ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-007-2020
August 18, 2020
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INDONESIA: The National University must stop criminalization and oppression against their students.
ISSUES:
Freedom of Expression, Freedom of Assembly and Association, fabricated cases, inhumane and mal-treatment, legal aid, academic freedom.
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Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from the Jakarta Legal Aid (LBH Jakarta) regarding the National University (Universitas Nasional). It has criminalized and oppressed students who demanded tuition fee reduction during the Covid-19 Pandemic. The University ignored the voices of the students. On the contrary, the University carried out the following three specific actions: imposed academic sanctions, attacked and forcibly dispersed a peaceful public protest and criminalized the students, alleging defamation of the University.
CASE NARRATIVE:
From May 16, 2020, students of the National University (Universitas Nasional) organized peaceful, public protests demanding the University reduce tuition fees due to the Covid-19 Pandemic.
Responding to the initial demand, the University had reduced the tuition fees to the amount of IDR 100,000 (one hundred thousand Rupiahs). They based their action upon Decision Letter No. 52 of 2020 concerning reduction of tuition fees.
However, the deduction of tuition fees does not apply to all students equally and is not clearly understood.
The students protested that the deduction must be higher than IDR 100,000 because study is conducted online. Subsequently, the students established a student alliance group called UNAS Gawat Darurat (National University under emergency). They published, through the social media, a written demand regarding the deduction of tuition fees.
Between 10 and 12 June 2020, approximately thirty-one students were summoned by the University Disciplinary Commission on the allegation of violation of campus rules by defamation. Afterwards, responding to the summons, the student alliance organized a series of peaceful, public protests in the front yard of the University. The students have submitted several letters of request, including one for a formal meeting. However, the University gave no response to any of the letters. On the contrary, the students’ organized, peaceful protests frequently experienced intimidation and attacks by the University’s security officers and Police Officers.
In early July 2020, the University issued academic sanctions on six students. It amounted to permanent termination (Drop Out) for three students and temporary termination (suspension) for the other three students. Concomitantly, the University also put out a letter of Warning to fifteen students who took part in the peaceful, public protests. The University claimed that the basis for the imposition of sanctions was this: students are considered to have defamed the reputation of the Campus when delivering demands for tuition reduction.
Progressively, on July 14, 2020, the student alliance organized a peaceful, public protest in the front yard of the University. The protest started at 03.30 pm with some 13 students taking part in the protest. They wanted the University to cancel the punishments given to students who organized the public protest, requesting fee deductions.
Responding to the protest, the University filed a Police Report with the Jakarta Metropolitan Police Office (Polda Metro Jaya). As a result, the Police Investigators summoned the students who took part in the protest. They laid charges on them under Articles 29 and 45 paragraph 3, of the Law on Information and Electronic Transaction (ITE) Number 11 of 2008. And these students, in addition, were also charged under the Indonesian Penal Code, Article 170, paragraph 1.
ADDITIONAL INFORMATION:
Law Number 11 of 2008 on Information and Electronic Transaction (ITE) :
Article 29: Any Person who knowingly and without authority sends Electronic Information and/or Electronic Records that contain violent threats or shocks aimed personally.
Article 45, paragraph 3
Any Person who satisfies the elements as intended by Article 29 shall be sentenced to imprisonment not exceeding 12 (twelve) years and/or a fine not exceeding Rp. 2,000,000,000 (two billion Rupiah).
Article 170, paragraph 1 of the Indonesian Penal Code
Persons who with united forces openly commit violence against persons or property, shall be punished by a maximum imprisonment of five years and six months
SUGGESTED ACTION:
Please write to the Authorities listed below. Ask them to ensure that the Law Enforcement Agency investigates the incident and prosecutes those responsible for attacking those holding a peaceful protest. Moreover, the University must stop the punishments and cancel the permanent terminations in order to respect the Rights of academic freedom.
The Government must ensure and guarantee that all civil society, in particular University students, can exercise their right to freedom of expression and opinion–without restrictions.
The AHRC is writing a separate letter to the UN Special Rapporteur on the Right to freedom of opinion and expression.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
INDONESIA: The National University must stop criminalization and oppression against their students
Name of victim: Students of the National University (Universitas Nasional) and members of Unas Under Emergency (Unas Gawat Darurat)
Names of alleged perpetrators: The National University, its security officers and Police Officers
Date of incident: Between May 2020 and July 2020
Place of incident: National University, South Jakarta City, Jakarta Province, Indonesia
I am writing to voice my deep concern regarding the National University (Universitas Nasional). It has criminalized and oppressed students who demanded tuition fee reduction during the Covid-19 Pandemic. The University ignored the voices of the students. On the contrary, the University carried out the following three specific actions: imposed academic sanctions, attacked and forcibly dispersed a peaceful public protest and criminalized the students, alleging defamation of the University.
From May 16, 2020, students of the National University (Universitas Nasional) organized peaceful, public protests demanding the University reduce tuition fees due to the Covid-19 Pandemic. Responding to the initial demand, the University had reduced the tuition fees to the amount of IDR 100,000 (one hundred thousand Rupiahs). They based their action upon Decision Letter No. 52 of 2020 concerning reduction of tuition fees.
However, the deduction of tuition fees does not apply to all students equally and is not clearly understood. The students protested that the deduction must be higher than IDR 100,000 because study is conducted online. Subsequently, the students established a student alliance group called UNAS Gawat Darurat (National University under emergency). They published, through the social media, a written demand regarding the deduction of tuition fees.
Between 10 and 12 June 2020, approximately thirty-one students were summoned by the University Disciplinary Commission on the allegation of violation of campus rules by defamation. Afterwards, responding to the summons, the student alliance organized a series of peaceful, public protests in the front yard of the University. The students have submitted several letters of request, including one for a formal meeting. However, the University gave no response to any of the letters. On the contrary, the students’ organized, peaceful protests frequently experienced intimidation and attacks by the University’s security officers and Police Officers.
In early July 2020, the University issued academic sanctions on six students. It amounted to permanent termination (Drop Out) for three students and temporary termination (suspension) for the other three students. Concomitantly, the University also put out a letter of Warning to fifteen students who took part in the peaceful, public protests. The University claimed that the basis for the imposition of sanctions was this: students are considered to have defamed the reputation of the Campus when delivering demands for tuition reduction.
Progressively, on July 14, 2020, the student alliance organized a peaceful, public protest in the front yard of the University. The protest started at 03.30 pm with some 13 students taking part in the protest. They wanted the University to cancel the punishments given to students who organized the public protest, requesting fee deductions.
Responding to the protest, the University filed a Police Report with the Jakarta Metropolitan Police Office (Polda Metro Jaya). As a result, the Police Investigators summoned the students who took part in the protest. They laid charges on them under Articles 29 and 45 paragraph 3, of the Law on Information and Electronic Transaction (ITE) Number 11 of 2008. And these students, in addition, were also charged under the Indonesian Penal Code, Article 170, paragraph 1.
Therefore, I respectfully urge you to ensure that the Law Enforcement Agency investigates the incident and prosecutes those responsible for attacking members of a peaceful protest. The University must stop the punishments and cancel the permanent terminations in order to respect the Rights of academic freedom.
The Government must ensure and guarantee that all civil society, in particular University students, can exercise their rights of Freedom of Expression and Opinion–without restriction.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Joko Widodo
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.go.id
2. Mr. Yasonna Laoly
Minister of Law and Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095
3. Dr. Mualimin Abdi SH., MH
Director General of Human Rights
Office of the Director General of Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. General Police Idham Azis
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
5. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
Kebayoran Baru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
6. Mr. Bambang Soesatyo
Chairperson of the Commission III of The House of Representative
Ketua Komisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
Jalan Jenderal Gatot Subroto, Jakarta,
INDONESIA
Telp : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566
7. Mr. Ahmad Taufan Damanik
Chairperson of the National Commission on Human Rights (Komnas HAM)
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
