Page 158 - Demo
P. 158


                                    Islam, Democracy and Human Rights in Contemporary Indonesia141session in the Legislation Body (Badan Legislasi) of the Houseof Representatives (DPR RI)%u2014attended by representatives ofboth the Government and DPR RI%u2014the Government proposedan additional provision allowing prevention (travel bans) to beimposed for more than one (1) year (i.e., more than six monthsplus another six months of extension), particularly for statedebtor.However, this proposal was mutually agreed not to beincluded in the amendment.Consequently, in the third amendment to the ImmigrationLaw, Article 97 paragraph (1) stipulates the limitation periodfor travel prevention, namely:%u201cThe period of prevention shall be valid for a maximum of sixmonths and may be extended for a maximum of six months.%u201dThis provision aligns with the Constitutional Court%u2019s ruling,ensuring human rights protection and legal certainty.Based on these considerations, the Expert Witnessrecommends that the Supreme Court declare Article 47 ofGovernment Regulation No. 28 of 2022 invalid and withoutbinding legal force, as it violates the principles of the rule of lawand human rights protection.To reinforce this recommendation, the following threeaspects are presented: The provisions of international humanrights instruments; Experiences from various countries that haveused their immigration laws as political tools to prevent orblacklist individuals or groups deemed to threaten the interestsof the ruling regime. A reflection on the lifelong ban imposedon Galileo Galilei by the Inquisition authorities of the Church.
                                
   152   153   154   155   156   157   158   159   160   161   162