While President Joko “Jokowi” Widodo’s second term has already been widely marked by shrinking space for civil liberties, activists said the recent string of civil and criminal lawsuits targeting human rights defenders and antigraft activists was a new low.

Civil and criminal lawsuits

On Sept. 22, Coordinating Maritime Affairs and Investment Minister Luhut Binsar Pandjaitan reported Lokataru Foundation executive director Haris Azhar and Commission for Missing Persons and Victims of Violence (Kontras) coordinator Fatia Maulidiyanti to the police for their statements in a video featured on Haris’ YouTube Channel.

Luhut, a former Army general, accused the two human rights activists of online defamation by broadcasting the video, in which they discussed allegations that the business interests of several high-ranking officials, including Luhut, had contributed to the increasing military activities in Intan Jaya, Papua. The allegations were based on a report titled "Ekonomi-Politik Penempatan Militer di Papua: Kasus Intan Jaya" (The Political Economy of Military Deployment in Papua: The Intan Jaya Case), which was released by a coalition of CSOs.

He also filed an Rp100 billion (US$7 million) civil lawsuit against the two activists, claiming he would donate the money to Papuans if he won the case.

The senior minister particularly objected to the use of the word bermain (toying/playing) by Fatia when she argued that “Luhut is playing around with the mining [operations] in Papua these days", after claiming that he was linked to PT Madinah Qurrata'ain, the holder of the Derewo River Gold Project permit in Intan Jaya, located along the Derewo fault zone, northwest of Grasberg and Wabu.

PT Tobacom Del Mandiri, reportedly owned by PT Toba Sejahtera, of which Luhut is a shareholder, is said to have acquired a 30 percent stake in PT Madinah Qurrata'ain, according to the report. Luhut’s legal team, however, denied the claims.

The legal actions were taken after two attempts by Luhut’s side to demand a public explanation and an apology from Haris and Fatia went unanswered.

“Let me remind the public that there is no such thing as absolute freedom. Everything has consequences. I have the right to defend my rights. I have asked them to present evidence [for the allegations] and there was none,” Luhut said.

"This is a lesson for us all. Many people have advised me not to do this, but I said 'no'. I want to show the public, so those who feel that they are public figures must refrain from making irresponsible statements."

Luhut is not the only state official pressing charges against their critics.

On Aug. 20, Presidential Office Chief of Staff Moeldoko made similar legal threats against Indonesia Corruption Watch (ICW) activists Egi Primayogha and Miftachul Choir over an ICW report accusing Moeldoko of engaging in rent-seeking practices in the distribution of ivermectin, a parasite medication for livestock that has been touted as a way to treat COVID-19 — despite studies proving otherwise.

The former Indonesian Military (TNI) commander, who has denied the accusations, filed defamation complaints with the police on Sept. 10.

Growing climate of fear

Nurkholis Hidayat, a legal representative for Haris, said his client would not apologize to Luhut, insisting that the claims he and Fatia made on his YouTube Channel had not been addressed by the minister.

“If he made a mistake, he will apologize, but if he is innocent, he will defend the truth whatever the risks, including these lawsuits,” he said.

Fellow activists are standing behind Haris and Fatia.

Amnesty International Indonesia (AII) executive director Usman Hamid said it was unethical for state officials to sue citizens.

"The government's predilection to respond to criticism with criminal prosecution runs counter to the many remarks made by President Jokowi and other officials about their commitment to guaranteeing people's freedom of speech," he added.

This year alone, Amnesty has recorded at least 102 cases of attacks on human rights defenders, with 272 victims and 62 cases of free speech violations in which 58 people have been formally charged with online defamation for expressing their opinions.  

“These lawsuits will only worsen the climate of fear and people will be more reluctant to provide input to the government, let alone express criticism,” Usman said.

A 2020 survey by pollster Indikator Politik Indonesia found that 69.6 percent of respondents said they felt more afraid than in the past to publicly voice their opinions on current issues, while 73.8 percent of respondents found it more difficult to hold public rallies and demonstrations. The survey, conducted between Sept. 24 and 30 last year involving 1,200 people across Indonesia, also found that 36 percent of respondents said they believed Indonesia had become “less democratic”.

Asfinawati, chairman of the Indonesian Legal Aid Foundation (YLBHI), said public officials should be fair game for criticism.“If they cannot be criticized, there will be no public monitoring of the government's conducts. Democracy would not exist without [public involvement in policymaking],” she said.

Southeast Asia Freedom of Expression Network (SAFEnet) executive director Damar Juniarto said public officials should not weaponize the Electronic Information and Transactions (ITE) Law to silence critics.

“These lawsuits [against activists] are a disgrace because they negate the government's hard work to reduce cases involving the ITE Law," he said. (ahw)

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