Indonesia: Activists and critics criminalised, events disrupted and protests suppressed as country holds elections

In Indonesia, civic space remains rated as ‘obstructed’. The authorities in 2023 continued to use restrictive laws including defamation provisions against human rights defenders and intimidated them. Journalists were also targeted with threats and harassment. The authorities also arrested and prosecuted Papuan activists for their peaceful expression while protests by communities in different parts of Indonesia were met with arbitrary arrests and excessive force from the police.

Indonesia was elected by the UN General Assembly on 11th October 2023, in its bid to regain a seat in the UN Human Rights Council for the 2024-2026 term. Activists in Indonesia said its election ‘raised serious questions’ as the country was facing accusations of violating civil liberties including curbing free speech and suppressing dissenters, journalists and activists.

In January 2024, Human Rights Watch said that Indonesia continued to fall short in protecting and promoting basic civil and political rights. The military and police committed abuses with impunity, especially in West Papua, where authorities continued to restrict travel and access by outside media, diplomats and human rights monitors.

Indonesia held its general elections on 14th February 2024 and, at the time of writing, Indonesian Defence Minister Prabowo Subianto has declared victory in the presidential election after unofficial vote counts showed him with a significant lead over his rivals. His vice-presidential candidate is Gibran Rakabuming, the son of current president Joko Widodo (Jokowi). An official result is expected by 20th March 2024 at the latest.

Prabowo, a former military officer, was dishonourably discharged in 1998 for his involvement in the abduction of political opponents of former president Suharto. 13 remain missing to this day but he has never faced trial. He was once banned by the US from entering for two decades due to his human rights record.

In recent months, the authorities have continued to crack down on protests, especially in the Papuan region, while events held at universities around the elections have been disrupted. Political activists in Papua and Maluku have been convicted while a journalist and environmental activist has been criminalised. The amendments to the internet law still fall short of international human rights standards.

Peaceful Assembly

Protesters killed and injured on oil palm plantation in Bangkal

On 7th October 2023, police reportedly shot dead one protester and injured two others in a land dispute between communities and outside investors.

According to Mongabay, residents of the mostly Indigenous Dayak village of Bangkal in Central Kalimantan province have protested since 16th September over the failure of palm oil company PT Hamparan Masawit Bangun Persada (HMBP) to allocate land to them as required by law.

Gijik, 35, was shot in the chest while another protester, Taufik Nurrahman, 21, was shot in the waist and was in a critical condition. A third person, Ambaryanto, 53, was injured in the arm and leg, while police also arrested some 20 villagers.

Police claim the protesters attacked security forces, but video and witness accounts from the ground strongly suggest otherwise.

According to Rainforest Rescue, conflicts over land have become commonplace in Borneo as a result of wholesale deforestation to make way for huge plantations. With the loss of forest and land, local communities are being deprived of their livelihoods. Communities that stand up for their rights can face a brutal response.

Crackdown on Papua protests

The authorities have continued to crack down on peaceful protests in the region of Papua.

On 18th November 2023, Merauke Police police dispersed a peaceful protest and arrested 20 protesters associated with the South Papua People’s Student Alliance (AMPERA PS). The arrests occurred during a peaceful demonstration aimed at extending support to the Awyu indigenous community’s struggle for their ancestral lands against corporate encroachment in the Boven Digoel district.

Tasya Manong, spokesperson for the Alliance of Youth and Students Caring for Forests and Indigenous People’s Rights (AMPERAMADA) Papua, criticised the security forces for dispersing the protest and detaining individuals. He said: “our fellow demonstrators sought a peaceful demonstration, yet they were dispersed and taken into custody.”

The dispersal of the rally and subsequent arrests was also criticised by the Legal Aid Institute of Papua (LBH Papua). According to LBH Papua Director Emanuel Gobay, Ampera PS had notified the Merauke Police about the demonstration in advance, and therefore the police should not have intervened.

On 1st December 2023, the police also repressed gatherings to mark the anniversary of a historic day in Papua. On 1st December 1961, the Morning Star Flag, which many Papuans consider the most important symbol of cultural identity, was first raised and before the region was brought under Indonesian rule following a fraudulent UN-supervised referendum in 1969.

As in past years, commemorations of this historic event occurred this year across many cities in Papua. According to the Human Right Monitor, several peaceful commemorations were dispersed or accompanied by arbitrary arrests and acts of violence against the protesters. In the Indonesian cities of Ternate, Maluku Utara Province, and Denpasar, Bali Province, police and military officers reportedly prevented the protesters from gathering at assembly locations. Moreover, activists reported acts of intimidation and harassment against activists organising peaceful assemblies.

In Kupang, East Nusa Tenggara, dozens of Papuan protesters were attacked by a mob while at least 21 protesters were arrested.

On International Human Rights Day, 10th December 2023, protests in the towns of Timika and Manokwari were met by arbitrary arrests and violence against the protesters. At least 39 protesters were arrested and dozens were ill-treated as police officers cracked down on the protests using water cannon, teargas and batons.

On 24th January 2024, the National Human Rights Commission (Komnas HAM) said that there were continued human rights violations in Papua in 2023 including excessive use of force during protests and use of treason provisions to criminalise activists for their peaceful expression.

Intimidation and attack on university students holding election event

University students holding an event related to the elections at their university in Jakarta were attacked by a group of unknown persons.

According to reports, on 3rd February 2024, students of the Trilogi university in Kalibata, South Jakarta, were holding a discussion about fraud around the elections when a group of 16 individuals stormed into their venue and started intimidating and attacking them. They forced the students out of the venue and at least one student suffered injuries to his head and face.

A commissioner of the national human rights body (Komnas HAM) Pramono Ubaid Tanthowi condemned the intimidation and acts of violence and urged the police to immediately prosecute the perpetrators as well as search for the mastermind behind the attack.

Discussion at Yogyakarta State University arbitrarily blocked

A gathering and dicussion that was planned by the students of Yogyakarta State University (UNY) and other academics was arbitrarily blocked.

According to news reports, the event, which was scheduled to be held on 6th February 2024 around irregularities ahead of the elections, was shut down by the Rector as the committee organising the discussion did not have permission. The organisers said there was also pressure from some lecturers who said they would impose sanctions on students who attended. They were also told to hold the event outside the university.

There were reports that chancellors and lecturers in Indonesian universities were being pressured by police to portray President Joko Widodo in a positive light. Police allegedly asked academics and student groups to issue statements favouring the president ahead of the general elections.

Association

Intimidation of human rights groups around elections

Two human rights organisations faced intimidation for their human rights work leading up to the 14th February elections.

On 5th February 2024, at least 50 individuals belonging to the ‘East Indonesian Student Youth Community Forum of the Love for the Motherland of the Republic of Indonesia’ (Forum Masyarakat Pemuda Mahasiswa Indonesia Timur Cinta NKRI) held a protest outside the office of prominent human rights organisation - the Commission for the Disappeared and Victims of Violence (Kontras) - to intimidate the activists.

Kontras has been monitoring the election campaigns and highlighting concerns about the human rights record of candidates. On 3rd February, they held a book launch related to the abduction of activists in 1998 that allegedly involved presidential candidate Prabowo Subianto. Prabowo ran in the presidential elections with President Jokowi’s son Gibran Rakabuming as the vice-presidential candidate.

Two days later, on 7th February 2024, further protests were held by about 100 individuals from the same group, outside the office of both Kontras and the Indonesian Legal Aid Foundation (YLBHI), a legal network. The group accused Kontras and YLBHI of being ‘provocators’ calling for the impeachment of President Joko Widodo (Jokowi). There has been a petition calling for his impeachment because of his constant interventions in the elections. YLBHI has also raised concerns about election abuses by the Jokowi administration.

Civil society groups have raised concerns in recent weeks around Jokowi’s perceived political interference and lack of neutrality as well as the use of state apparatus and social assistance (bansos) funds in a bid to support his son.

Political activists found guilty and jailed

Two political activists from the West Papua National Committee (KNPB) were jailed in February 2024. KNPB is a movement promoting the right to self-determination through peaceful action and is one of the most frequently targeted groups in Papua.

On 1st February 2024, the Jayapura District Court ruled on the case of KNPB Chairman, Agus Kossay, and KNPB Numbay Secretary, Benny Murip, finding them guilty of incitement and the persecution of Mr Ones Kobak on 18th August 2023. Kossay received a sentence of one year in prison for incitement under Article 160 of the Indonesian Criminal Code (KUHP), while Murip was sentenced to 10 months for maltreatment. Uniformed and plainclothes police officers closely monitored the court session.

As previously documented, on 2nd September 2023, police officers detained Agus Kossay, Benny Murip and two other activists. The four activists were subsequently detained and interrogated at the Jayapura District Police Station in Doyo Baru. Police officers then charged Kossay and Murip.

Political activist convicted in Maluku for flying a flag

In December 2023, a Malukan political activist was convicted of treason for peacefully flying the banned ‘Benang Raja’ flag linked to a now defunct separatist movement.

Antonius Latumutuany, a farmer from Tehoru sub-district in Central Maluku, was detained on 18th March 2023 for flying the flag in protest against the authorities for placing a border post on land belonging to his community.

While the Republic of South Maluku (RMS), an armed pro-independence rebellion, officially ended in Maluku in 1966, some political activists continue to raise the ‘Benang Raja’ flag there as a peaceful political act of protest against the central government. Human rights groups have documented dozens of arrests in past years of political activists who have peacefully called for independence, particularly in areas where there has been a history of pro-independence movements such as Maluku and Papua.

Expression

Journalist investigated for questioning police lack of neutrality

In December 2023, journalist Aiman Witjaksono, who was also the spokesperson for presidential candidate Ganjar Pranowo, was summoned by the Jakarta Metropolitan Police for alleged defamation. The summons was in relation to a statement made by Witjaksono that alleged partiality and lack of neutrality among certain members of the Indonesian National Police ahead of the 2024 general elections.

On 27th January 2024, he was called in for questioning again. According to the police, this time he was being investigated under Articles 14 and 15 of Law No. 1 of 1946 on the ‘spreading of false news’ that could cause ‘public unrest’. His mobile phone was also confiscated by the police.

On 30th January, the Institute for Criminal Justice Reform (ICJR) called on the authorities to halt the investigation into Aiman Witjaksono as there was no legal basis to undertake such an action.

Prosecution of environmental activist

In January 2024, environmental activist Daniel Tangkilisan was detained under the draconian Electronic Information and Transactions (ITE) law for allegedly spreading hate speech on social media.

According to reports, since 2016, Daniel and his colleagues have been raising concerns about the existence of illegal shrimp farms that are rampant on the island of Karimunjawa that have impacted on the environment and caused pollution. Because of his work, he was arrested by the Jepara Police, initially in December 2023 and then again in January 2024. He has been charged under Article 28(2) of the ITE Law, which criminalises hate speech. His first hearing was on 1st February 2024.

The ITE Law has been systematically used to prosecute online defamation. The vague and overly broad provisions in the law have been used to arrest, harass, prosecute and punish people for peacefully exercising their freedom of speech, including activists and journalists.

Human rights defenders acquitted

Prominent human rights defenders Fatia Maulidiyanti and Haris Azhar, who were prosecuted for defamation, were acquitted by the East Jakarta District Court in January 2024.

The defamation charges were in response to a YouTube talk show discussing a civil society investigative report alleging links of Indonesian Coordinating Minister for Maritime Affairs and Investment and several other authorities to gold mining activities in the Blok Wabu area in the Intan Jaya district of Papua. In August 2021, Minister Luhut Binsar Pandjaitan filed a police report against Fatia and Haris.

Fatia is the former coordinator of the Commission for the Disappeared and Victims of Violence (Kontras) and Haris is the Executive Director of the Lokataru Foundation. Both are human rights organisations.

In March 2022, after multiple rounds of questioning, the Jakarta Police formally indicted Fatia and Haris as suspects in the defamation case under Article 27(3) in conjunction with Article 45 of the Electronic Information and Transaction Law (EIT Law) and Article 310(1) and 311 of the Penal Code.

They had to face at least 31 hearings. On 8th January 2024, the East Jakarta District Court found that their actions did not amount to defamation and acquitted them of all charges.

Internet law remains restrictive despite new revisions

Indonesia’s parliament amended the Electronic Information and Transactions Law (ITE law) on 5th December 2023 amid the concerns raised by media and civil society groups that it was done without proper public consultation and that the revisions did not reflect the demand to remove the law's repressive provisions.

Enacted in 2008 under Law Number 11, during the administration of President Susilo Bambang Yudhoyono, the ITE Law aimed to address the evolving legal landscape in Indonesia’s digital sphere. Despite subsequent updates in 2016 under President Joko Widodo, the draconian elements of the ITE Law persist untouched. Articles related to defamation and hate speech have been routinely used by state actors to silence critics, journalists and human rights defenders.

The amendments narrow the legal definition of defamation, halve maximum sentences from four to two years, and charges require a higher burden of proof.

However, according to the International Commission of Jurists (ICJ), the revised ITE Law retains the overbroad and vague provisions criminalsing “contents that violate propriety” (article 27(1)); criminal defamation (article 27A); and “content that incites, persuades or influences” others or that “causes feelings of hatred or hostility” based on protected characteristics (article 28(2)). A violation of these offences may result in imprisonment and criminal fines if convicted (articles 45 and 45A).

Additionally, the revised law incorporates a new provision that imposes criminal liability for intentionally disseminating content that a person “knew contained false statements that cause public unrest” (article 28(3)), which may result in imprisonment if convicted (article 45A(3)).

Prior to the bill’s approval, the Alliance of Independent Journalists (AJI) Indonesia launched a petition and a joint statement alongside a global coalition of over 66 civil society organisations and trade unions, which called on Indonesia’s legislature and government to delay the final draft process of the amendment, engage in thorough and transparent dialogues with stakeholders, and to uphold democracy by desisting from the reckless or rushed ascensions of law to parliament.

AJI said: “We regret that the Indonesian Parliament has passed the amendment to the ITE Law, which contains problematic articles that undermine freedom of expression and freedom of the press.”