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Luhut’s defamation trial against activists kicks off
A high-profile defamation case pitting a senior minister against two activists kicked off on Monday with protests suggesting that the criminal prosecution risks bolstering government impunity.
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Lokataru director Haris Azhar (second left) and Commission for Missing Persons and Victims of Violence (Kontras) coordinator Fatia Maulidiyanti (second right) respond to questions from journalists after attending a health check at the Jakarta Police's Health and Medical Center in South Jakarta on March 6, 2023. ( Antara/Hafidz Mubarak A)
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rotests at the East Jakarta District Court on Monday marked the start of the trial of human rights activists Haris Azhar and Fatia Maulidiyanti, who stand accused of defaming senior Cabinet minister Luhut Pandjaitan with comments made about his alleged involvement in extractive mining in resource-rich Papua.
Haris, executive director of Lokataru Foundation, and Fatia, coordinator of the Commission for Missing Persons and Victims of Violence (KontraS), arrived at the court at 9:34 a.m., accompanied by their lawyers, as well as a group of protesters suspicious of the motivations behind the prosecution and the merits of the case.
A lawyer for the two activists, Muhamad Isnur, who is also chairman of the Indonesian Legal Aid Foundation (YLBHI), said the legal team would propose to the court that their cases be heard together.
“If the court does not approve, we will send a letter to the court,” he told reporters, as quoted by kompas.com.
Protesters from YLBHI, the Jakarta Legal Aid Institute, Indonesian Corruption Watch, Greenpeace and Amnesty International Indonesia gathered in front of the court in support of the two activists.
They held posters that read, “We have the right to be critical” (Kita berhak kritis!) and “Criticism is correction. Why is it being quashed?” (Kritik itu koreksi kok dihabisi).
Last month, the Jakarta Police named Fatia and Haris suspects in its investigation and submitted a case dossier to the East Jakarta Prosecutor’s Office, nearly six months after Coordinating Maritime Affairs and Investment Minister Luhut Pandjaitan filed complaints over remarks made during an online discussion.
Read also: Defamation case proceeds against two rights activists despite calls for reformLuhut accused Fatia and Haris of defamation, the former for her statement that “Luhut is playing around with mining [operations] in Papua these days” and the latter for distributing the content of these discussions on YouTube.
In their discussion, which both activists say was based on vetted findings, Fatia pointed to Luhut’s links to PT Madinah Qurrata’ain, a permit holder for the Derewo River Gold Project in Papua’s Intan Jaya regency, which lies northwest of the Grasberg and Wabu gold mines. PT Tobacom Del Mandiri, reportedly owned by PT Toba Sejahtera, which Luhut holds shares of, has a 30 percent stake in Madinah Qurrata’ain, according to a joint report of chief sales officers.
Luhut has denied the claims.
Activists have expressed fear that the prosecution could further shrink room for civic discourse in the country. They say the case should not proceed because it does not meet the standards of a joint ministerial decree that stipulates guidelines for interpreting the Electronic Information and Transactions (ITE) Law nor those of the National Police chief circular on the use of the cyber law.
According to the ministerial guidelines, criminal charges for online defamation may only be brought in cases where the accusations carry the intent to harm someone’s reputation. The decree also stipulates that statements of opinion or fact may not be prosecuted.
Meanwhile, the police circular instructs investigators to allow restorative justice to take precedence over criminal penalties, which National Police Chief Gen. Listyo Sigit Prabowo has said should be a “last resort” in resolving cases put forward under the cyber law. Restorative justice is a catchword for noncustodial punishments.
