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Activists warn of state repression
Government ‘showing true colors’ in attempt to stifl e criticism: Civil society group.
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H
uman rights activists in Indonesia have faced crippling pressure in recent weeks for speaking truth to power, as the nation’s civic space continues to shrink amid organized efforts to quash dissent and criminalize outspoken critics.
Coming into the final years of President Joko “Jokowi” Widodo’s administration, civil society organizations (CSOs) are increasingly expressing concern for the state of democracy and human rights.
Most recently, they have called on the government to stop criminalizing human rights defenders, after two renowned activists were named suspects in an ongoing defamation case, filed by Luhut Pandjaitan, a figure who wields substantial power within – and outside – the government.
The Jakarta Police named Lokataru Foundation executive director Haris Azhar and Commission for Missing Persons and Victims of Violence (KontraS) coordinator Fatia Maulidiyanti as suspects in its investigation on Friday, nearly six months since Luhut, the Coordinating Maritime Affairs and Investment Minister, filed complaints against statements they made during an online discussion.
Luhut 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 via 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, of which Luhut is a shareholder, is said to have acquired a 30 percent stake in Madinah Qurrata’ain, according to a joint report of CSOs. Luhut denied the claims and took legal action against the two activists.
Fatia and Haris went to the Jakarta Police headquarters on Monday for questioning, accompanied by protesting members of the CSOs.
Fatia told reporters onsite that if she were detained, then “it should be taken as evidence of repression”.
“I’ve accepted it, but really it’s the accountability process that should be placed in focus. We’re well aware of all the consequences and are prepared to reveal our data to the public,” she was quoted by Tempo.co as saying.
Haris previously told a local TV station that the police had kept him unaware of his suspect status for an entire month before publicly revealing it on Friday, and that investigators had not even touched on the content of his discussion with Fatia in their previous line of questioning.
Read also: Overcoming trauma of ‘criminalization’: Is Indonesia muting critical voices?
‘Dangerous’ phenomenon
CSOs have condemned Luhut’s lawsuit and highlighted the “odd” efficiency with which the police had arrived at their decision to name the activists suspects. A lawyer for the minister has called for the case to be brought immediately to trial.
But KontraS argued that Luhut was abusing his power by using the police to criminalize outspoken critics.
“The criminalization of Haris and Fatia is clearly a form of repression against civilians who choose to use their voice. This is clearly a dangerous phenomenon, because it will bring about public fear and silence on a large scale,” the group said in a statement on Monday.
KontraS also claimed there were irregularities in the police investigation, such as their disregard for a joint ministerial decree that stipulates guidelines for interpreting the Electronic Information and Transactions (ITE) Law, as well as a National Police chief circular on using the cyberlaw.
According to the new guidelines, criminal charges for online defamation are only applicable in cases where accusations are found to have carried intent to harm an individual’s reputation, and that it should not apply to statements of opinions and facts.
Meanwhile, the circular instructs investigators to allow restorative justice to take precedence over enforcement of the penal code, which police chief Gen. Listyo Sigit Prabowo has described as a “last resort” in resolving cases put forward under the cyberlaw. Restorative justice is a catchword for noncustodial punishment.
The Jakarta Police have insisted that the investigation was carried out in accordance with prevailing procedures.
Read also: Cyberattacks increasingly frequent, targeting critical groups in 2021: SAFEnet
‘Threatening democracy’
Meanwhile, Institute for Criminal Justice Reform (ICJR) executive director Erasmus Napitupulu told The Jakarta Post that a lawsuit filed by government officials targeting activists or those presenting research findings shows a clear attempt to silence critics and it threatens Indonesian democracy and the research climate.
“We must use this as a reflection that our democracy is not in a good state,” Erasmus said on Monday.
Activists from the National Committee of Agrarian Reform (KNPA) also condemned the criminalization attempt, saying the case exposed the government’s true colors.
“Dissemination of research results should be respected by the government as control of democratic governance,” KNPA secretary-general Dewi Kartika told the press on Sunday, adding that evidence-based criticism should be countered with data.
The latest twist in Luhut’s defamation saga comes just a day after another activist faced severe pressure from masked members of a militia to cease efforts to push for a probe into human rights violations in the Papua region.
Read also: Amnesty continues campaigning for Papuan inclusion despite ‘militia’ protest
On Thursday, hundreds of protesters claiming to be members of Laskar Merah Putih staged a protest at the Amnesty International Indonesia headquarters in Jakarta. Some protesters carried flyers bearing the group executive director Usman Hamid’s photo and called him a traitor, while also demanding that the government expel the international human rights group from the country.
The government has been largely evasive of criticism over its opaque security-based approach to the Papua region, which has suffered for decades from simmering separatist conflict and chronic underdevelopment.
It has also been evasive in its stance on human rights violations, with Jokowi preferring to put the focus on improving the civil rights of indigenous and disabled communities.
