A video that went viral on social media shows Khofifah and Emil attending a reception on May 19 at the governor’s official residence in Surabaya. The party was reportedly to celebrate the birthdays of the governor and deputy governor, which fall on May 19 and 20, respectively.

In the video, Khofifah greets dozens of attendees while live music is performed.

Lawyer and Gerindra Party politician M. Sholeh filed a report with the East Java Police on Wednesday, accusing the governor of violating Article 93 of the 2018 Health Quarantine Law, which requires people to adhere to health quarantine provisions during a public health emergency.

“This is not only about the violation of health protocols but also about morality and ethics. When people cannot go on mudik [exodus] for Idul Fitri and many are losing their livelihoods, it’s not appropriate for a governor to hold a birthday party,” Sholeh said after filing the report on Monday.

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He added that Home Minister Tito Karnavian had issued a circular barring public officials from holding public gatherings during Ramadan and Idul Fitri. The birthday party for Khofifah and Emil took place on May 19, one week after Idul Fitri.

“We should question if the governor was adhering to the home minister’s circular. We see [the birthday party] as disobedience, so there’s a legal and ethical issue,” Sholeh said.

He also urged the police to follow up on the report as the alleged health protocol violations had been committed by a public official.

“If security forces let this slip, we are concerned about the possibility of social disobedience by the people.”

Prior to Sholeh’s report, at least two local activists had filed similar complaints with the police. Activist Roni Agustinus said he had filed a report regarding alleged payments pertaining to the birthday party.

East Java Police spokesman Sr. Comr. Gatot Repli Handoko confirmed that the police had accepted the reports. “We will follow up and look more closely into the reports,” he said.

Khofifah posted an apology and clarification on Sunday on the provincial administration’s Instagram account @jatimpemprov. She apologized for the party, which she claimed was held without her knowledge or authorization.

Khofifah also claimed that information pertaining to the party had been “distorted” and was “not objective”.

“I apologize if the video [appeared to show] that we did not adhere to the health protocols, which is not true at all,” she wrote in the post.

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Indonesian internet users responded negatively to her statement, with some contrasting the police’s response to Khofifah’s party with their response to alleged health protocol violations committed by Islam Defenders Front (FPI) leader Rizieq Shihab.

The police quickly investigated the hardline Muslim cleric for allegedly breaching protocols in several mass gatherings after his return last year from self-imposed exile.

On Thursday, the East Jakarta District Court sentenced Rizieq to eight months in prison for violating the Health Quarantine Law during these events, including his daughter’s wedding in Central Jakarta, which was attended by thousands. The court also fined him Rp 20 million (US$14,000) for an event held at an Islamic boarding school in West Java.