ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM
Urgent Appeal Case: AHRC-UAC-008-2021
September 15, 2021
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INDONESIA: Two Human Rights defenders receive warning letters after criticizing the Minister for Maritime Affairs and Investment.
ISSUES: freedom of expression and opinion, access to justice, fair trial
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Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from the Commission for the Disappeared and Victims of Violence (KontraS)—a human rights non-governmental organization based in Jakarta, Indonesia. It would like to give early notice for accommodating safe space for the possibility of the prosecution of Executive Director of Lokataru, Mr. Haris Azhar, and Coordinator of KontraS, Ms. Fatia Maulidiyanti.
CASE NARRATIVE:
On August 26, 2021, the Coordinating Minister for Maritime Affairs and Investment, Luhut Binsar Panjaitan through his attorney Juniver Girsang and Partners, gave a warning letter (legal notice) to Mr. Haris Azhar and Ms. Fatia Maulidiyanti. It was regarding a talk show on Haris Azhar’s you tube channel with the title “Ada Lord Luhut dibalik Relasi Ekonomi-Ops Militer Intan Jaya!! Jenderal BIN Juga Ada!!” (There is Lord Luhut behind the Economic Relations-Military Operations Intan Jaya!! The General of the State Intelligence Agency is also there!!).
In the video, Haris and Fatia discussed the research results of several organizations, such as KontraS, Walhi, Jatam, YLBHI, and Pusaka. It was about the business of Indonesian Army officials and retirees behind the gold mining business who plan to exploit the Blok Wabu area in Intan Jaya, Papua province.
In the warning letter (legal notice), Haris and Fatia were asked to explain to Luhut the motive for posting the video. In addition, both of them were asked to apologize within 5 days to Luhut through Haris Azhar’s You Tube channel, mass media, and online media and promise not to repeat the act. If the request is not made, Luhut’s legal counsel will take legal steps.
In the last three years, the illegal deployment of Indonesian military forces in the central highlands of Papua Province has triggered an escalation of armed conflict between the Police-Military and the West Papua National Liberation Army. This is coupled with violence and terror against civilians, especially in the Intan Jaya Regency. Spatial analysis revealed how the location of military and Police posts around the mining concessions were identified as being connected either directly or indirectly with the generals.
This was revealed in the report “Economic-Political Military Placement in Papua: The Case of Intan Jaya” launched by YLBHI, WALHI National Executive, Pusaka Bentala Rakyat, WALHI Papua, LBH Papua, KontraS, JATAM, Greenpeace Indonesia, Trend Asia, together with #BersihkanIndonesia. The researchers conducted a quick study of illegal military operations in Papua using a political-economic perspective. This study also indicates the relationship between company concessions and the deployment of the military in Papua by taking one case in Intan Jaya Regency.
Luhut will use the articles in the Electronic Information and Transactions Law (UU ITE) Article 27 paragraph (3) about defamation if Fatia and Haris do not apologize for the allegations regarding the statement. Luhut will also use two articles in the Criminal Code (KUHP). He said he would use Article 310 about attacking someone’s honor or reputation with accusations and Article 311 about defamation.
It is important to emphasize that KontraS, Lokataru, and other civil society organizations are carrying out their duties to supervise the running of the Government process. Other civil society organizations commonly do this as a form of participation to ensure clean governance, free from corruption, collusion, and nepotism. It is essential to the work as the Government is never really open with the information regarding the situation in Papua; they only focus on the development and simultaneously ignore the deterioration of human rights. Besides, the problem in Papua is not the only development. There is also a multi-layered problem from development, environment, and fundamental rights. Moreover, they expressed their opinion in research based on scientific studies supported by data and facts. Thus, it would not be wrong to say that Luhut’s steps, cease and desist letter and intention to proceed with further legal proceedings, were inappropriate and excessive actions.
It also becomes our concern that the Government Officials tend to abuse their power with the Electronic, Information, and Transaction Law to trap activists or human rights defenders in speaking out about the human rights situation in Indonesia. At the beginning of August, Indonesia Corruption Watch (ICW) staff experienced a similar thing; being threatened with the above-mentioned law for expressing concern regarding Covid-19 medicine sales. Nevertheless, these two incidents follow many previous cases of Human Rights Defenders being threatened with the mentioned law, including Ravio Patra.
From the legal aspect, referring to the media coverage, there is faulty construction in interpreting the legal violation aspect of the statement. It is essential to explain if it is interpreted as a defamation offense as regulated in the Information and Electronic Transaction Law in conjunction with the Criminal Code. The Criminal Code contains relevant justifications for the research, namely Article 310 paragraph (3) of the Criminal Code: it does not constitute defamation if the act is carried out in the public interest.
The Joint Decree of the Minister of Communication and Information, the Attorney General, and the National Police Chief regarding Guidelines for the Implementation of the Electronic Information and Transaction Law also explains that Article 27 paragraph (3) section (c) states that it is not a defamation offense if the content is in the form of an assessment or evaluation result. The statement issued by Fatia and Haris was born from a study that has clear methods, data, and references. Of course, this has fulfilled these requirements because it has passed the assessment and evaluation process on an issue that is of public concern.
ADDITIONAL INFORMATION:
Indonesia is a State party to the International Covenant on Civil and Political Rights (ICCPR), therefore the Government should ensure that the right to freedom of expression and opinion should be protected. Indonesia also enacted a national regulation which guarantees the right to freedom of expression and opinion under Law Number 39 of 1999 on Human Rights.
SUGGESTED ACTION:
Please write to the Authorities listed below. Request the following action. Ask them to ensure that the Government should ensure protection of the right to freedom of opinion and expression. The Minister should not file a report to the Police. He must accept the criticism as public oversight. It should be followed up with further investigation to make sure whether or not the content of the research provide correct information and can be proven.
The AHRC is writing a separate letter to the UN Special Rapporteur on the Right to freedom of opinion and expression and the UN Special Rapporteur on the Situation of Human Rights Defenders.
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SAMPLE LETTER
INDONESIA: Two Human Rights defenders receive warning letters after criticizing the Minister for Maritime Affairs and Investment.
Name of victim: Mr. Haris Azhar and Ms. Fatia Maulidiyanti
Names of alleged perpetrators: Mr. Luhut Binsar Panjaitan, the Coordinating Minister for Maritime Affairs and Investment
Date of incident: August 26, 2021
Place of incident: Jakarta, Indonesia
I am writing to voice my deep concern regarding information from the Commission for the Disappeared and Victims of Violence (KontraS)—a human rights non-governmental organization based in Jakarta, Indonesia. It would like to give early notice for accommodating safe space for the possibility of the prosecution of Executive Director of Lokataru, Mr. Haris Azhar, and Coordinator of KontraS, Ms. Fatia Maulidiyanti.
On August 26, 2021, the Coordinating Minister for Maritime Affairs and Investment, Luhut Binsar Panjaitan through his attorney Juniver Girsang and Partners, gave a warning letter (legal notice) to Mr. Haris Azhar and Ms. Fatia Maulidiyanti. It was regarding a talk show on Haris Azhar’s you tube channel with the title “Ada Lord Luhut dibalik Relasi Ekonomi-Ops Militer Intan Jaya!! Jenderal BIN Juga Ada!!” (There is Lord Luhut behind the Economic Relations-Military Operations Intan Jaya!! The General of the State Intelligence Agency is also there!!).
In the video, Haris and Fatia discussed the research results of several organizations, such as KontraS, Walhi, Jatam, YLBHI, and Pusaka. It was about the business of Indonesian Army officials and retirees behind the gold mining business who plan to exploit the Blok Wabu area in Intan Jaya, Papua province.
In the warning letter (legal notice), Haris and Fatia were asked to explain to Luhut the motive for posting the video. In addition, both of them were asked to apologize within 5 days to Luhut through Haris Azhar’s You Tube channel, mass media, and online media and promise not to repeat the act. If the request is not made, Luhut’s legal counsel will take legal steps.
In the last three years, the illegal deployment of Indonesian military forces in the central highlands of Papua Province has triggered an escalation of armed conflict between the Police-Military and the West Papua National Liberation Army. This is coupled with violence and terror against civilians, especially in the Intan Jaya Regency. Spatial analysis revealed how the location of military and Police posts around the mining concessions were identified as being connected either directly or indirectly with the generals.
This was revealed in the report “Economic-Political Military Placement in Papua: The Case of Intan Jaya” launched by YLBHI, WALHI National Executive, Pusaka Bentala Rakyat, WALHI Papua, LBH Papua, KontraS, JATAM, Greenpeace Indonesia, Trend Asia, together with #BersihkanIndonesia. The researchers conducted a quick study of illegal military operations in Papua using a political-economic perspective. This study also indicates the relationship between company concessions and the deployment of the military in Papua by taking one case in Intan Jaya Regency.
Luhut will use the articles in the Electronic Information and Transactions Law (UU ITE) Article 27 paragraph (3) about defamation if Fatia and Haris do not apologize for the allegations regarding the statement. Luhut will also use two articles in the Criminal Code (KUHP). He said he would use Article 310 about attacking someone’s honor or reputation with accusations and Article 311 about defamation.
It is important to emphasize that KontraS, Lokataru, and other civil society organizations are carrying out their duties to supervise the running of the Government process. Other civil society organizations commonly do this as a form of participation to ensure clean governance, free from corruption, collusion, and nepotism. It is essential to the work as the Government is never really open with the information regarding the situation in Papua; they only focus on the development and simultaneously ignore the deterioration of human rights. Besides, the problem in Papua is not the only development. There is also a multi-layered problem from development, environment, and fundamental rights. Moreover, they expressed their opinion in research based on scientific studies supported by data and facts. Thus, it would not be wrong to say that Luhut’s steps, cease and desist letter and intention to proceed with further legal proceedings, were inappropriate and excessive actions.
It also becomes our concern that the Government Officials tend to abuse their power with the Electronic, Information, and Transaction Law to trap activists or human rights defenders in speaking out about the human rights situation in Indonesia. At the beginning of August, Indonesia Corruption Watch (ICW) staff experienced a similar thing; being threatened with the above-mentioned law for expressing concern regarding Covid-19 medicine sales. Nevertheless, these two incidents follow many previous cases of Human Rights Defenders being threatened with the mentioned law, including Ravio Patra.
From the legal aspect, referring to the media coverage, there is faulty construction in interpreting the legal violation aspect of the statement. It is essential to explain if it is interpreted as a defamation offense as regulated in the Information and Electronic Transaction Law in conjunction with the Criminal Code. The Criminal Code contains relevant justifications for the research, namely Article 310 paragraph (3) of the Criminal Code: it does not constitute defamation if the act is carried out in the public interest.
The Joint Decree of the Minister of Communication and Information, the Attorney General, and the National Police Chief regarding Guidelines for the Implementation of the Electronic Information and Transaction Law also explains that Article 27 paragraph (3) section (c) states that it is not a defamation offense if the content is in the form of an assessment or evaluation result. The statement issued by Fatia and Haris was born from a study that has clear methods, data, and references. Of course, this has fulfilled these requirements because it has passed the assessment and evaluation process on an issue that is of public concern.
Therefore, I respectfully urge you to ensure that the Government should ensure protection of the right to freedom of opinion and expression. The Minister should not file a report to the Police. He must accept the criticism as public oversight. It should be followed up with further investigation to make sure whether or not the content of the research provide correct information and can be proven.
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 of Police Listyo Sigit Prabowo
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. Drs. Hasto Atmojo Suroyo, M.Krim.
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Saksi dan Korban (LPSK)
Jalan Raya Bogor KM. 24 No. 47-49, Susukan, Ciracas, RT.6/RW.1, Susukan, Ciracas, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13750
Tel: +62 21 29681560
Fax: +62 21 29681551 / +62 21 29681557
8. 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 Program
Asian Human Rights Commission (ua@ahrc.asia)
