Section 1. Respect for the Integrity of the Person
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.
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.