Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from LBH Jakarta (Jakarta Legal Aid), SAFEnet, and Sejuk. All of them are civil society organizations that monitored and advocated the following case. It is in regard to a criminal charge against Mr. Alnoldy Bahari, a resident of Gadog village, Cibitung sub-district, Pandeglang Regency, Banten Province. He was reported to the Pandeglang Police Station (Polres Pandeglang) charged with spreading hate speech and racism through his Facebook entries. In total, 10 to 11 of his Facebook entities, published between 2016 and 2017, were taken as evidence. Alnoldy is still detained in Pandeglang Prison from 1 December 2017 until now.
CASE NARRATIVE:
In 2013, Mr. Alnoldy Bahari and his wife, Milah Bahari, decided to leave Jakarta and move to Banten Province. In the new place, they wanted to set up a goat-breeding business with various types of goats. He also wanted to contribute to the development of Gadog Village. Sadly, the goat breeding endeavour failed after two months of operation. Alnoldy also authored a book. He conducted an online business by selling his book to the public through social media.
In the new place, Alnoldy and his wife felt insecure. They were targets of terror and intimidation by local residents. Here are some examples. Alnoldy’s car parked in his yard was scratched. Others threw stones at his house and broke some windows. The street light in front of his house was smashed–ALL by people unknown. Milah Bahari, Alnoldy’s wife was one of the candidates for a Head Village position. She too, was subjected to various black campaign attacks by the other candidates as she was the only woman involved in the election.
In November 2017, Alnoldy changed his Facebook setting from a privacy setting to a public setting, so more people and friends could share his Facebook entries. As a book author and a book seller, he expected that more people would be interested in ordering his book published on Facebook. After he changed his Facebook setting, he was reported to the Police. The three residents who filed the Police Report are Mr. Solihin, Indra and Dudi. Then, Solihin reproduced the Facebook entries and showed it to Mr. Abdullah (Solihin’s father). Subsequently, they invited approximately 50 people to come and discuss the Facebook entries. One of the Facebook entries stated “I testify that there is no God besides Allah SWT and if you have never seen God then you are false witnesses.” Another stated “I am Islam and I testify that there is no God besides Allah SWT. I have seen God, you?”
The village secretary, Mr. Yayan sent a whatsapp to Alnoldy and his wife telling them to leave the village immediately. Alnoldy phoned Mr. Yayan receiving the following information. Mr. Tata, a member of the village representative body (BPD), said that the Pandeglang Military Commander (Kodim), with many supporting people, will come to attack Alnoldy’s house. In November 2017, Alnoldy and his wife, with Solihin, Indra (neighbourhood head) and Dudi (a teacher), came to a mutual understanding. It required Mr. and Mrs. Alnoldy to leave the village in order to maintain social harmony. Everyone signed the agreement.
After signing the agreement, Alnoldy never returned to his home. Officers of the Cibaliung Police Station (Polres Cibaliung) examined Alnoldy and wrote up an Investigation Report (BAP). Alnoldy was requested to hand over his properties, his house and his eight goats. In December 2017, he was named a suspect and detained until the present time.
Pandeglang Police Officers are responsible for providing protection for its citizens. They did just the opposite. They arrested and detained Alnoldy. The Police claimed that they enforced the Circulated Letter of the Chief of National Police No. SE/6/X/2015 concerning Hate Speech. This requires that Police Officers in enforcing the Circulated Letter should not engage in discrimination, violence, murder or wide-spread social conflict. But, in fact, the Police had discriminated against Alnoldy. There was not sufficient dialogue and effort expended in finding a solution among them. To take the easy way out, the Police preferred to arrest and detain Mr. Alnoldy.
The Pandeglang Police Station personnel failed to act as mediator and problem-solver in this case. Despite the fact that Alnoldy exercised his right to freedom of expression and opinion on the internet, the Police proceeded to build a case against him. They submitted his case to the Prosecutor. Currently, the Prosecutor submitted the prosecution petition to the Pandeglang District Court. Alnoldy was charged under Law No. 19 of 2016 of the Electronic Information and Transactions (ITE) Article 28 paragraph 2 and article 45. This legislates a 5 year imprisonment, a fine of IDR 100,000,000 (One Hundred Million Rupiah) with an additional sentence of six months imprisonment.
In defending the petition that had been submitted before the Pandeglang District Court on 16 April 2018, Alnoldy stated:
“In essence, whatever I wrote, in any form and in any media, it never came to my mind, in the slightest sense, to have the intention of spreading hatred, preaching, or other objectionable actions. My Facebook entries are filled with thoughts that just come to mind randomly. I was never aware of the source of my inspirations. On this occasion I have pleaded for justice for my wife and I. Most importantly, we have no house to live in anymore. It was demolished and totally destroyed. Included were all our house furniture and all our properties. My online business has been stopped because my Facebook account was confiscated. What remains is our car. It had to be sold to take care of daily family living costs besides settling all accounts payable. Our eight goats of Etawa Kaligesing PE are still with the Police. I do not have any new information on how they are doing. My six guard dogs are dead after being tied up without food and water until they expired. My wife was forced to stay at my mother’s house in Jakarta. She had to go back to Pandeglang frequently, with transportation being quite expensive. I have two children, the first child is second grade junior high school (SMP) and the second child is fourth grade elementary school (SD). For me personally, severe punishment is beyond my ability to withstand as a human being. And God does not appreciate people who punish others beyond their ability and capacity to endure.”
SUGGESTED ACTION:
Please write to the Authorities listed below. Ask them to ensure that the Judges of Pandeglang District Court a have clear perspective and demonstate its independence in dealing with this case. The National Commission on Human Rights (Komnas HAM) must monitor the Trial Process and take the lead to mediate, to avoid intemperate implementation of Law No. 19 of 2016 on the Electronic Information and Transactions (ITE). The Police and the National Police Commission should evaluate implementation of the Circulate Letter of the Chief of National Police, No. SE/6/X/2015. Police Officers who abused their power in this case must be held accountable.
The AHRC is writing a separate letter to the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and Special Rapporteur on freedom of religion or belief, calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDONESIA: Pandeglang man criminally charged and prosecuted due to his Facebook entries
Name of victims: Mr. Alnoldy Bahari and family
Names of alleged perpetrators: Pandeglang Police Officers; Messrs. Solihin, Indra and Dudi (residents of Gadog Village)
Date of incidents: Between 2017 to 2018
Place of incident: Gadog Village, Cibitung sub-district, Pandeglang Regency, Banten Province.
I am writing to voice my deep concern regarding a criminal charge against Mr. Alnoldy Bahari, a resident of Gadog village, Cibitung sub-district, Pandeglang Regency, Banten Province. He was reported to the Pandeglang Police Station (Polres Pandeglang) charged with spreading hate speech and racism through his Facebook entries. In total, 10 to 11 of his Facebook entities, published between 2016 and 2017, were taken as evidence. Alnoldy is still detained in Pandeglang Prison from 1 December 2017 until now.
In 2013, Mr. Alnoldy Bahari and his wife, Milah Bahari, decided to leave Jakarta and move to Banten Province. In the new place, they wanted to set up a goat-breeding business with various types of goats. He also wanted to contribute to the development of Gadog Village. Sadly, the goat breeding endeavour failed after two months of operation. Alnoldy also authored a book. He conducted an online business by selling his book to the public through social media.
In the new place, Alnoldy and his wife felt insecure. They were targets of terror and intimidation by local residents. Here are some examples. Alnoldy’s car parked in his yard was scratched. Others threw stones at his house and broke some windows. The street light in front of his house was smashed–ALL by people unknown. Milah Bahari, Alnoldy’s wife was one of the candidates for a Head Village position. She too, was subjected to various black campaign attacks by the other candidates as she was the only woman involved in the election.
In November 2017, Alnoldy changed his Facebook setting from a privacy setting to a public setting, so more people and friends could share his Facebook entries. As a book author and a book seller, he expected that more people would be interested in ordering his book published on Facebook. After he changed his Facebook setting, he was reported to the Police. The three residents who filed the Police Report are Mr. Solihin, Indra and Dudi. Then, Solihin reproduced the Facebook entries and showed it to Mr. Abdullah (Solihin’s father). Subsequently, they invited approximately 50 people to come and discuss the Facebook entries. One of the Facebook entries stated “I testify that there is no God besides Allah SWT and if you have never seen God then you are false witnesses.” Another stated “I am Islam and I testify that there is no God besides Allah SWT. I have seen God, you?”
The village secretary, Mr. Yayan sent a whatsapp to Alnoldy and his wife telling them to leave the village immediately. Alnoldy phoned Mr. Yayan receiving the following information. Mr. Tata, a member of the village representative body (BPD), said that the Pandeglang Military Commander (Kodim), with many supporting people, will come to attack Alnoldy’s house. In November 2017, Alnoldy and his wife, with Solihin, Indra (neighbourhood head) and Dudi (a teacher), came to a mutual understanding. It required Mr. and Mrs. Alnoldy to leave the village in order to maintain social harmony. Everyone signed the agreement.
After signing the agreement, Alnoldy never returned to his home. Officers of the Cibaliung Police Station (Polres Cibaliung) examined Alnoldy and wrote up an Investigation Report (BAP). Alnoldy was requested to hand over his properties, his house and his eight goats. In December 2017, he was named a suspect and detained until the present time.
Pandeglang Police Officers are responsible for providing protection for its citizens. They did just the opposite. They arrested and detained Alnoldy. The Police claimed that they enforced the Circulated Letter of the Chief of National Police No. SE/6/X/2015 concerning Hate Speech. This requires that Police Officers in enforcing the Circulated Letter should not engage in discrimination, violence, murder or wide-spread social conflict. But, in fact, the Police had discriminated against Alnoldy. There was not sufficient dialogue and effort expended in finding a solution among them. To take the easy way out, the Police preferred to arrest and detain Mr. Alnoldy.
The Pandeglang Police Station personnel failed to act as mediator and problem-solver in this case. Despite the fact that Alnoldy exercised his right to freedom of expression and opinion on the internet, the Police proceeded to build a case against him. They submitted his case to the Prosecutor. Currently, the Prosecutor submitted the prosecution petition to the Pandeglang District Court. Alnoldy was charged under Law No. 19 of 2016 of the Electronic Information and Transactions (ITE) Article 28 paragraph 2 and article 45. This legislates a 5 year imprisonment, a fine of IDR 100,000,000 (One Hundred Million Rupiah) with an additional sentence of six months imprisonment.
In defending the petition that had been submitted before the Pandeglang District Court on 16 April 2018, Alnoldy stated:
“In essence, whatever I wrote, in any form and in any media, it never came to my mind, in the slightest sense, to have the intention of spreading hatred, preaching, or other objectionable actions. My Facebook entries are filled with thoughts that just come to mind randomly. I was never aware of the source of my inspirations. On this occasion I have pleaded for justice for my wife and I. Most importantly, we have no house to live in anymore. It was demolished and totally destroyed. Included were all our house furniture and all our properties. My online business has been stopped because my Facebook account was confiscated. What remains is our car. It had to be sold to take care of daily family living costs besides settling all accounts payable. Our eight goats of Etawa Kaligesing PE are still with the Police. I do not have any new information on how they are doing. My six guard dogs are dead after being tied up without food and water until they expired. My wife was forced to stay at my mother’s house in Jakarta. She had to go back to Pandeglang frequently, with transportation being quite expensive. I have two children, the first child is second grade junior high school (SMP) and the second child is fourth grade elementary school (SD). For me personally, severe punishment is beyond my ability to withstand as a human being. And God does not appreciate people who punish others beyond their ability and capacity to endure.”
Therefore, I respectfully request you to ensure that the Judges of Pandeglang District Court have a clear perspective and demonstrate its independence in dealing with this case. The National Commission on Human Rights (Komnas HAM) must monitor the Trial Process. They should take the lead to mediate the case, to avoid intemperate implementation of Law No. 19 of 2016 on the Electronic Information and Transactions (ITE). The Police and the National Police Commission should evaluate implementation of the Circulate Letter of the Chief of National Police, No. SE/6/X/2015. Police Officers who abused their power in this case must be held accountable.
I look forward to your prompt action in this matter.
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. Air Chief Marshal Hadi Tjahjanto
Chief of Indonesian Military
Mabes TNI Cilangkap Jakarta Timur
INDONESIA
Tel: +62 21 84595576, +62 21 8459-5326
Fax: + 62 21 84591193
Email: ppidtni@puspen.tni.mil.id
5. General Pol. Drs. H.M. Tito Karnavian, M.A., Ph.D
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 KebayoranBaru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
6. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
KebayoranBaru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
7. Professor. Amzulian Rifai S.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (GedungPengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
8. Mr. Kahar Muzakir
Chairperson of the Commission III of The House of Representative
Ketua Komisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Telp : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566
9. Professor H. Muhammad Hatta Ali, SH, MH
The Chair of the Indonesian Supreme Court
Mahkamah Agung RI
Jalan Medan Merdeka Utara No 9-13
Tel: +62 21 3843348, +62 21 3810350, +62 21 3457661
Fax: + 62 21 3453553, +62 21 3454546
Jakarta 10110
INDONESIA
10. Mr. Abdul Haris Semendawai
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
11. Mr. HM Prasetyo
Attorney General of Republic of Indonesia
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337 , 7397602
Fax: + 62 21 7250213
12. Mr. Aidul Fitriciada Azhari
Chairperson of The Judicial Commission
Jalan Kramat Raya No. 57 Jakarta Pusat
INDONESIA
Tel: +62 21 3905876
Fax: +62 21 3906215
Email: pengaduan@komisiyudisial.go.id
13. 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)
