Indonesia
Section 1. Respect for the Integrity of the Person
There were numerous reports that security officials committed arbitrary or unlawful killings. Many of these reports related to security forces’ counterinsurgency operations against armed separatist groups in Papua and West Papua (see section 1.g.).
In many cases of alleged extrajudicial killings, police and the military did not conduct any investigations and, when they did, failed to disclose either the fact or the findings of these internal investigations. Official statements related to abuse allegations sometimes contradicted nongovernmental organization (NGO) accounts, and the frequent inaccessibility of areas where violence took place made confirming facts difficult.
The Commission for Disappeared and Victims of Violence (KontraS), a local NGO, reported 16 deaths due to alleged torture and other abuse by security forces between June 2020 and May 2021. KontraS also reported 13 deaths attributable to police shootings in the same period. On January 8, the National Commission on Human Rights released its report on the December 2020 police shootings of six members of the Islamic Defenders Front (see also section 2.b.) on the Jakarta-Cikampek toll road in West Java Province. The commission found that police unlawfully killed four front members who were already in police custody and labelled the killings a human rights violation. In April a police spokesperson stated that three police officials from the Mobile Reserve Unit of the Greater Jakarta Metropolitan Regional Police had been named as suspects and were being investigated, noting that one of the three had died in an accident in January. On August 23, media reported the filing of charges against the two suspects in the East Jakarta District Court.
On April 25, Baubau City Police in Southeast Sulawesi Province arrested Samsul Egar on suspicions of involvement in drug trafficking. According to media reports, police chased Egar; after he was captured, he was seen handcuffed on the ground and unconscious. Egar was brought to a hospital where he was declared dead. Human rights organizations reported Egar had bruises on his body. Police allegedly did not tell Egar’s family they believed he was a drug trafficker until 28 days after his death. As of September 10, there was no indication that authorities had investigated the report or taken action against the officer involved.
On August 31, the Balikpapan District Court of East Kalimantan Province began the trial of six Balikpapan City Police officers charged with abuses resulting in the 2020 death of Herman Alfred, a 39-year-old man accused of stealing a phone. The six officers were removed from duty in February when they were named as suspects in the case. According to prosecutors, Alfred was arrested on December 2, and brought to the Balikpapan police station. The six officers allegedly physically abused him while in custody, inflicting injuries that led to his death. As of September 10, the trial of the six officers was ongoing.
There were also multiple reports of killings outside of Papua and West Papua by terrorist groups. The government investigated and prosecuted all such killings.
For example, media and the government reported that the East Indonesia Mujahedeen group was responsible for the May 11 killing of four farmers, reportedly all Christians, in Poso Regency, Central Sulawesi Province. The same group was accused of killing four residents of Sigi Regency, Central Sulawesi, in November 2020. As of October, security force operations seeking to apprehend members of the group continued. On September 18, security forces killed the group’s leader, Ali Kalora, in a firefight.
On March 28, two suicide bombers attacked the Sacred Heart of Jesus Catholic cathedral, in Makassar, South Sulawesi Province, killing both assailants and injuring 20 bystanders. The attack occurred during a Palm Sunday mass. Police identified the two bombers as part of Jamaah Ansharut Daulah, a terrorist organization responsible for the 2018 bombings of three churches in Surabaya, East Java Province. As of May 19, a police spokesperson told the media that 53 persons had been detained and named as suspects in connection with the bombing.
Outside Papua and West Papua (see section 1.g.) there were no reports of disappearances by or on behalf of government authorities. The government and NGOs reported little progress in accounting for persons who previously disappeared, including disappearances that occurred when Timor-Leste was still part of Indonesia. NGOs reported little progress in prosecuting those responsible for such disappearances and noted many officials suspected of being involved in disappearances continued to serve in the government (see section 1.c.).
The constitution prohibits such practices. The law criminalizes the use of violence or force by officials to elicit a confession, but no law specifies or defines “torture.” Other laws, such as on witness and victim protection, include antitorture provisions. Officials face imprisonment for a maximum of four years if they use violence or force illegally.
NGOs made numerous reports of police and security forces using excessive force during detention and interrogation, with some cases resulting in death (see section 1.a.).
National police and the military maintained procedures to address alleged torture. All police recruits undergo training on the proportional use of force and human rights standards. In cases of alleged torture (and other abuse), police and the military typically conducted investigations but often did not publicly disclose either the fact or the findings of these internal investigations. Official statements related to abuse allegations sometimes contradicted NGO accounts, and the frequent inaccessibility of areas where violence took place made confirming facts difficult. NGOs and other observers criticized the short prison sentences often imposed by military courts in abuse cases involving civilians or actions by off-duty soldiers.
KontraS reported 166 injuries from alleged torture and other abuse by security forces between June 2020 and May 2021. KontraS also reported 98 persons injured in police shootings during the same period. KontraS noted there had been a decrease in police violence cases compared with previous years but attributed the decrease to the COVID-19 pandemic rather than reforms in police behavior.
On May 25, a uniformed solider, Joaquim Parera, assaulted an employee of a gas station in East Nusa Tenggara Province. The employee refused to provide service to Parera because he had cut in line. The assault was filmed, and the video was spread widely online. A mediation session between Parera and the victim was held and the military reported the dispute had been settled peacefully. The military also stated that Parera could still face a military tribunal, but as of November 24 there were no updates on whether Parera faced punishment for the incident.
On June 22, police detained a 20-year-old man, Yohan Ronsumbre, on suspicion of theft in Biak Numfor Regency, Papua Province. NGOs reported that during the detention police officers attempted to force Ronsumbre to confess by punching him and pouring boiling water on his right arm. Ronsumbre’s lawyers reported the incident to police, the national Ombudsman, and the National Commission on Human Rights. In July a police representative told media they were investigating the incident. As of November 24, there was no update on the investigation or action taken against the officers involved.
On August 19, two soldiers from the 1627/Rote Ndao District Military Command in East Nusa Tenggara Province physically abused a 13-year-old boy who they suspected of stealing a mobile phone from one of the soldiers. The soldiers beat the boy, burned him with cigarettes, and burned his genitals with a candle. On August 23, the two soldiers were arrested by military police and were reportedly under investigation for the incident.
Aceh Province has special authority to implement sharia regulations. Authorities there carried out public canings for violations of sharia in cases of sexual abuse, gambling, adultery, alcohol consumption, consensual same-sex conduct, and sexual relations outside of marriage. Sharia does not apply to non-Muslims, foreigners, or Muslims not resident in Aceh. Non-Muslims in Aceh occasionally chose punishment under sharia because it was more expeditious and less expensive than secular procedures. For example, in February three non-Muslims convicted of illegal possession of alcohol requested punishment under sharia and each received 40 lashes. One of those punished publicly stated he did so to avoid a lengthy prison sentence.
Canings continued to occur in public spaces despite the Aceh governor’s 2018 order that they should be executed only in prison facilities. Individuals sentenced to caning may receive up to 100 lashes for each crime for which they were convicted, depending on the crime and prison time served.
NGOs reported that some female police and military recruits were subjected to invasive virginity testing as a condition of employment, which activists claimed were painful, degrading, discriminatory, and frequently inaccurate. The law does not require such testing, but some police and military regulations include the testing in their recruitment process, leading to inconsistent application across the country. Media reported that, per regulation, fiancees of military personnel were sometimes subjected to this testing. In June the army issued a technical regulation eliminating virginity testing for recruits and fiancees – the status of this testing for the navy and air force remained unclear.
In December 2020 President Widodo signed a government regulation on chemical castration and the use of tracking devices for individuals convicted of sexual abuse of children. The regulation allows chemical castration and electronic tracking for a maximum of two years after offenders are released from prison.
Security force impunity remained a problem. Members of the army special forces’ Rose Team, which was involved in the kidnapping, torture, and killing of students in 1997-98, continued to serve as senior officials in the government despite being convicted and serving prison sentences for their involvement in these abuses. On August 12, President Widodo awarded the nation’s third-highest civilian honor to Eurico Guterres, an alleged former pro-Indonesia militia leader in East Timor. In 2002 Guterres was convicted and sentenced to 10 years in prison for crimes against humanity for his involvement in mass violence and killings in East Timor prior to its independence in 1999. In 2008, however, the Supreme Court overturned the convictions of Guterres and all others convicted on such charges.
Internal investigations undertaken by security forces were often opaque, making it difficult to know which units and actors were involved, especially if they occurred in Papua or West Papua. Internal investigations were sometimes conducted by the unit accused of the abuses, or in high-profile cases by a team sent from police or military headquarters in Jakarta. Cases involving military personnel could be forwarded to a military tribunal for prosecution or, in the case of police, to public prosecutors. These trials lacked transparency, and the results were not always made public. Victims or their families may file complaints with the National Police Commission, National Commission on Human Rights, or National Ombudsman to seek an independent inquiry into the incident. The lack of transparent investigations and judicial processes continued to hamper accountability in multiple past cases involving security forces. NGOs continued to advocate for investigations and judicial resolution of historical cases of security force involvement in killings and disappearances that date back to 1965.
The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements, but there were notable exceptions.
The law provides for an independent judiciary and the right to a fair public trial, but the judiciary remained susceptible to corruption (see section 5) and influence from outside parties, including business interests, politicians, the security forces, and officials of the executive branch.
In March the Corruption Court sentenced former secretary of the Supreme Court, Nurhadi Abdurrachman, to six years in prison and a substantial fine, for receiving bribes worth nearly 50 billion rupees (IDR) ($3.5 million) to influence cases appearing before the Supreme Court.
Decentralization created difficulties for the enforcement of court orders, and at times local officials ignored them.
Four district courts are authorized to adjudicate cases of systemic gross human rights violations upon recommendation of the National Human Rights Commission. None of these courts, however, has heard or ruled on such a case since 2005.
Under the sharia court system in Aceh, 23 district religious courts and one court of appeals hear cases. The courts usually heard cases involving Muslims and based their judgments on decrees formulated by the local government rather than the national penal code.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law requires judicial warrants for searches except in cases involving subversion, economic crimes, and corruption. Security forces generally respected these requirements. The law also provides for searches without warrants when circumstances are “urgent and compelling.” Police throughout the country occasionally took actions without proper authority or violated individuals’ privacy.
NGOs claimed security officials occasionally conducted warrantless surveillance on individuals and their residences and monitored telephone calls.
The government developed Peduli Lindungi (Care Protect), a smartphone application used to track COVID-19 cases. Government regulations sought to stop the spread of the virus by requiring individuals entering public spaces like malls to check in using the application. The application also stores information on individuals’ vaccination status. NGOs expressed concerns about what information was gathered by the application and how this data was stored and used by the government.
The eastern provinces of Papua and West Papua are home to separatist movements advocating the creation of an independent state. The most well-known armed separatist group is the Free Papua Movement (Organisasi Papua Merdeka or OPM), which has been responsible for hundreds of attacks on government officials and civilians since the 1970s. The government has attempted to suppress these separatist movements primarily through a large military and police presence in the two provinces, and through a “special autonomy” status granted to the region in 2002 and revised in July. The most controversial provision of the revised autonomy law allows the central government to divide Papua Province into several smaller provinces without local legislative approval. Additionally, the revision provides for increased budgetary support for the Papuan region, but critics claimed these provisions also establish greater central government control of development and could further increase inequality. There were numerous reports of government and OPM forces engaging in killings, physical abuse and excessive force, and other abuses.
Killings: Restrictions on independent press and NGOs in the area, and on visits by international investigators, made it difficult to determine the authenticity of reports of, or to attribute responsibility for, killings in Papua and West Papua. The government and separatist groups often provided conflicting accounts about responsibility for a killing and whether the victim was a civilian or a combatant. The Armed Conflict Location and Event Data Project reported a total of 59 fatalities in Papua and West Papua from January 1 to September 3, with 31 deaths caused by armed exchanges between separatist and government forces, 25 deaths caused by violence directed at civilians by separatist or government forces, and three deaths caused by riots or mob violence. KontraS reported that government forces had been involved in 16 cases of armed violence from January to July 29 resulting in 10 deaths, 17 injuries, and 73 arrests.
On February 15, security forces in Intan Jaya Regency, Papua, killed three brothers, Janius, Soni and Yustinus Bagau. The brothers were detained during joint police-military operations in the region following the killing of a soldier by members of an armed separatist group. Human rights organizations stated the brothers were physically abused and then killed while in government custody at a local clinic. The government reported the three were shot after attempting to escape and seize weapons from their guards. The government also stated that the brothers were members of an armed separatist group. As of November 24, there were no reports of a government investigation into the incident.
On March 6, soldiers from the 715/MTL Raider Infantry Battalion fatally shot Melianus Nayagau, a 17-year-old student, in Intan Jaya Regency, Papua. Military officials stated that Nayagau was a member of an armed separatist group, while his family and human rights organizations maintained he was a civilian and that his death constituted an extrajudicial killing. Media reported that military forces killed Nayagau’s father in February 2020. As of November 24, there was no indication authorities had investigated the incident.
Media reported that on April 9, two soldiers dressed in civilian clothing belonging to the RK 762/VYS Infantry Battalion dragged Moses Yewen to a military post in Tambrauw Regency, Papua Province, and beat him after he asked to see their identification. On May 7, Yewen died, with some local politicians and human rights activists attributing his death to his beating a month prior and the lack of proper medical attention. Before his death Yewen reported the incident to the military police, but as of November 24 there were no reports of an investigation into the incident.
Investigations into some past high-profile cases of security force killings in Papua and West Papua continued. The investigation into the September 2020 killing of a Christian pastor, Yeremia Zanambani, in Intan Regency, Papua, was ongoing when, on June 5, an autopsy was conducted on Yeremia’s body. Military officials maintained that separatists killed Yeremia, while the National Commission on Human Rights and other human rights organizations stated that Yeremia’s death was an extrajudicial killing by members of the Hitadipa District Military Command.
In December 2020 the military named nine soldiers from the 1705/Paniai District Military Command and PR433/Julu Siri Infantry Battalion as suspects in the April 2020 killing of Luther and Apinus Zanambani while in military detention in Intan Jaya Regency, Papua. As of November 24, however, there was no update on the investigation.
Media and government sources reported Papuan armed separatist groups’ killing of civilians. On January 30, separatist forces killed Boni Bagau in Intan Jaya Regency, Papua. According to media reports, the attackers suspected the victim was a military and police spy. In the days following the killing, police officials received a letter, purportedly from OPM, calling for “open war” in Papua. On April 8-9, separatist forces killed two teachers and burned several school buildings in Puncak Regency, Papua. An alleged spokesman for militants claimed that the teachers were armed, undercover security personnel. On August 22, six armed separatists killed two workers building the Trans-Papua Highway in Yahukimo Regency, Papua.
Physical Abuse, Punishment, and Torture: Human rights organizations and media reported security forces in Papua and West Papua often used excessive force on civilians and physically abused persons in detention.
In December 2020 police arrested 13 activists from the pro-independence National West Papua National Committee in Merauke, Papua Province. Kristianus Yandum, one of the detained activists, was rushed to hospital from detention on February 8 and died on February 27. The West Papua National Committee stated Kristianus’ death was a result of physical abuse by police during his detention.
On July 28, two air force personnel forcibly restrained Steven Yadohamang, a deaf, indigenous Papuan man, in Merauke, Papua Province, with one of the officials pinning the man’s head to the ground with his boot. A video of the incident spread widely online. Military and government officials apologized for the use of excessive force and removed the commander of the Johanes Abraham Dimara Air Base in Merauke for failure to supervise his subordinates. An air force spokesperson stated the two officers would be tried in military court. As of November 24, there was no update on the status of trial.
Other Conflict-related Abuses: Separatist forces have publicly called for nonindigenous Papuans to leave Papua and West Papua. In June a spokesperson for OPM stated that migrants from other parts of the country should immediately leave Puncak, Intan Jaya, and Nduga Regencies to escape the violence there or be prepared to “bear the risk” of staying. In September the OPM spokesperson appealed to migrants from other parts of the country to immediately leave Sorong city in West Papua, which the spokesperson stated had become a war zone between government and separatist forces. These statements, as well as the ongoing violence displaced thousands of residents (see section 2.e.).
On August 16, protesters gathered in Yahukimo Regency, Papua Province, to protest the arrest of Victor Yeimo (see section 1.e.) and the extension and revision of special autonomy for Papua. NGOs reported that police opened fire on the demonstration and arrested 48 protesters. One protester, Ferianus Asso, was allegedly hit by police gunfire in the abdomen; he was treated at home until August 20, when he was taken to a local hospital. On August 22, Asso died from complications related to his injuries. As of November 24, there were no reports that the government investigated the incident.
Section 2. Respect for Civil Liberties
a. Freedom of Expression, Including for Members of the Press and Other Media
The constitution provides for freedom of expression, including for members of the press and other media. The law places various restrictions on its exercise, including criminal penalties for defamation, hate speech, blasphemy, obscenity, and spreading false information. There were numerous reports of the law being used to limit political criticism of the government.
Freedom of Expression: The law criminalizes speech deemed defaming of a person’s character or reputation (see Libel/Slander Laws below); insulting a religion; spreading hate speech; spreading false information; obscenity; or advocating separatism. Spreading hate speech or false information is punishable by up to six years in prison. Language in the law regulating pornography has been broadly applied to restrict content deemed as offending local morals. Under the criminal code, blasphemy is punishable for up to five years in prison. Blasphemy cases, however, were usually prosecuted under the Electronic Information and Transactions law, which was increasingly used to regulate online speech and carries a maximum six-year prison sentence. NGOs reported these laws were often used to prosecute critics of the government.
In February Sulaiman Marpaung, a man in North Sumatra Province, was sentenced to eight months in prison for hate speech after he posted comments on Facebook critical of Vice President Ma’ruf Amin’s religious bona fides and a collage of photos comparing the vice president with an elderly Japanese pornography actor.
On May 19, Kahiri Amri, head of the KAMI opposition political organization in Medan, North Sumatra Province, was sentenced to one year in prison for hate speech. In October 2020 Amri sent messages in a WhatsApp chat about organizing protests against the government’s proposed Omnibus Bill on Job Creation. In those messages he referred to police as “brown planthoppers” – a kind of insect – which the court deemed to constitute hate speech.
On August 19, an “antimask” activist, Yunus Wahyudi, was sentenced to three years in prison for spreading false news. In 2020 Wahyudi had posted a video online in which he claimed that there was no COVID-19 in Banyuwangi Regency, East Java Province.
According to the Legal Aid Foundation, in 2020 there were 67 blasphemy cases following at least 40 arrests on blasphemy charges. On August 25, police arrested Muhammad Kece in Bali for videos he uploaded to YouTube that allegedly insulted the Prophet Muhammad. On August 26, police arrested Yahya Waloni in Bogor Regency, West Java, for comments made in a video claiming that the Bible is fake. As of November 24, both Kece and Waloni were still in detention, with Waloni’s trial having begun and Kece’s trial scheduled to begin. For additional cases see section 2.c.
Although the law permits flying a flag symbolizing Papua’s cultural identity generally, a government regulation specifically prohibits the display of the Morning Star flag in Papua, the Republic of South Maluku flag in Maluku, and the Free Aceh Movement Crescent Moon flag in Aceh.
On May 21, Nasruddin (aka Nyak Din) was sentenced to one year in prison and his co-defendant Zulkifli was sentenced to eight months in prison for treason for flying the Free Aceh Movement Crescent Moon Flag in Indrajaya District, Aceh Province.
On May 15, police arrested three men for raising the Republic of South Maluku flag in Central Maluku Regency, Maluku Province. The three men have been named as suspects for treason and could face up to life imprisonment. As of November 24, there was no update on this case.
Freedom of Expression for Members of the Press and Other Media, Including Online Media: Independent media were active and expressed a wide variety of views. The government, however, sometimes used regional and national regulations, including those on blasphemy, hate speech, defamation, false information, and separatism, to restrict media. Obtaining permits for travel to Papua and West Papua was difficult for foreign journalists, who reported bureaucratic delays or denials, ostensibly for safety reasons. The constitution protects journalists from interference, and the law states that anyone who deliberately prevents journalists from doing their job shall face a maximum prison sentence of two years or a substantial fine.
Violence and Harassment: From January to August, the Alliance of Independent Journalists reported 24 cases of violence against journalists that included doxing, physical assaults, and verbal intimidation and threats perpetrated by various actors, including government officials, police and security personnel, members of mass organizations, and the general public.
On March 4, Yasmin Bali, a journalist for Malukunews.com, was assaulted by Galib Warang, reportedly a friend of West Seram Regent Muhammad Yasin Payapo, in Maluku Province. Bali and several journalists had originally come to the regent’s office to interview the regional secretary. While waiting for the interview, Bali attempted to take a photo, at which point Warang punched him. Media reported that the assault happened in front of the regent. As of September 16, Warang was on trial for the incident.
On March 27 in Surabaya, East Java, security guards assaulted Nurhadi (no last name), a journalist for Tempo magazine, who was covering a story about a former Ministry of Finance official named as a suspect in a corruption case. Nurhadi went to the official’s daughter’s wedding reception to collect information for the report. While escorting Nurhadi from the reception, security guards allegedly destroyed his phone, punched him, and threatened to kill him. Nurhadi was taken to a second location where he was interrogated and beaten by two police officers. In May police named the two officers, Purwanto (no last name) and Firman Subkh, as suspects for assaulting Nurhadi. As of November 24, the trial for the two officers was ongoing. The suspects were not detained during the trial per a request from Surabaya Police.
In May IndonesiaLeaks, a joint investigative journalism project, reported the attempted hacking of websites and personal social media accounts of those associated with the project. Journalists associated with the project also reported that police followed them and took photos as they interviewed sources at cafes. The alleged intimidation occurred after IndonesiaLeaks made public its investigation into the head of the Corruption Eradication Commission and the reasons behind his alleged use of a civil service test to weaken the commission (see section 4). As a result of threats and intimidation, IndonesiaLeaks discontinued the use of its Twitter account in June.
In July the Bukit Barisan Regional Military Command identified four soldiers as suspects in the June 19 killing of Mara Salem Harahap, editor in chief of lassernewstoday.com, in Simalungun Regency, North Sumatra Province. Police had previously named two other suspects, the owner and staff of a local nightclub, in the killing. Police reported that Harahap often visited the nightclub and threatened to report on its involvement in drug trafficking if he was not given free drugs. The nightclub owner provided money to one of the soldiers to “deter” Harahap from continuing this extortion. On September 13, one of the soldiers, Awaluddin (no last name), died due to unknown causes at a hospital. As of October 28, another soldier, Dani Effendi, was reportedly on trial in military court for his involvement in the killing. As of October 28, the trial for the owner and staff of the night club was ongoing.
Censorship or Content Restrictions: The Attorney General’s Office has authority to monitor written material and request a court order to ban written material; this power was apparently not used during the year.
The Broadcasting Commission has the power to restrict content broadcast on television and radio and used that authority to restrict content deemed offensive. On March 17, the commission issued a circular on television programs aired during the month of Ramadan, which contained a provision that programs not show physical intimacy such as kissing or cuddling. Another provision prohibited television programs from having lesbian, gay, bisexual, transgender, or queer content. In June the commission issued a list of 42 English-language songs that were prohibited from being played before 10 p.m. due to their content. Included in the list were songs by Bruno Mars, Ariana Grande, Maroon 5, and Busta Rhymes.
The government-supervised Film Censorship Institute censored domestic and imported movies for content deemed religiously or otherwise offensive.
Libel/Slander Laws: Criminal defamation provisions prohibit libel and slander, which are punishable with five-year prison terms. The truth of a statement is not a defense.
NGOs alleged that government officials, including police and the judiciary, selectively used criminal defamation to intimidate individuals and restrict freedom of expressions.
On June 22, Andi Dharmawansyah was sentenced to one month in jail for defaming Andi Suryanto Asapa, the former district head of health for Sinjai Regency, South Sulawesi Province. On February 16, Dharmawansyah posted an accusation online that Asapa was the mastermind behind cuts to a compensation fund intended for the heirs of health workers who died from COVID-19.
On September 10, presidential Chief of Staff Moeldoko filed criminal defamation complaints with police against researchers from Indonesia Corruption Watch. The criminal complaint focuses on statements made by the organization in July accusing Moeldoko of having a conflict of interest in promoting the use of Ivermectin as a treatment for COVID-19 because of his daughter’s close relationship with PT Harsen Laboratories, the producer of Ivermectin. Moeldoko denied that his daughter had any business relationship with PT Hansen Laboratories. Prior to filing these charges, Moeldoko sent three cease and desist letters to Indonesia Corruption Watch, the first delivered on July 29. As of year’s end, the Criminal Investigative Agency of the police was investigating the complaint.
On September 22, Coordinating Minister of Maritime and Investment Affairs Luhut Pandjaitan filed criminal and civil defamation complaints with police against Fatia Maulidiyanti, coordinator for KontraS, and Haris Azhar, executive director of the Lokataru Foundation. The complaints focus on statements made by Maulidiyanti in an August 20 video hosted on Azhar’s YouTube channel accusing Pandjaitan of having an economic interest in the conflict in Papua, based on an August report by a coalition of 10 NGOs on mining interests in Papua. Pandjaitan’s lawyers and spokesperson denied the activists’ accusations and stated they lacked a factual basis for claiming Pandjaitan has a conflict of interest in Papua. As of year’s end, the Criminal Investigative Agency was investigating the complaint after efforts to arrange mediation sessions between the parties stalled.
National Security: The government used legal provisions barring advocacy of separatism to restrict the ability of individuals and media to advocate peacefully for self-determination or independence in different parts of the country.
Nongovernmental Impact: Hardline Muslim groups sometimes intimidated perceived critics of Islam. On September 3, a group destroyed an Ahmadiyya mosque in Sintang Regency, West Kalimantan Province. The destruction of the mosque followed protests against the Ahmadi by a group called the Alliance of the Islamic Ummah and an August 14 order by the Sintang regent closing the mosque. Police arrested 22 individuals in connection with the case, naming three of those arrested as potential masterminds of the attack. As of November 24, government officials were investigating the incident and the involvement of hardline groups and the local government.
Criminal groups also reportedly used intimidation and violence against journalists who exposed their operations. On June 13, unknown persons set fire to the house of Syahzara Sopian, a journalist for a local newspaper in Binjai, North Sumatra. On June 26, four unknown armed persons, in an apparent attempt to kill him, attacked Sopian in a cafe; Sopian escaped. As of July 14, police had arrested five individuals and were still pursuing four other suspects in the case. Police reported that the apparent motive for the arson and attempted murder was Sopian’s reporting on an illegal gambling ring operating in the city.
On November 7, a group calling itself the “Homeland Militant Defender Army” threw an explosive device into the house of the parents of human rights activist Veronica Koman in Jakarta, leaving behind a note containing threats and demanding that Koman return to the country. No one was injured in the bombing. Koman went to Australia in late 2019 after police stated she would be arrested on charges of inciting violent protests related to Papua. A police spokesperson stated that the bombing was likely related to Koman’s activism related to the situation in Papua. As of November 24, there has been no update on the status of the police investigation into the attack.
The constitution and law provide for the freedoms of peaceful assembly and association, but the government sometimes restricted these freedoms.
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
The law provides for freedom of internal movement and generally allows for travel outside of the country. The law gives the military broad powers, in a declared state of emergency, to limit land, air, and sea traffic. The government did not use these powers during the year. The government instituted a variety of restrictions on movement intended to prevent the spread of COVID-19. Some NGOs and activists criticized the frequent changes of these restrictions and their inconsistent enforcement.
In-country Movement: The government continued to impose administrative hurdles for travel by NGOs, journalists, foreign diplomats, and others to Papua and West Papua. After the COVID-19 pandemic began, authorities severely limited movement in and out of Papua and West Papua, enforcing these restrictions far more strictly and for a longer period than elsewhere.
The government collects data on displacement caused by natural hazards and conflict through the National Disaster Management Authority, although the lack of systematic monitoring of return and resettlement conditions made it difficult to estimate reliably the total number of internally displaced persons (IDPs). The Internal Displacement Monitoring Center reported there were 161,000 IDPs due to disasters and 40,000 IDPs due to conflict and violence as of December 2020.
The law stipulates the government must provide for “the fulfillment of the rights of the people and displaced persons affected by disaster in a manner that is fair and in line with the minimum service standards.” IDPs in towns and villages were not abused or deprived of services or other rights and protections, but resource and access constraints delayed or hindered the provision of services to IDPs in some cases, notably for those who fled to the countryside and forests to escape conflict in Papua and West Papua.
The return of persons displaced by conflict in Papua and West Papua was slow and difficult. Fighting in the highlands of Puncak Regency, Papua Province in 2019 led to thousands of displaced persons relocating to the capital of Illaga. The local government recorded that as of June 2, approximately 3,019 persons from 23 villages remained displaced as a result of conflict.
The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, or asylum seekers, as well as other persons of concern.
Access to Asylum: The country is not a signatory to the 1951 UN Refugee Convention and does not allow permanent local settlement or naturalization of asylum seekers or persons judged to be refugees. The government allows refugees to settle temporarily while awaiting permanent resettlement. The law acknowledges UNHCR’s role in processing all refugee status determinations in the country. Regulations establish a detailed refugee management process, outlining the specific responsibilities of national and subnational agencies from the time of refugee arrival to departure for resettlement or repatriation. UNHCR officials reported 13,343 known refugees and asylum seekers were in the country as of August.
Rohingya Muslims were a small but growing segment of the refugee and asylum-seeker population. Members of the community stated they were often denied proper medical treatment. Community representatives alleged the government aggressively monitored them and that they faced severe restrictions on their freedom of movement – for example, Rohingya who married locals were not permitted to leave refugee housing – and faced challenges finding work. In January hundreds of Rohingya who had been residing in a refugee camp in Aceh Province were reported missing, suspected to have been smuggled, or potentially trafficked, to neighboring Malaysia. Officials reported that just 112 refugees remained in the camp, although almost 400 arrived between June and September 2020.
Employment: The government prohibits refugees from working, although it did not strictly enforce this prohibition. In May immigration officials in Wajo Regency, South Sulawesi, arrested two Afghan refugees for working as construction laborers.
Access to Basic Services: The government did not generally prohibit refugees from accessing public elementary education, although many barriers prevented enrollment of more than a small number of refugee children, including lack of access to government-issued student identification numbers. A small number of refugees enrolled in language and other classes in private, refugee-run schools or in NGO-sponsored programs. Refugees have access to basic public-health services through local health clinics, which the government subsidized. Treatment for more serious conditions or hospitalization, however, was not covered under this program. Since early in the year, the government also prohibited refugees from receiving COVID-19 vaccinations, despite repeated requests from refugee advocacy organizations. Some local governments provided vaccines to refugees. Authorities in Aceh vaccinated 81 Rohingya upon disembarkation, and authorities in Banten and Bekasi vaccinated a few hundred refugees.