is aligned with the role of state revenue as the source of funding for government programs and policies. The Government issued Government Regulation in Lieu of Law No. 1 of 2020 regarding State Financial Polcy and Financial System Stability for the Management of the Coronavirus or COVID-19 Pandemic and/or in Facing Threats to the National Economy and/or Financial System Stability (Perppu No. 1/2020). Perppu 1/2020 regulates lowers corporate tax rates, imposes tax on electronic transactions by foreign tax subjects, extends tax filing deadlines and empowers the Ministry of Finance to waive import duties in the context of responding to the COVID-19 pandemic and/or in responding to a threat to the economy or national stability. There are at least three regulations regarding tax relief during this pandemic that are based on Perppu 1/2020.

1. Minister of Finance Regulation Number 23/PMK.03/2020 regarding Tax Incentives for Taxpayer Affected by Coronavirus Pandemic

2. Minister of Finance Regulation Number 28/PMK.03/2020 regarding Facilitating Tax for Goods and Services Needed to Handle Corona Virus Disease 2019 Pandemic

3. Minister of Finance Regulation Number 34/PMK.04/2020 regarding Facilitating Customs and Taxes on Import Goods for the Purpose of Handling Corona Virus Disease 2019 Pandemic

Although the regulation is issued in order to respond to COVID-19 pandemic and/or to the threat of economic stability, the adjustments of Corporate Income Tax rate and electronic transactions tax rate are the same as those in the Omnibus law draft that is supposed to be issued this year. Thus, creating waves of disagreement from the people regarding the tax policy regulated by the Government.

This legal review is aimed to review the implcation and the form of regulation regarding the tax policy issued by the Government in response of handling COVID-19 pandemic. This legal review is also aimed to analysis the legal aspect of the tax policy.

The problem formulation of this legal review consists of two major topics:

1. What are the implication of the tax policy issued in response of handling COVID-19

2. What are the legal basis of the tax policy issued in response of handling COVID-19

Chapter II : Analysis

The implication of the tax policy issued by the Government in response of handling COVID-19 Law No. 29 of 2007 regarding General Requirement and Procedures of Tax (UU KUP) defines tax as a mandatory contribution to the country by individuals or legal bodies that are coercive based on the law. Tax is a clear statutory obligations regulated by the constitution. Article 23 (A) of the Constitution stated that “taxes and other levies that are coercive for the purpose of the sstate is regulated by the law”, which also aligned with article 27 verse (1). On the other hand, R.A Seligman defines tax as “a compulsory contribution from the person, to the government to defray the expenses incured in the common interest of all, without reference to special benefit confered”.

Economically, in response to the Corona Virus Pandemic, the government of Indonesia has issued tax policies to strengthen national economic stability. General Director of Taxation Decree No. KEP156/PJ/2020 regarding Tax Policies on the event of Coronavirus Pandemic (KEP-156/2020) sets forth that starting from March 14th, 2020 until April 30th 2020 as force majeur in taxation sector.

Government Regulation in Lieu of Law No. 1 of 2020 (Perppu 1/2020) regulates tax policies in order to stabilise the national economy affected by COVID-19. There are at least 4 main policies that are contained in the regulation

Lower Tax Rates for Domestic Companies

Article 5 of Perppu 1/20 reduces tax rates for domestic corporate taxpayers and permanent establishments from 25% to 22% applicable for the 2020 and 2021 tax years, and to 20% starting in the 2022 tax year., and will be reduced to 17% for any domestic taxpayers that meet the following criteria: (i) publicly listed company; (ii) trade at least 40% of their shares through the Indonesia Stock Exchange; and (iii) meet certain other conditions to be further regulated by or based on government regulations. The current tax rate for domestic corporate taxpayers and permanent establishments is 25%, which means this will reduce at least 5% from the current tax rate.

Tax on Electronic Transation

Perppu 1/2020 regultes a tax for Trade Through Electronic System (Perdagangan Melalui Sistem Elektronik or “PMSE”). Artcile 6 of Perppu 1/2020 regulates the type of tax imposed on PMSE. It includes on imposing value added tax (VAT) on intangible taxable goods and/or taxable services originating from outside Indonesia and utilized inside the country as part of PMSE activities. VAT will be imposed subject to the provisions of Law No. 8 of 1983 regarding Value Added Tax for Goods and Services and Sales Tax on Luxury Goods, as lastly amended by Law No. 42 of 2009 (the “VAT Law”).

The VAT on PMSE activities is to be collected, deposited and reported by foreign traders, foreign service providers, foreign electronic system trade providers (Foreign PPMSE) and/or domestic electronic system trade providers (Domestic PPMSE), appointed by the Minister of Finance.5 Foreign trade companies, foreign service providers, and foreign electornc system trade providers will be treated as a permanent establishment and will be imposed on VAT if the company meets the requirement of the Significant Economic Presence. Article 7 of Perppu 1/2020 sets the requirements of Signifant Economic Presence, which is (i) gross circulation of the group business consolidation increase to a certain amount (ii) the service circulation in Indonesia is up to a certain amount (iii) the number of active users of digital media in Indonesia is up to a certain amount.

Income tax on PMSE is to be paid and reported by foreign trade companies, foreign service provider, and foreign electronic system trade providers. These companies may appoint representatives with domicile of Indonesia to collect, deposit and report Value Added Tax owed or to fulfill their income tax obligations. failure to fulfill their tax obligations will be subject to administrative sanctions as provided by the VAT Law. Since the regulation regarding PMSE is new, additional government regulation is required to set the regulation for other matters related to the above taxes.

Extension of Tax Filing Deadlines

Perppu 1/2020 also provides extensions for the payment of tax obligations as follows:

deadline for taxpayer to file an objection as regulated in Article 25 Verse (3) of Law No. 6 of 1983 regarding General Provisions and Procedures on Tax, as lastly amended by Law No. 16 of 2009 (the “KUP Law”), is extended by six months

deadline for filing a request for the return of tax overpayment as regulated in Article 11 Verse (2) of the KUP Law is extended by one month deadline for taxpayers to apply for the return of tax overpayment as regulated in Article 17B Verse (1) of the KUP Law, file an objection letter referred to in Article 26 Verse (1) of the KUP Law, or apply for the reduction or cancellation of administrative sanctions or incorrect tax assessment or the cancellation of examination results, as regulated in Article 36 Verse (1) of the KUP Law, is extended by six months.

Facilitates on Relief of Import Duties

Perppu 1/2020 also gives the Minister of Fonance the authorization to provide facilities for customs in form of exemption or relief on import duties, which further regulated on Minister of Finance Regulation No. 34/PMK.04/2020 regarding Facilitating Customs and Taxes on Import Goods for the Purpose of Handling Corona Virus Disease 2019 Pandemic (PMK 34/2020).

PMK 34/2020 sets that imported goods for the purpose of handling Coronavirus Pandemic will be free of exempt and tax-free, this regulation also facilitates freeVAT and Sales tax on luxury goods, and it will also be free from Article 22 of Income Tax. Furthermore, goods that are facilitated with tax and exempt free policy as refrerred by the regulation above consists of 73 kinds of goods which is regulated in PMK 34/2020. In order to be facilitated, companes have to apply a request to the Minister of Finance through the Head of Customs and Excise Office.

Apart from the tax policies that are regulated in Perppu 1/2020, the Government also provides tax incentive for Income Taxes as referred to in Minister of Finance Regulation No. 23/PMK.03/2020 regarding Tax Incentives for Taxpayer Affected by Coronavirus Pandemic (PMK 23/2020). This policy is a part of chapter II of stimulus package to anticipate the effect of COVID-19 economically. There are 4 incentices provided by the government :

Article 21 of Income Tax will be fully borned by the government on income tax of workers up to IDR 200 million on 440 manufacturing industy sectors and/or companies that obtain the facilities of Import Ease Export Destination (Kemudahan Impor Tujuan Ekspor or “KITE”)

The exemption of Article 22 of Income Tax on Import of 102 certain sector and/or KITE companies.

The reduction of Article 25 of Income Tax by 30% on 102 certain sector and/or KITE companies. VAT refund is accelerated (preliminary retursn) for 102 certain sectors and/or KITE companies.

The incentives that are referred to in PMK 23/2020 are valid for 6 months, starting from April until September and will be evaluated periodically.

There are various objectives aimed to be achieved from PMK 23/2020, one of them is maintaining the community purchasing power, providing space for company cash flow, as well as compensation for switching costs (costs related to changes in the country of origin of imports and export destinations). The total tax expenditure for this regulation is at least IDR 22 trillion.

The legal basis of tax policy issued by the government in response of COVID-19 pandemic Based on a comparative study by DDTC Fiscal Research (per March 27th, 2020), government’s policies has already aligned with the global trend. Fast respond is mainly done through deadline extensions of tax administration obligation which is extended between one until six months ahead.6 Varous tax relaxation will continue to change along with the dynamics of economic development of each country. There is a correlation between the number of COVID-19 positive cases and the tax policies imposed. The higher the case, the more types and magnitude of tax relaxations are given. The government reacts quickly to shifting the tax paradigm, from the revenue function (budgeter) to the regulating function (regulerend). There is a willingness to sacrifice tax revenue in order to stabilise economic condition of the country.

Per 23rd April, 2020. As much as 20.018 taxpayer has requested for tax incentive, and as much as 14.000 has been approved by the Ministry of Finance7. This helps prevent further economic setbacks caused by the pandemic. On May 4th 2020, the funding body of the House of Representatives (Dewan Perwakilan Rakyat or “DPR”) has agreed on making Perppu 1/2020 as a Law.

This Government in Lieu Law is effective from the date of promulgation, March 31st, 2020. Nevertheless, according to Law No. 12 of 2001 regarding the Formation of Legislation, Perppu 1/2020 must still be submitted to the House of Representatives in the following trial (the first meeting session of the House of Representatives after Perppu 1/2020 is set). The submission of a Government in Lieu Law is made in the form of a draft of a bill concerning the stipulation of a Government in Lieu Law into a Law. House of Representatives only gives approval or does not give approval to the Government in Lieu Law. If it has been

approved by the House of Representatives, it is stipulated as a law.

If the House of Representatives does not approve, the regulation must be revoked and must be declared invalid. The Govenrment in Lieu Law must be revoked and it must be declared invalid, the House of Representatives or the President shall submit a Bill on the Revocation of the Government in Lieu Law. The Bill on Revocation regulates all the legal consequences of a revocatio. This bill was set to become a Law in the same plenary meeting with the refusal (no approval was given) from the House of Representatives

Chapter III : Closing

Conclusion

On taxation sector, Government’s policy has been responsive. What is planned in the Taxation Sector on Omnibus Law is pulled forward in order to immediately impact the taxpayers. Coporate Income Tax rate is reduced to 22% for the 2020 tax year. Taxation of trading activities through the electronic system or PMSE, tax policies on both VAT and Income Tax is also reasonable, both in terms of fairness and long term economic policies utilized during the pandemic. The extension of the application period for tax administration is aligned with supporting large scale social restriction policy or PSBB, which will reduce the risk of transmission of COVID-19.

Tax incentives on Article 21 of Income Tax is also helping the cash flow of both companies and individual, thus maintaining the purchase power of the community during this pandemic. Furthermore, policies related to customs facilities, especially to the import of goods needed for handling COVID-19 is an important breakthrough in the midst of complicated import regulations and overlapping regulationss, The policy was formulaated with the efforts to orchestrate participatory sectoral policies that would have a positive impact on efforts to handle COVID-19. For example, accelerating the production of ventilators, hospital mattresses, masks, and others.

Suggestion

In terms of the implementation of the regulation above. It is only a matter of implementation that requires to be more flexible and adjusted to the government emergency response, with compliance on key performance indicators. Another important thing is the government’s commitment to evaluate the incentives that have been given and will expand to other sectors affected, outside the industries that have been facilitated by the tax policies above. The economy needs also needs to have the capacty to absorb the impact and focus on the most vulnerable people.8 Millons of jobs will be lost, with global assessment from the International Labour Organization (ILO), five to 25 million jobs will be eradicated, and the world will lose $860 billion to $3.4 trillion in labour income.

1 Dwi Sulatyawati, 2018, Hukum Pajak dan Implementasinya Bagi Kesejahteraan Rakyat, Salam : Jurnal Filsafat dan Budaya Hukum, page. 120 2 Tjip Ismail, Kumpulan Artikel Kuliah Hukum Pajak, page. 3 3 R. Santoso Brotodiharjo, Pengantar Ilmu Hukum Pajak, (Bandung : Rafika Aditama, 2003), page. 3 4 Michael S.Carl and Charvia Tjhai, 2020, Indonesia and COVID-19 : New Tax Policies Aim to Stimulate Economy, SSEK Legal Consultants, page. 66 5 Ibid 6 Darussalam, Pajak Hadir Lawan DampakCorona, 30th March 2020, (https://news.ddtc.co.id/pajak-hadir-lawan-dampak-korona19876?page_y=4625.5556640625) accessed on 11th May 2020 7 Based on Dashboard of PMK-23 on Application Managerial Dashboard DJP accessed on 8th May 2020 8 Djalante et.al. Review and analysis of current responses to COVID19 in Indonesia : Period of January to March 2020, Progress in Disaster Science, 2020 9 ILO, 18 March 2020, Almost 25 million jobs could be lost worldwide as a result of CODVID-19, says ILO

INMATES ASSIMILATION AND INTEGRATION AS THE SOLUTIONS OF COVID-19 OUTBREAK, LAW AND SOCIETY PERSPECTIVE

By Aldio Fahrezi (Staff of EDD) / July 7, 2020

The condition right now is never predicted before, the Covid-19 pandemic that begin at early January, 2020 at Wuhan China is such a nightmare, either for Government or people. IMF (International Monetary Fund) stated that this condition is worst economic downturn since the great depression in 1929.1 This disease has resulted in a dreadfully large number of human lives being lost and make the world has been put in the great lockdown. This disease is spread rapidly caused by high commute people because happen during a new year ’s holiday and Chinese New Year not only in China but also all around the world.

From economic viewpoint, Global economy is already in recession2 means that many companies were struggled in their cashflow and should take action to do something to save the companies from financial problem and one of them is lay offing workers. Over 1.2 million workers from 74,439 companies in both the formal and informal sectors in Indonesia have either been told to stay home or have been laid off as a result of the pandemic3 Statistics Indonesia data also displays that out of the country’s employees of 133.56 million, 7.05 million are unemployed and more than 55 percent of those employed work in the informal sector, this action surely not good news in economic also in manpower viewpoint. Also, news came from government policy viewpoint that is inmate’ s assimilation and integration the government stated that this policy is important due to low quality of prison, overcrowded also lack of heath facility in prison across Indonesia so it’ s impossible to doing social distancing program to prevent the spread of viruses in prison.

In the social life this situation linked into increased crime rates in several location in Indonesia, society assumed that by releasing the inmate into the community in such anunstable condition is bad government idea, andmade the condition that already uncertainworse than before, the data form Indonesian National Police (POLRI) has collected data that crime rates increased during the Covid-19 pandemic, an increase is around 19 percent from the pre-pandemic period stated by National Police Headquarters Karopenmas, Brigjen. Argo Yuwono.4 These cases include crime, violations, interference and disasters. But most are the discovery of dead body and suicide. This trend is recurring every year during holidays or from Ramadan until Eid.

This happen because of increasing nemeds for Eid motives also vary from fraud, robbery and other things, but this year is quite unique where crime rates is increased far before Ramadan begins some people assumed that this condition begin after government announce for social distancing as stated before that many of them that had been laid off is informal sector like online taxi, and many more and they who had been laid off confused how they find money for eat, and living need but we still cannot link this condition into increase in crime rates since we did not receive strong evidence on this issue. In different location prove otherwise, in Cirebon district, West Java. During the Covid-19 pandemic the crime rate actually declined from the previous period to around 40 percent the rate of decline. This was allegedly due to the successful integration of the National Police and the TNI (Indonesian national army) which persuasively implemented social restrictions or social distancing set by the local district government.

The regulation for assimilation and integration essentially coming from UN High Commissioner for Human Rights (UNHRC) for respond prisoner fate during pandemic in particular developing country such as Indonesia to called on governments to take crucial action to protect the health and safety of inmates and other closed facilities, as part of overall efforts to contain the COVID-19 pandemic. And the high commissioner also urged governments and authorities to work quickly to reduce the number of people in detention, stating several countries have already undertaken some positive actions. Authorities should

observe ways to release those particularly vulnerable to COVID-19, among them older detainees and those who are sick, as well as low-risk offenders.5 And For those in detention, the State has a particular duty to protect inmates, physical and mental health and well-being, as set out by the UN Standard Minimum Rules for the Treatment of Prisoners.6 So, this reason is strong enough for government to drafting policy about term of giving assimilation and integration rights for prisoners and juvenile in the prevention of and distribution of Covid-19 outbreaks at Regulation of the Minister of Justice and Human Rights of the Republic of Indonesia No. 10, 2020 about term of giving assimilation and integration rights for prisoner and children in the prevention and countermeasures of Covid-19 spreads.

At glance inmate’s assimilation means process of nurturing Prisoners and Juvenile by blending Prisoners and Juvenile in the society but essentially assimilation and integration not mean inmates purely to be free man, but rather an institutionalized training program by integrating prisoners with the community which is then interpreted with the prisoner release, in this regulation also stated that not all detention all capable for assimilation and integration program in article 2 Ministry of Law and Human Right Policy No. 10, 2020 detailed who prisoners can be given assimilation are

Have a good behavior proven by not undergo disciplinary action within the last 6 (six) months

active participate in the coaching program well; and

has served ½ (one-half) of the criminal period.

Consequently, not all inmates are capable of assimilation and integration program, since this regulation released the authorities have granted more than 30,000 prisoners and still keep going until Covid19's emergency status was withdrew by the government.7 And the procedures for release the inmates into society is not pimple as expected, before being released inmates should participate in personality and spiritual guidance programs in accordance with their respective religions to increase the faith of inmates and hopefully has a good personality after being released, after that they will be given a medical check-up and the officer will give them instructions also after being released the behavior of ex-prisoner. for prisoners who do not eligible the qualifications to join the integration program the officer still protects from the virus by limiting family visits, switching them online using video calls, also installed handwashing facilities and disinfectant chambers and distributed hand sanitizers to the inmates.

The society wants this policy implement with accordance with existing provisions, concerning the rule for implementation of the rights of inmates mandated in UU No. 12 of 1995 concerning corrections and based on PP No. 32 of 1999 on the terms and Procedures for Citizens Rights Patronage Correctional jo. PP No. 28 of 2006 regarding amendment to PP No. 32 of 1999 on the Terms and Procedures for Citizens Rights Patronage of Corrections and Regulation of the Minister of Justice and Human Rights of the Republic of Indonesia No: M.01.PK.04-10 of 2007 on the Terms and Procedures for Assimilation, Parole, Leave By the Free and Conditional Leaves.8 Also term of giving assimilation and integration rights for prisoners and juvenile in the prevention of and distribution of Covid19 outbreaks at Regulation of the Minister of Justice and Human Rights of the Republic of Indonesia No. 10, 2020 in particulars.

The society also ordered government to provide transparency data due to Covid-19 data such as infected people, people under surveillance, dead people and the person was already tested. so, the society do not think that this pandemic is very bad or even very common disease just give the truth to society so that the society in responding to this situation remains based on reality not overreact and make the situation worsening because of mass panic, because One crucial reason for this problematic pandemic management related to the lack of data transparency and active misinformation about the nature of this pandemic. Recently the government has been trying to portray that COVID-19 issue is a normal situation that largely manageable. The key to maintain this perception is deliberate efforts from the government to filter the information allowed to be presented to the public.9 But this formula is not totally right because it can make society awareness almost no present, and this can endanger the society.

With the brief explanation can concluded that this program is wise enough for government to release partly inmates who eligible into community as answer to protect prisoners’ fate during pandemic. And its relation with increased crime because of this policy is not proven since just 135 Prisoners who were released early in an effort to curb the spread of COVID-19, are back to committing crimes.10 And most of the felonies committed by the detainees were theft, robbery and vehicle theft. Its just under 5 percent as expected before, there remains the also possibility to become a recidivist. Our hope for the government is always show data transparently to the public so that the public is not wrong in analyzing information that can lead to many problems in the future including criminal matter

1 Gita Gopinath, (2020) “The Great Lockdown: Worst Economic Downturn Since the Great Depression”, IMFBlog, Accessed from https://blogs.imf.org/2020/04/14/the-great-lockdown-worsteconomic-downturn-since-the-great-depression/, on June 7, 2020 at 9.05 PM 2 Vijay Kumar, (2020) “Global recession due to pandemic inevitable; but recovery can be fast”, Economic times.Indiatimes Accessed from https://economictimes.indiatimes.com/markets/stocks/news /global-recession-due-to-pandemic-inevitable-but-recovery-can-befast/articleshow/75004890.cms?from=mdr , on June 8, 2020 at 1.11 PM 3 Made Anthny Iswara, (2020) “1.2 million Indonesian workers furloughed, laid off as COVID-19 crushes economy”, TheJakartaPost Accessed from https://www.thejakartapost.com/news/2020/04/09/workerwelfare-at-stake-as-covid-19-wipes-out-incomes.html, on June 7, 2020 at 10.55 PM 4 Muhammad Ahsan Ridhoi, (2020). “Kriminalitas Meningkat Selama Pandemi Corona, Sebanyak Apa?” KataData. Accessed from https://katadata.co.id/berita/2020/04/22/kriminalitasmeningkat-selama-pandemi-corona-sebanyak-apa on June 8, 2020 at 2.29 PM 5 Bachelet, (2020). “Urgent action needed to prevent COVID-19 “rampaging through places of detention”, UNHR accessed from https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx? NewsID=25745&LangID=E on June 7, 2020 at 11.42 PM 6 (2020), “Standard Minimum Rules for the Treatment of Prisoners”, ONHCRC. Accessed from https://www.ohchr.org/EN/ProfessionalInterest/Pages/Treatment OfPrisoners.aspx on june 8, 2020 at 8.49 PM 7 Nur Yasmin (2020, “Indonesia Releases 30,000 Prisoners as Covid19 Cases Double in a Week”, JakartaGlobe Accessed from https://jakartaglobe.id/news/indonesia-releases-30000-prisonersas-covid19-cases-double-in-a-week at 9.04 PM 8 Edy Santoso, Haidan. “The Prisoners’ Rights Protection in Indonesia Law System of Justice”. 2016 Vol 1;64 From http://journal.uinsgd.ac.id/index.php/ijni/article/download/1185/ pdf_69 9 Dairirni, Ibnu Nazir (2020), “Data Transparency and Misinformation of COVID-19 in Indonesia”, Politik.lipi. Accessed from http://www.politik.lipi.go.id/kolom/kolom-2/politiknasional/1365-data-transparency-and-misinformation-of-covid-19in-indonesia at 6.55 PM. 10 Ahmad (2020), “135 early released prisoners have reoffended during pandemic in Indonesia: Police”, The JakartaPost Accessed from https://www.thejakartapost.com/news/2020/05/26/police135-early-released-prisoners-have-reoffended-during-pandemic-inindonesia.html at 9.45 PM

WAR IN YEMEN: INFLICT THE 21st CENTURY HOLODOMOR

By Salisa Intan Fauziah (Staff of EDD) / August 22, 2020

“The clashes are intense. We were sitting very scared in the corner of a room. The kids were terrified and crying. The bullets reached inside our houses. Three of us got injured back there, and the rest of our families is unable to flee.”

Time is running out for the people caught during the ongoing conflict in Yemen. Thousands of people have lost limbs in Yemen since the conflict started in 2015. In fact, reports indicate that an estimated 6,000 people have been left disabled – most as the result of a blast, a mine or sustaining a gunshot.1

In the beg inning, Yemen was facing a rebellious movement by a Shiite militant group called the Houthis since 2004. Shiite minority of Yemen’s Zaidi community consist of 35 percent of Yemen’s total population. Generally, The Zaidi community considered as Shiite, but they are distinct from Shia majority. The Houthi movement were found in late 1990s by the Houthi Family to secure the interests of the Zaidi community as a religious group named Ansar Allah.

The Houthis established a parallel rule in northern part of the country and occupied the capital Sana'a. Due to involvement of regional powers including Iran, UAE and Saudi Arabia, the nature of conflict became sectarian and separatist. Following the Arab uprising in 2011, the roots of recent conflict lies in the failure of political transition between former President Ali Abdullah Saleh and his opposition. The geopolitical situation and support of Iran for the Houthis made the situation in Yemen more complex. Therefore, the Gulf countries particularly Saudi Arabia was concerned because of the strategic and political situation of its fragile neighbor. Since its against the Houthis insurgency, Saudi Arabia has taken a strong position in support of Yemen government. In 2010, the Houthi militants entered in Saudi land and killed two Saudi border security guards. It provoked Saudi reaction which resulted into retaliation and airstrikes. During 2009-2010, there was a conflict happened among the Saudi border forces and the Houthis resulting thousands of Yemeni displaced persons. After the conflict, Saudi Arabia put a big number of soldiers along the southern border near the Houthi’s controlled areas. Moreover, Saudi Arabia also suspended its aid to the Yemen after the Houthis control.

The situation in Sana’a deteriorated in 2014. In March 2015, the situation in Yemen reached to its new phase of violence which led the country into war. The Houthis took control over the presidential palace with help of military units loyal to the former president Saleh.

Saudi Arabia’s claim of Iran’ s involvement are mostly considered as exaggeration to put pressure on its foes. A strategic ties between the Houthis and Iran have been seen in the context of Yemen conflict particularly. However, the support received from Iran is largely based on training and arms shipments.3 The Houthis have also shown a strong support for the Iranian political stance in the region. The Houthis leaders also expressed their fondness for the Irani supreme leader and also for the Hizballah militia which is backed by Iran. Despite of Iranian arms supply and logistic support, there are not much evidence reported in this regard.

Armed conflicts are increasingly fought in population centers, but often with weapon systems that were originally designed for use in open battlefields. When used in populated areas, explosive weapons that have wide-area effects are very likely to have indiscriminate effects. They are a major cause of harm to civilians.4 According to Additional Protocol I Article 51(3), civilians shall enjoy protection against the dangers arising from military operations “unless and for such time as they take a direct part in hostilities”.5 Moreover, according to Rule 6 Customary IHL, civilians are protected against attack, unless and for such time as they take a direct part in hostilities. As stated in fact, there are a lot of civilians that are

affected and there must be some violations that were committed in this war.

In regards to the fact, there were an enormous violations of international humanitarian law particularly in this armed conflict. International humanitarian law is a living body of law. It was developed with militaries for the application on the battlefield to balance military objectives with humanitarian imperatives.7 Regarding this situation, all aspects of daily life have been affected by the war in Yemen. There are more than 2.500 schools have been damaged or destroyed and 2 million children are out of school. According to article 56 of The Hague convention (1899), All seizure of, and destruction, or intentional damage done to such educational institutions should be made the subject of proceedings8. This regulation indirectly stated that the armed conflict which happened in Yemen has already violated the rules of war. Moreover, the fact also stated that there were about 70% of the population does not have access to drinking water, more than 50% of the population does not have access to health care, and more than 80% of the population depends on humanitarian aid.9

They had to walk in the middle of the night for hours crossing areas contaminated by unexploded ordnance, with very limited access to food and water. Some people were seen on top of each other riding pick-up trucks going from one place to another looking for shelter. Newly displaced people have difficulties to find a place to settle down. Several buildings and schools in AlDhalea have become shelters for families who fled the fighting since the beginning of the year. These facilities are overcrowded, full of young men, women, and children who have no source of income. Desks in the classrooms are piled up on top of each other, pushed towards the walls to make room for what would become the home of many of the displaced families. Some classrooms host two to three families (15-25 people).10 Knowing that this situation has already occurred, Yemen is now the scene of the world’s largest humanitarian crisis. Moreover, thousands of people have died from the outbreak of cholera unleashed in Yemen in 2017. More than 80% of Yemen's population lacks food, fuel, drinking water and access to health care services, which makes it particularly vulnerable to diseases that can generally be cured or eradicated elsewhere in the world.11 The health care system has been decimated by years of unrelenting war. Supplies and medical care are scarce as is the access to drinking water and sanitation. Every day, parents across Yemen are forced to make the impossible choice between saving their sick children and feeding their healthy ones. A crisis of this magnitude demands a massive response. In Hodeida, the conflict’s latest epicenter, recent fighting endangered Al Thawra hospital, the city’s largest health facility and one of its few remaining medical centers. Thus, Al Thawra must be protected from attacks. The families’ children are worryingly weakened and thin from a lack of food.

Looking back to 1932, there was a very huge famine that occurred in Ukraine called Holodomor. The origins of Holodomor famine lay in the decision by Soviet leader Joseph Stalin to collectivize agriculture in 1929. Teams of Communist Party agitators forced peasants to relinquish their land, personal property, and sometimes housing to collective farms, and they deported so-called kulaks—wealthier peasants—as well as any peasants who resisted collectivization altogether. Collectivization led to a drop in production, the disorganization of the rural economy, and food shortages. It also sparked a series of peasant rebellions, including armed uprisings, in some parts of Ukraine. The crisis reached its peak in the winter of 1932–1933, when organized groups of police and communist apparatchiks ransacked the homes of peasants and took everything edible, from crops to personal food supplies to pets. This action was occurred because of hunger and fear among the people. Between 1931 and 1934 at least 5 million people perished of hunger all across the U.S.S.R. Among them, according to a study conducted by a team of Ukrainian demographers, were at least 3.9 million Ukrainians. Police archives contain multiple descriptions of instances of cannibalism as well as lawlessness, theft, and lynching. Mass graves were dug across the countryside. Hunger also affected the urban population, though many were able to survive thanks to ration cards. Still, in Ukraine’s largest cities, corpses could be seen on the street.12 In spring 1933 the mortality rate in Ukraine became catastrophic. This incident leads to extermination and had become the

world’s largest famine crisis at that time. This incident greatly shook the world.

Concerning this current crisis in Yemen, if this war will not stopping soon, the war in Yemen will be inflicting the 21st century Holodomor as the effect of the war. Humanitarians in Yemen right now are under fire because over the last four years, ten Yemen Red Crescent Society volunteers and three ICRC staff members were killed while carrying out their duties. More than 160 health structures have been attacked and partly or entirely destroyed.13 According to article 12 of Additional Protocol I, medical units shall be respected and protected at all times and shall not be the object of attack. It is obviously shown that this regulation has already violated in the situation of Yemen war remembering there were humanitarian personnels that being attacked.

The world should listen up to their screams every day as the signal of their suffer. The world should not let this situation getting worse. The world should not let the Yemen war inflicting the 21st century Holodomor. If our helps takes place it will bring much needed comfort to many families, who lost contact or have been separated from their loved ones due to the conflict. It is a step which lies in the hands, authority and discretion of the parties and which is needed now. The laws of war must be respected. States with an influence on the parties also have a responsibility to bring pressure for better respect of international humanitarian law by the parties. Serious and concerted efforts need to be made to find a political resolution to this conflict. If a political solution isn’t found soon, the consequences of the conflict in Yemen will continue to become worse far beyond the initial tragedy of violence – the 21st century Holodomor. They are dying every day and this has to stop.

1 ICRC, The scars of war: Yemen’s disabled, 23 May 2016. https://www.icrc.org/en/document/scars-war-yemens-disabled 2 M. Transfeld, ‘Capturing sanaa: Why the Houthis were Successful in Yemen, Muftah, 27 September 2014. https://muftah.org/houthis-successful-yemen/ 3 Office of the Director for National Intelligence, Testimony Prepared for Hearings on Worldwide Threats, February 2018. 4 ICRC, Explosive weapons in populated area, 14 June 2016. https://www.icrc.org/en/document/explosive-weapons-populatedareas-factsheet 5 Additional Protocol I, Article 51(3), 1977. https://www.icrc.org/en/doc/assets/files/other/icrc_002_0321.pd f 6 Rule 6 Customary IHL, Civilians’ Loss of Protection from Attack. https://ihl-databases.icrc.org/customaryihl/eng/docs/v1_rul_rule6 7 ICRC, Rules in war – A Thing of the past?, quoting from ICRC President Peter Maurer. 10 May 2019. https://www.icrc.org/en/document/speech-icrc-president-ruleswar-thing-past 8 The Hague Convention, Article 56, 1899. https://ihl-databases.icrc.org/customaryihl/eng/docs/v2_rul_rule40 9 ICRC, War in Yemen. 31 May 2019 https://www.icrc.org/en/where-we-work/middle-east/yemen/waryemen 10 ICRC, Yemen: Ongoing fighting in Al Dhaela triggers new wave of displacement. 5 November 2019 https://www.icrc.org/en/document/yemen-ongoing-fighting-aldhaela-province-triggers-new-wave-displacement 11 ICRC, Health crisis in Yemen. 28 May 2019. https://www.icrc.org/en/where-we-work/middleeast/yemen/health-crisis-yemen 12 National Museum of the Holodomor-Genocide site https://holodomormuseum.org.ua/en/the-history-of-theholodomor/ 13 ICRC, Speech by Giller Carbonnier: Women, children, men, are dying every day in Yemen. 26 February 2020. https://www.icrc.org/en/document/women-children-men-aredying-every-day-has-stop