Just as technology,culture and language is different in the two countries Australia and Indonesia , the legal systems are also majorly in contrast of each other as well. Its usually though that eastern countries, such as Indonesia, mostly don’t uphold their peoples rights, however it is much different in western countries such as Australia. Human rights are adequately protected and promoted in Australia but unfortunately, human rights are nowhere enough respected and protected in Indonesia. The major factors to why Australia uphold human rights and Indonesia doesn’t, are Death penalty, Jail conditions and Advertorial and Inquisitorial systems in both countries. This analysis is going to focus on the these factors and argue why Indonesia doesn’t protect human rights and why Australia does.
One of the major reason to why Indonesia doesn’t uphold people’s right,but Australia does, is the existence of Death Penalty. Indonesia has been executing hundreds of people in the last decades mainly due to drug traffic, murder and terrorism. “Under international law, the death penalty is regarded as an extreme form of punishment which, if it is used at all, should only be imposed for the most serious crimes, that is, those involving intentional killing, and only after a fair trial, among other safeguards. “However, despite, several appeals by UN human rights experts and civil society organizations urging the Indonesian Government to reconsider imposing the death penalty,Indonesia doesn’t respectively follow these rules.Australia, although, doesn’t follow, Indonesia’ lead in this matter and doesn’t have a death penalty. This oceanian country has formally abolished capital punishment. It was last used in 1967, when Ronald Ryan was hanged in Victoria. Ryan was the last of 126 people executed in the 20th century in Australia. Due to this fact, the difference between the legal systems of the two country is crystal clear.Indonesia doesn’t uphold peoples right because it doesn’t follow the UN’s Article 3 which states” Everyone has the right to life, liberty and security of person”, nevertheless Australia is one of the 193 countries that respect the National Union and support its citizens’ rights.The Death Penalty is the ultimate denial of human rights. It is a cruel and inhumane punishment that cannot be justified by any crime, method, or purpose.
Jail conditions is an additional reason that points out the difference of the legal system and endorsing peoples rights in both, Australia and Indonesia. Prisons in Australia and most of the western countries have a potentially high security system and guards. Indonesia,however, doesn’t include much of a high security system and the jail conditions pretty much in contrast to the Australian system. For example the hygiene system in Indonesia is pretty low and doesn’t meet the standards. The Standard Minimum Rules require adequate and clean sanitary installations, and adequate bathing and shower installations. However Indonesian prisons are extremely different and nowhere near the standards. Some cell blocks have outside latrines with buckets or plastic bags inside the cells for use when prisoners are locked up. Others, particularly the larger cells, have one hole in the floor shared by as many as thirty inmates. Physical abuse is another integral part of the Indonesian prison system. In general, the worst reports of physical abuse relate to people held in detention by the police and the military, although there seems to be a
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