Teguh Firmansyah, Jakarta — Lokataru Foundation for Human Rights Executive Director Haris Azhar and former Commission for Missing Persons and Victims of Violence (Kontras) Coordinator Fatia Maulidiyanti have spoken out after being found not guilty in a defamation case brought against them by Coordinating Minister for Maritime Affairs and Investment Luhut Binsar Pandjaitan.
As a result of the court’s verdict, Azhar and Maulidiyanti have escaped long prison sentences.
Azhar specifically expressed his appreciation for the work of their lawyers saying he felt they were able to be acquitted thanks to the help of the legal team throughout the trial.
“They worked with knowledge, with skill, dedication, energy and an extraordinary amount of time … once again I say the team of lawyers worked ceaselessly, [they were] exceptional”, Azhar told reporters after the verdict was read out at the East Jakarta District Court on Monday January 8.
Haris views their acquittal as being inseparable from the role played by public support and is convicted this support was their strength in the trial.
“This was a social movement that was manifested very very well in the courtroom. This is what we call court activism that sides with human rights and the environment”, said Azhar.
Maulidiyanti meanwhile also praised the legal team for the dedication provided during the legal proceedings but warned that the verdict is not the end, but part of a democratic journey in Indonesia.
“Our acquittal is not the end of a long journey of democracy in Indonesia, which I think must still need consistency”, she said.
Maulidiyanti also said she hopes that the case which ensnared them can be a lesson for other activists. She hopes that this unceasing public support not be just for them, but for all human rights defenders and wants the sense of solidarity that flowed throughout their trial to be maintained for the sake of upholding human rights.
“To all social movements that are out there now that have made such a great effort, always stand in solidarity and I hope that this solidarity does not just stop with both of us but also in many other moments for democratic independence, human rights, justice, and an environment that is clean and healthy and also anti-corruption”, said Maulidiyanti.
Previously, the prosecution had demanded a sentence of four years in prison and a fine of 1 million rupiah or an additional six months in prison for Azhar and 3 years six months in prison and a fine of 500 thousand rupiah or an additional for three months in prison for Maulidiyanti.
In the prosecution’s view, the pair were proven legally and convincingly guilty of defamation as regulated by Article 27 Paragraph 3 in conjunction with Article 45 Paragraph 3 of the Information and Electronic Transaction (ITE) Law in conjunction with Article 55 Paragraph 1 of the 1st Criminal Code (KUHP).
But the panel of judges considered that the charges against Azhar and Maulidiyanti did not fulfilling the legal elements necessary for a conviction and acquitted both of them.
The case began with a discussion between Azhar and Maulidiyanti in a video uploaded on Azhar’s YouTube account titled “There is Lord Luhut behind the Economic Relations-Military Operations in Intan Jaya!! There are also State Intelligence Agency Generals!! NgeHAMtam”.
[Translated by James Balowski. The original title of the article was “Ini Respons Haris dan Fatia Seusai Divonis Bebas”.]
This article is from The Conversation and was published 9/1/24 The author is Tim Mann, Association Director , Centre for Indonesian Law, Islam and Society University of Melbourne
Two former coordinators of one of Indonesia’s most prominent human rights organisations have escaped conviction in a defamation case brought by a powerful government minister. While their astonishing acquittal is welcome, the case marked a bleak new low for freedom of expression in one of the world’s largest democracies.
Haris Azhar and Fatia Maulidiyanti, who had coordinated the Commission for the Disappeared and Victims of Violence (KontraS), were accused of defamation by Coordinating Minister for Maritime Affairs and Investment, Luhut Binsar Pandjaitan.
Luhut’s statements made it clear the case was expressly intended to create a chilling effect and smother civil society criticism of the government.
So what is the case about, and why is it so important?
Make better decisions – find out what the experts think.
The case related to a 2021 YouTube video in which Haris and Fatia discussed a report published jointly by a group of Indonesian civil society organisations. In the video, the pair mentioned that Luhut was “implicated” or “involved” (bermain) in mining in Wabu Block, in the Intan Jaya district of what is now Central Papua Province.
The details are a bit complicated, but a key part of the dispute centred on this point about mining.
In 2016, Australian mining firm West Wits Mining reported to the Australian Stock Exchange (ASX) that its Indonesian subsidiary Madinah Quarataa’in had entered into an agreement with another company, Tobacom Del Mandiri. They wanted to develop the Derewo River Gold Project in Intan Jaya.
Tobacom Del Mandiri is owned by another major Indonesian firm, Toba Sejahtra. Luhut has acknowledged he holds 99% of shares in Toba Sejahtra.
Representatives from both Indonesian companies have since said the partnership did not go ahead. But given his stock portfolio, the activists had a relatively firm basis for implying Luhut was “involved” in mining in Papua.
Luhut objected to this.
He also objected to Haris and Fatia referring to him as a “villain” (penjahat) and “Lord Luhut”, a favourite moniker of Indonesians online. He got the nickname because President Joko “Jokowi” Widodo has entrusted him to oversee a seemingly endless list of strategic projects.
Haris and Fatia were charged with defamation under the Law on Electronic Information and Transactions (commonly known as the ITE law). Unlike in Australia, defamation is a criminal offence in Indonesia. They also faced secondary fake news charges and defamation charges under the Criminal Code.
Under Jokowi, there has been a dramatic escalation in abuse of the Electronic Information and Transactions Law to target activists, human rights defenders, journalists, and ordinary citizens.
According to Indonesian digital rights organisation SAFEnet, 89 people were reported under the law between January and October 2023.
Public anger over the arbitrary way the law has been applied led the government to publish guidelines for law enforcers on its implementation.
According to the guidelines, defamation charges should not be brought when assertions are based on analysis, opinion or facts.
Luhut reported Haris and Fatia to police just three months after these guidelines were published.
Indonesian government minister Luhut Binsar Pandjaitan has alleged he was defamed by two activists. Adi Weda/EPA
The trial ran from April 2023 through to January 8 2024. During the trial, Luhut complained that being called names was “deeply hurtful”.
Delivering the court’s decision, Judge Muhammad Djohan Arifin said the YouTube conversation between Haris and Fatia constituted opinion and analysis of a civil society study and their use of the word “lord” was not defamatory.
Luhut claimed he reported the activists to defend his reputation. Other statements he made during the trial left no doubt as to his real motivations.
Luhut said he wants the case to serve as a “lesson”.
The prosecution concluded its sentencing demand with a quote from a minor politician, Teddy Gusnaidi, stating:
If using the label ‘activist’ means you are immune from prosecution, criminals will form NGOs (non-government organisations) to avoid consequences for their crimes.
Luhut also claimed that he wanted to conduct an “audit” of all non-government organisations in Indonesia to determine where they get their funding.
This is disingenuous.
Indonesian civil society organisations already need government approval to receive donor funds, and most openly publish their list of donors in their public annual reports.
The government also regularly subjects foreign donors to interrogation from everyone from police to intelligence agencies, about their planned activities.
Increasingly authoritarian tactics
Appealing to nationalistic sensibilities and raising questions about civil society organisations like this is a classic technique of authoritarian governments. It undermines organisations critical of government and redirects focus from the issues at hand.
Legal attacks like the one against Haris and Fatia are designed to wear civil society down. Fronting up in court every week is time consuming, emotionally draining, and takes activists away from their work.
Further, the use of judicial harassment to target activists, in contrast to cruder tactics such as cyberattacks or physical violence, is designed to lend an air of legitimacy to government repression.
Luhut has made it clear that the goal of the case against Haris and Fatia is to silence dissent. He appears to be succeeding.
There is already evidence that abuse of the Electronic Information and Transactions Law is having a chilling effect in Indonesian society, with a 2022 survey finding 62.9% of Indonesians were afraid of openly expressing their opinions.
Indonesian pro-democracy groups have long been willing to speak out against the state, even under the most challenging conditions. Yet repeated charges and arrests will eventually result in self-censorship and behavioural change.
In the face of mounting pressure, the government finally passed a revised version of the law on December 5 2023.
Activists have complained that, like other regressive laws enacted in Indonesia over recent years, deliberations on the revision were conducted largely behind closed doors.
The revised law does include some improvements, including that statements made in the public interest or to defend oneself cannot be prosecuted. The maximum sentence for defamation has also been decreased to two years, yet it remains longer than provisions on defamation in the new Criminal Code, which will come into force in 2026.
Activists have argued for a complete dropping of criminal charges for online defamation. Given they have proven such an effective tool for smothering dissent, there was never any chance legislators were going to simply give up this weapon.
Haris and Fatia may be the highest profile Indonesians charged under the Electronic Information and Transactions Law, but they will not be the last.
Erdy Nasrul, Jakarta — Amnesty International Indonesia Executive Director Usman Hamid is monitoring a case of alleged intimidation by security forces against University of Indonesia Student Executive Council (BEM UI) Chairperson Melki Sedek Huang.
Hamid feels that this kinds of thing should not happen in a democratic country and has condemned the intimidation directed at Huang along with this parents and teachers.
“We know Melki as a student who articulates his views on state policy.
He is critical of the Constitutional Court’s decision on the age limit for presidential and vice presidential candidates. This is Melki’s constitutional right”, Hamid told reporters on Friday October 10.
Hamid emphasised that intimidation against citizens who criticise the state is a serious threat to freedom of expression and warned that this adds to the list of cases of threats to civil liberties in Indonesia.
“Everyone has the right to state their thoughts without being afraid of threats and punishment”, said Hamid.
Hamid is therefore urging the authorities to investigate the intimidation against Huang, his family and teachers, as well as fellow students, which was allegedly carried out by state security forces.
Hamid is asking that the perpetrators be prosecuted through a fair and transparent legal process.
“The state is obliged to prevent intimidation against individuals who express their thoughts peacefully. The state must also ensure that the duties of the security apparatus are to provide guidance, service and protection. Not suppress criticism”, said Hamid.
Earlier on Tuesday November 7, Huang claimed that he had been intimidated directly and through his parents and teachers in Pontianak, West Kalimantan.
“My mother was visited by security personnel at home. Officers from the TNI [Indonesian military] and the Polri [national police] asked my mother, ‘When does Melki usually come home? What are Melki’s activities at home'”, said Melki in a video recording obtained by Amnesty International on Wednesday November 8.
Melki also claimed that he had received threats since becoming the BEM UI chairperson in early 2023. The threats increased leading up to and after demonstrations rejecting the Constitutional Court’s decision on the age limit for presidential and vice presidential candidates on October 16 2023.
Amnesty International data as of October 2023 has recorded that since the beginning of this year there has been at least 78 cases of physical attacks against human rights defenders with at least 226 victims. These attacks include intimidation and physical attacks, being reported to the police, attempted murder, criminalisation, arrest and attacks against human rights institutions.
[Translated by James Balowski. The original title of the article was
“Amnesty: Usut Intimidasi terhadap Ketua BEM UI”.]
The General Assembly today elected 15 Member States to the Human Rights Council, the United Nations body responsible for promoting and protecting all human rights around the globe.
By secret ballot, the Assembly elected Albania, Brazil, Bulgaria, Burundi, China, Côte d’Ivoire, Cuba, Dominican Republic, France, Ghana, Indonesia, Japan, Kuwait, Malawi and the Netherlands. All 15 members will serve three-year terms beginning on 1 January 2024.
China, Côte d’Ivoire, Cuba, France, Malawi are currently serving three year terms set to expire on 31 December 2023. The other 10 newly elected States will replace the following outgoing members: Bolivia, Czech Republic, Gabon, Mexico, Nepal, Pakistan, Senegal, Ukraine, United Kingdom and Uzbekistan.
The 15 new members were elected according to the following pattern: four seats for the African States; four seats for the Asia-Pacific States; two seats for the Eastern European States; three seats for the Latin American and Caribbean States; and two seats for Western European and other States.
Dennis Francis (Trinidad and Tobago), President of the General Assembly, announced that the following States will continue as members of the Council: Algeria, Argentina, Bangladesh, Belgium, Benin, Cameroon, Chile, Costa Rica, Eritrea, Finland, Gambia, Georgia, Germany, Honduras, India, Kazakhstan, Kyrgyzstan, Lithuania, Luxembourg, Malaysia, Maldives, Montenegro, Morocco, Paraguay, Qatar, Romania, Somalia, South Africa, Sudan, United Arab Emirates, United States and Viet Nam.
Created by the General Assembly in March 2006 as the principal United Nations entity dealing with human rights, the Human Rights Council comprises 47 elected Member States. On the basis of equitable geographical distribution, Council seats are allocated to the five regional groups as follows: African States, 13 seats; Asia-Pacific States, 13 seats; Eastern European States, 6 seats; Latin American and Caribbean States, 8 seats; and Western European and other States, 7 seats.
The Assembly President opened the meeting by expressing his deep concern over the deteriorating security situation in the Middle East that has left hundreds dead and scores more wounded in Israel and in the State of Palestine. He called for an immediate cessation of violence and for all stakeholders to help de-escalate the situation and to render humanitarian aid and support.
Australia West Papua Association Adelaide 