Weekly Update Human Rights in Indonesia 28-03-2022: Right To Freedom of Expression

Weekly Update Human Rights in Indonesia 28-03-2022
First, supporting the government in the creation of new autonomous

regions (DOB) in Papua. Second, demanding that non-government
Right to freedom of expression organisations (NGOs) such as Amnesty not create narratives that tend to
side with armed criminal groups (KKB) in Papua.
Former Timor militia protest at Amnesty's Jakarta office over Third, support the TNI (Indonesian military) and Polri (Indonesian police)
in taking firm actions against groups which threaten the integrity of the
its stand on West Papua
Unitary State of the Republic of Indonesia (NKRI). And fourth, demanding
Tempo - March 18, 2022
that legal action be taken against Papuan students who held a protest
Fajar Pebrianto, Jakarta -- Amnesty International Indonesia has action in front of the Home Affairs Department several days ago which
responded to a protest action held by the social organisation the Jakarta turned anarchic.
Red-and-White Militia (Laskar Merah Putih, LMP) in front of its offices.
Hamid continued saying that Amnesty will continue asking the
The protest was held in relation to recent problems which are occurring
government to conduct an investigation into all human rights violations in
in Papua.
Papua. 1
"We consider this to be an expression of freedom of opinion", said
Amnesty is also asking the government not to make unilateral policies
Amnesty International Indonesia Executive Director Usman Hamid when
which impact of the rights of indigenous Papuans which are guaranteed
contacted on Friday March 18.
under the Special Autonomy Law or Otsus.
Amnesty, said Hamid, will continue to articulate its concerns about
Amnesty is also asking the government to postpone the implementation
human rights violations in Papua, particularly the rights of indigenous
to recent revisions the Otsus Law because the Constitutional Court (MK)
Papuans which are increasingly being ignored, and not excepting violence
is currently testing the constitutionality of the law. "Until the MK hands
against non-Papuan civilians and security personnel.
down a ruling, it would be best if the government postpones it", he said.
The protest action held by members of the LMP on Thursday March 17
President Joko Widodo or Jokowi has already signed off on Law Number
was held at two different locations, the Amnesty office and the Foreign
2/2021 on Papua Special Autonomy as a revision to Law Number
Affairs Ministry. The organisation conveyed four demands based on a
21/2001.
copy received by Tempo.
This Amnesty International clipping service is compiled from public sources for information of Amnesty International members and others interested in
developments in the human rights field in Indonesia. To be included in or to unsubscribe from the mailing list, write to m.meijer@amnesty.nl .
After only a few months, the Papua People's Council (MRP), which therefore asking the government to postpone the formation of DOBs in
represents the cultural interests of indigenous Papuans, challenged the Papua.
new Otsus Law in the Constitutional Court. The preliminary hearing at the
In relation to armed groups in Papua meanwhile, right from the start
Constitutional Court was held virtually on Wednesday September 22,
Amnesty has rejected the discourse promoted by National
2021.
Counterterrorism Agency (BNPT) Commissioner General Boy Rafli Amar
"The plaintiffs argue that the norms in the stipulations of Article 6 on classifying Papuan armed groups affiliated with the Free Papua
Paragraph (2), Article 6A, Article 28, Article 38, Article 59 Paragraph (3), Movement (OPM) as terrorist organisations.
Article 68A, Article 76 and Article 77 of the Papua Otsus Law violates their
According to Hamid, classifying armed groups affiliated with the OPM as
constitutional rights as indigenous Papuans", read a written release on
terrorist organisations will not bring an end to the human rights violations
the Constitutional Court official website.
suffered by the Papuan people because many of these are allegedly
One aspect of the implementations of the new Otsus Law is the formation committed by state security forces.
of new DOB or the splitting up of the Papua region into six new provinces.
"With regard to the acts of armed criminals which are committed by non- 2
It is the planned DOB which has attracted such great deal of protest that
state actors it would be best to continue using a law enforcement
has been continued despite the law being challenged at the
approach", said Hamid in a written release on Tuesday March 23, 2021.
Constitutional Court.
Rather than labeling them as terrorist, Amnesty is pushing for a legal
Amnesty is urging the government to postpone the plan to create DOB in
approach to all violations which take place in Papua -- weather they are
Papua and has criticised several articles in the new Otsus Law which
committed by KKB, OPM, police or the National Intelligence Agency (BIN).
abolish the need for agreement from the MRP before creating new
"So they are all treated the same before the law", he said.
regions.
Tempo has tried to contact the Jakarta LMP commander Agus Salim with
According to Hamid, the DOB cannot just be implemented if the aim is to
regard to the protest action at the Amnesty office but as of this report
bring government services closer to the public.
being submitted, Salim has not yet responded.
However he is asking that the policy not violate the procedures in the
Quoting from its official website laskarmerahputih.co.id, the LMP was
Otsus Law on the question of agreement from the MRP. Amnesty is
born in East Timor when it was seeking to separate from Indonesia
[through a UN sponsored referendum in 1999]. The group did not want
East Timor to separate from Indonesia although in the end it acceded to

the decision of the government at the time.
'I can be jailed but the truth of business-military links in
The Jakarta LMP is also recorded as receiving grants from the Jakarta
provincial government in 2017 under the governorship of Anies Papua cannot': Activist
Baswedan and Deputy Governor Sandiaga Uno. Kompas.com - March 19, 2022
The value of the grant received by the social organisation established in Rahel Narda Chaterine, Jakarta -- Activist Haris Azhar has spoken out
December 2000 was initially planned to increase by five times from the about the decision by police to declare him a suspect on charges of
100 million rupiah it received 2017 to 500 million rupiah in 2018. alleged defamation against Coordinating Minister for Maritime Affairs
and Investment Luhut Binsar Pandjaitan.
Later on however it returned to 100 million during a meeting of the
Jakarta Regional House of Representatives (DPRD) Budgetary Committee. Azhar says that he can indeed be physically imprisoned, but the truth of
"The DPRD of course had a rational consideration, that the budget must what he said on the economic and political facts behind the military
forces on poor and less well-off communities", said Uno when speaking at deployments in Intan Jaya, Papua, is the truth.
3
the Jakarta City Hall on Wednesday November 29, 2017. Aside from Azhar, who is the executive director of the Lokataru
Tempo has also tried to contact Foreign Affairs Ministry spokesperson Foundation, Commission for Missing Persons and Victims of Violence
Teuku Rezasyah about the LMP protest action in front of its office but (Kontras) Coordinator Fatia Maulidiyanti has also been declared a suspect
although a WhatsApp message sent to him has been read there has been in the same case. "My body, physically I, and I'm also sure Sister Fatia, we
no response as of this article being posted. can be imprisoned. But the truth which we spoke about in the video on
YouTube cannot be imprisoned", said Azhar during a press conference on
[Translated by James Balowski. The original title of the article was Saturday March 19.
"Amnesty Sampaikan Sikap soal Papua Usai Unjuk Rasa Laskar Merah
Putih".] "The suffering of the Papuan people cannot be silenced or put in prison.
The suffering of the Papuan people, particularly those in Intan Jaya, they
will continue to cry out seeking help", he said.
Azhar also believes that his declaration as a suspect is a form of respect.

Moreover Azhar is of the view that his declaration as a suspect is a facility
which has been given to him by the state because he has revealed a fact. Greenpeace Indonesia and Trend Asia titled "The Political Economy of the
"I believe that this is a form of respect for me, I believe that it is a facility Placement of the Military in Papua: The Intan Jaya Case".
that the state has given to me when we speak out or assist in uncovering
Quoting from the Kontras.org website, the study shows the relationship
a fact", he asserted.
between mining company concessions with the placement and
According to Azhar, the facts which he is referring to are the facts related deployment of the military in Papua by examining one case in the Intan
to the existence of a conflict of interest in Intan Jaya. The parties which Jaya regency.
are often involved in conflicts of this kind, according to Azhar, are people
In the report, there were four such companies in Intan Jaya which were
who hold dual positions, namely as businesspeople and at the same time
identified, namely PT Freeport Indonesia (mining), PT Madinah
public officials.
Qurrata'Ain (mining), PT Nusapati Satria (mining) and PT Kotabara
Information on Haris Azhar and Fatia Maulidiyanti being declared Miratama (mining).
suspects has been confirmed by Metro Jaya regional police public
Two of these four companies, namely PT Freeport Indonesia (PTFI) and PT
relations division head Senior Commissioner Endra Zulpan.
Madinah Qurrata'Ain (PTMQ) are gold mining concessions which were 4
"Yes, both of them (Azhar and Maulidiyanti) have been declared identified as having a relationship with the military or police.
suspects', said Zulpan when sought for confirmation on Saturday.
Previously, Panjaitan denied accusations that he was criminalising Azhar
The case began with a discussion between Azhar and Maulidiyanti which and Maulidiyanti. The accusation was made by one of the members of
was broadcast on YouTube in which they highlighted the results of an Maulidiyanti's team of lawyers, Julis Ibrani. "There's nothing of the kind
investigation by several non-government institutions on Pandjaitan's here. I've never had time to think like that, I've already got lots of work",
alleged involvement in mining businesses in Intan Jaya. said Panjaitan at the Metro Jaya police on Wednesday September 22,
2021.
The subject of the discussion between Azhar and Maulidiyanti was based
on the results of a report by the Indonesian Legal Aid Foundation (YLBHI), Panjaitan reported Azhar and Maulidiyanti because he believes that their
the Indonesian Forum for the Environment (Walhi) National Executive, statements were irresponsible. The former Coordinating Minister for
the People's Earth Heritage Foundation (Pusaka), Walhi Papua, the Papua Security, Politics and Legal Affairs even claimed to have asked Azhar and
Legal Aid Foundation (LBH), the Commission for Missing Persons and Maulidiyanti for the evidence resulting from the research. "I'm entitled to
Victims of Violence (Kontras), the Mining Advocacy Network (Jatam), defend my rights. I've already asked for the evidence (from Azhar and
Maulidiyanti) but it doesn't' exist. They said the research, doesn't' exist", Indonesia and Trend Asia along with #BersihkanIndonesia
said Pandjaitan. (#CleanUpIndonesia).
[Translated by James Balowski. The original title of the article was "Haris The results of the research showed a correlation between the
Azhar Usai Jadi Tersangka Pencemaran Nama Baik Luhut: Saya Bisa deployment of the military in Papua and mining company concessions
Dipenjara, tapi Kebenaran Tidak".] there. And the results of an examination of the dossiers or company
deeds found the alleged involvement of retired military and police
Civil Society Coalition insists alleged defamation against officers and even generals who are still active.
Minister Luhut based on fact
"And when the company deeds were investigated further it revealed the
CNN Indonesia - March 24, 2022
names of generals including revealing the name of Luhut Binsar
Jakarta -- The Civil Society Coalition insists that the emergence of Panjaitan", said Isnur during a virtual press conference on Wednesday
Coordinating Minister for Maritime Affairs and Investment (Menko March 23.
Marves) Luhut Binsar Pandjaitan's name in a video discussion between
"In the block there was indeed a very strong correlation with a company 5
Haris Azhar and Fatia Maulidiyanti was based on research and
where he was included in the company deeds where as the owner of the
investigation data.
Tobacom Del Mandiri he is recorded as a shareholder of Tambang Raya
The video of the discussion -- which was broadcast on YouTube -- was Sejahtera", he added.
based on a report by nine non-government organisations and titled "The
Still based on the research, Isnur said that Pandjaitan was also involved in
Political Economy of the Placement of the Military in Papua: The Intan
efforts to resolving a problem with West Wits Mining which had a Not
Jaya Case".
Clear status which was later changed to Clear and Clean status.
Indonesian Legal Aid Foundation (YLBHI) Director Muhammad Usnur
According to Isnur, the change in the company's status occurred when
explained that the research was conducted by the YLBHI together with
Pandjaitan held the post of acting State Minister for Energy and Mineral
the Indonesian Forum for the Environment (Walhi) National Executive,
Resources (Menteri ESDM), when Minister Arcandra Tahar was caught up
the People's Earth Heritage Foundation (Pusaka), the Papua Legal Aid
in problems of his citizenship status. Because of this, it is alleged that
Foundation (LBH Papua), the Commission for Missing Persons and Victims
there was a conflict of interest by what was done by Pandjaitan.
of Violence (Kontras), the Mining Advocacy Network (Jatam), Greenpeace
"He held two posts, Menko Marves and then Menteri ESDM at a time Defending civic space
close to the change in status or change in the condition of West Wits The Jakarta Post, 23-03-2022
from Not Clear and Clean to then getting the status Clear and Clean in
2017", said Isnur. Indonesia’s democracy is not perfect. It never has been. It is, at best, a
work in progress. That being said, we believe our democracy has seen
Isnur also asserted that all of the findings in the research are based on better days. Indonesia was once lauded for our remarkable
documents which were obtained legally and through official channels. transformation from an autocracy into a vibrant democracy after the fall
"And that is undeniable and in the context of criminal law is not a crime. of the authoritarian New Order regime in 1998.
It represents part of the rights and obligations of citizens to participate in Prodemocratic scholars and politicians alike have noted our many
the context of human rights", he said. achievements since, including a bigger civic space, a boom in independent
Isnur explained that Kontras Coordinator Fatia Maulidiyanti was indeed media, free and open elections, a competitive multiparty system and a
selected as a speaker in the YouTube video based on an agreement depoliticized military.
between the nine organisations involved in the research. But recent developments have painted a less rosy picture of our 6
The aim was so that the research results could be more easily understood democracy. The consensus among scholars is that Indonesia is currently
rather than having them read as a piece of research. Azhar and experiencing democratic regression, if not an illiberal democracy, or
Maulidiyanti were declared suspects on charges of alleged defamation worse, an authoritarian turn.
based on a report submitted earlier by Pandjaitan with the Metro Jaya As our society becomes increasingly polarized along political and
regional police. They were reported over the content of a video titled ideological lines, the use of draconian legislation to silence critics has now
"There is Lord Luhut behind the Economic Relations-Military Operations become the norm, such as the infamous Electronic Information and
in Intan Jaya!! There are also State Intelligence Agency Generals!!". The Transactions (ITE) Law and the 1965 Blasphemy Law. Politicians no longer
video was uploaded on Azhar's YouTube account. have reservations in using – or abusing – such laws to persecute people
[Translated by James Balowski. The original title of the article was "Koalisi for simply expressing their views.
Sipil Tegaskan Haris-Fatia Bicarakan Luhut Didasari Data".]
While the ITE Law has long been used by those in power to silence their
critics, particularly those from the minority opposition with no legislative
seats, it has rarely been used to prosecute high-profile rights activists. The
case brought against Haris and Fatia has inevitably caused a chilling effect
on free speech.
In addition to legalized intimidation and repression, physical intimidation

has also been used to further narrow our civic space. That same week,
the Jakarta headquarters of Amnesty International Indonesia was
surrounded by so-called militia members, protesting the organization’s
call for truth and reconciliation in Papua.
It is worth noting that our civil rights are also at stake in cyberspace. The
Coming into the final years of President Joko “Jokowi” Widodo’s administration, civil society
Southeast Asia Freedom of Expression Network (SAFEnet) recorded 193
organizations (CSOs) are increasingly expressing concern for the state of democracy and human digital attacks against activists, individuals, students and journalists in 7
rights. 2021, up from 147 the year before. The cyberattacks included hacking,
In a controversial move last week, the Jakarta Metropolitan Police data extraction, phishing, digital impersonation and doxing.
charged human rights activists Haris Azhar and Fatia Maulidiyanti under It may be true that democratization in Indonesia is largely an elitist
the ITE Law for allegedly defaming Coordinating Maritime Affairs and process that has constantly been threatened with co-option by the
Investments Minister Luhut Pandjaitan in a YouTube video. The two can politico-economic elite who have excessive influence in our democratic
face up to six years in prison. institutions. This may explain why our democracy appears to be either
Luhut, a former Army general and a close confidant of President Joko stagnating or regressing, with no signs of maturing. That contention is by
"Jokowi" Widodo, had accused the activists of spreading false information no means a rationale for political apathy, however. It is, in fact, a wake-up
through their allegations that the businesses of several high-ranking call for us to defend our civic and political space.
officials, including his, had contributed to escalating military activities in
Intan Jaya, Papua. The allegations are based on a report released by the
Bersihkan Indonesia (Clean Indonesia) Coalition.
Papua meeting, when the police officer arrived an attack took place against the
officer", said Urbinas. When police tried to arrest Tabuni, they
encountered resistance and they became involved in a fist fight with the
Buchtar Tabuni and 6 others arrested for alleged assault on police officers. "There were two of our officers who were also hit by the
cop in Jayapura group, but all of them are okay", he said. Urbinas also confirmed that the
Kompas.com - March 24, 2022 seven will not be detained but will be released immediately after being
questioned.
Jayapura -- The Jayapura city municipal police arrested Buchtar Tabuni
and Bazoka Logo along with five others for attacking a police officer in the The ULMWP is one of two organisations cited by former Indonesian police
Heram district of Jayapura on Thursday March 24. chief General Tito Karnavian as being the masterminds behind the rioting
in Jayapura city and Jayawijaya in 2019. The other organisation is the
Tabuni and Logo are members of the United Liberation Movement for West Papua National Committee (KNPB).
West Papua (ULMWP) which his chaired by Benny Wenda.
[Translated by James Balowski. The original title of the article was "Nekat
"Correct, Buchtar Tabuni and Bazoka Logo along with five other people Pukul Anggota Polisi di Papua, 2 Tokoh UMLWP Ditangkap".] 8
were arrested", said Papua regional police chief Inspector General
Mathius D Fakiri in an SMS message on Thursday.
Police officers assaulted OPM rejects peace talks with Jakarta unless mediated by UN
CNN Indonesia - March 25, 2022
Jayapura city municipal police chief Senior Commissioner Gustav Urbinas
explained that the seven were arrested for assaulting a police officer. Jakarta -- The West Papua National Liberation Army-Free Papua
According to Urbinas, police personnel initially received information that Organisation (TPNPB-OPM) has rejected peace talks with the government
Tabuni and Logo were holding a private meeting at Tabuni's residence. if it is only mediated by National Human Rights Commission (Komnas
HAM). They are also asking President Joko "Jokowi" Widodo to be
Because there were suspicions that the meeting conflicted with the state
prepared to sit down with them at the negotiating table.
ideology, First Brigadier Dedi Hermawan went to Tabuni's home to make
an appeal [for the meeting to stop]. The move however in fact ended in TPNPB-OPM spokesperson Sebby Sambom said that they want the
the seven attacking Hermawan. "The perpetrators were holding a private peaceful dialogue or negotiations to be mediated by the United Nations
(UN) because the armed conflict in Papua is already on an international Last week, Komnas HAM along with the Komnas HAM Papua
scale. representative office began sounding out peaceful dialogue by meeting
with a series of groups in Papua on March 16-23.
"In principle we agree if the negotiations are in accordance with UN
mechanisms, but we are not interested in Indonesia's methods"< said In the initial stage, Komnas HAM is endeavouring to hear and ask for the
Sambom in a written release on Friday March 25. views of key parties on the issue, especially the OPM, both those within
the country as well as those overseas. The other key people are religious,
Sambom said that they also do not want to hold the dialogue in Indonesia
traditional community and intellectual figures. (yla/fra)
but want it to be held in a neutral country in accordance with UN
mechanisms. "The negotiations must be held in a neutral country, in [Translated by James Balowski. The original title of the article was "OPM
accordance with UN mechanisms", he said. Tolak Dialog Damai Ide Komnas HAM, Hanya Mau di PBB".]
Sambom remarked that President Widodo must be aware and must have
the courage to sit down at the negotiating table with the TPNPB-OPM's
negotiating team. He also reminded Widodo that the UN is an 9
international institution which can act as a mediator in resolving armed
conflicts. "In the statement to Jakarta we are asking that Indonesian
President Jokowi be aware and have the courage to sit at the negotiating
table with the TPNPB-OPM's negotiating team together with all the
delegates from the organisations which are struggling [for
independence]", he said.
Earlier, the Komnas HAM claimed it would initiate peace talks between
the government and the OPM. The Komnas HAM also claimed that the
proposal for talks had been agreed to by the government, ranging from
President Widodo, Coordinating Minister for Security, Politics and Legal
Affairs Mahfud MD to the TNI (Indonesian military) and Polri (Indonesian
police).

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Weekly Update Human Rights in Indonesia 28-03-2022

First, supporting the government in the creation of new autonomous

East Timor to separate from Indonesia although in the end it acceded to

Azhar also believes that his declaration as a suspect is a form of respect.

In addition to legalized intimidation and repression, physical intimidation

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