The
Observatory has been informed by the Commission for the Disappeared
and Victims of Violence (KontraS) about the acquittal of Fatia
Maulidiyanti,
former Coordinator of KontraS, FIDH’s Vice President, and
OMCT General Assembly member,
and Haris
Azhar,
Executive Director of Lokataru. KontraS is a human rights
organisation formed by a number of civil society organisations and
community leaders in 1998 to monitor human rights issues in Indonesia
and handle cases of enforced disappearances and victims of state
violence. Lokataru Foundation is an organisation working for the
realisation of a collaborative and meaningful positive engagement
among state, communities,
and private sectors based on human rights values and the rule of law
principles, by fighting abuse of power, corruption, and human rights
violations.
On
January 8, 2024, the East Jakarta District Court acquitted Fatia
Maulidiyanti and Haris Azhar of criminal defamation charges after
more than two years of judicial harassment, in
a case that revealed
flaws and deficiencies
in Indonesia’s legal system.
The two human rights defenders were prosecuted under charges of
“attacking someone's honour or reputation with accusations” and
“defamation” (Articles 310 and 311 of the Criminal Code,
respectively) as well as under Article 45(3) of the amended
Electronic Information and Transaction (EIT) Law1,
for speaking out about state corruption and human rights violations
perpetrated in Indonesia’s Papua region.
The
Observatory recalls that on August 26, 2021, Luhut Binsar Pandjaitan,
the Indonesian Coordinating Minister for Maritime Affairs and
Investment, sent
a subpoena
through his legal representatives to Haris Azhar and Fatia
Maulidiyanti’s attorneys in relation to a talk show video2
posted
on Haris Azhar's YouTube
channel on August 20, 2021. In the video, Haris Azhar and Fatia
Maulidiyanti discussed the findings of research carried out by
several environmental and human rights organisations, including
KontraS, about the business activities of Indonesian army officials,
both active and retired, in the gold mining sector and their alleged
plans to exploit the Blok Wabu area in Sugapa District, Intan Jaya
Regency, Papua Province.3
The
video claims that Luhut Binsar Pandjaitan owns shares of PT Toba
Sejahtera Group (TS), a company that controls PT Tobacom Del Mandiri
(TDM), one of the mining companies that are involved in the mining
operations in the Blok Wabu area.
In
the subpoena, Haris Azhar and Fatia Maulidiyanti were asked to
explain the reason for posting the video and to apologise to Luhut
Binsar Pandjaitan within five days through Haris Azhar's YouTube
channel, mass media, and online media, and to promise not to
reoffend. Haris Azhar and Fatia Maulidiyanti refused to apologise.
Furthermore, in the subpoena, Luhut Binsar Pandjaitan threatened to
take further legal action should the two human rights defenders fail
to comply with his demands.
On
September 22, 2021, Luhut Binsar Pandjaitan filed
a police report against Haris Azhar and Fatia Maulidiyanti, alleging
that both violated criminal defamation provisions, namely “attacking
someone's honour or reputation with accusations” and “defamation”
(Articles 310 and 311 of the Criminal Code, respectively) and Article
45(3) of the amended Electronic Information and Transaction (EIT)
Law. Luhut Binsar Pandjaitan asked for 300 billion Indonesian rupiahs
(approximately 18 million Euros) in compensation.
On
March 6, 2023, the Jakarta Metropolitan Regional Police submitted the
findings of the investigation opened against the two human rights
defenders to the Attorney General’s Office for their prosecution.
On
April 3, 2023, the criminal defamation trial against Fatia
Maulidiyanti and Haris Azhar opened
before the East Jakarta District Court. On November 13, 2023, during
the 27th
hearing of the trial, the Public Prosecutor requested
that Fatia Maulidiyanti be sentenced to three years and six months in
prison and a fine of 500,000 Rupiah (approximately 30 Euros), and
Haris Azhar be sentenced to four years in prison and a fine of one
million Rupiah (approximately 60 Euros).
The
Observatory welcomes the acquittal of Fatia Maulidiyanti and Haris
Azhar, but recalls that they should never have been prosecuted in the
first place, as this judicial harassment was only aimed at punishing
them for their legitimate human rights activities and for exercising
their right to freedom of opinion and expression.
The
Observatory calls on the authorities in Indonesia to put an end to
any acts of harassment –including at the judicial level– against
Fatia Maulidiyanti, Haris Azhar, and all other human rights defenders
in the country, and to ensure that they are able to carry out their
legitimate human rights activities without any hindrance or fear of
reprisal.
1
Article 45(3) of Law No. 19 of 2016 Concerning the Amendment to Law
No. 11 of 2008 on Electronic Information and Transactions stipulates
that any person who knowingly and without authority distributes
and/or transmits and/or causes to be accessible Electronic
Information and/or Electronic Records with contents of affronts
and/or defamation could be prosecuted. The punishment for this
offence is imprisonment not exceeding four years and/or a fine not
exceeding seven 150 million Indonesian rupiah.
2
The video is entitled "Ada Lord Luhut dibalik Relasi
Ekonomi-Ops Militer Intan Jaya!! Jenderal BIN Juga Ada!!” [“There
is Lord Luhut behind the Economic Relations-Military Operations
Intan Jaya!! The General of the State Intelligence Agency is also
there!!].
3
Mining operations in the Blok Wabu area have been linked to
extrajudicial killings, land grabbing, and environmental
degradation, which have resulted in the displacement of members of
the local communities.
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