On 24 September 2024, the Indonesian Supreme Court delivered a significant victory for civil liberties by upholding the acquittal of human rights activists Haris Azhar and Fatia Maulidiyanti (see top image, source: FM). The case, which stemmed from allegations of defamation against Coordinating Minister for Maritime Affairs and Investment Luhut Binsar Pandjaitan, had drawn widespread attention due to its implications for freedom of expression and the right to criticize public officials. The Supreme Court’s decision to reject the prosecutor’s appeal affirms the lower court’s ruling that Azhar and Maulidiyanti did not commit any criminal acts as charged under various articles of Indonesian law, including the Electronic Information and Transactions (ITE) Law.
The case originated from the activists’ public statements regarding alleged conflicts of interest involving Minister Luhut Pandjaitan in mining operations in Papua. During the initial trial, evidence emerged suggesting Luhut’s role as a beneficiary owner of PT Tobacom Del Mandiri, which was involved in business exploration in Papua alongside other companies. The court’s recognition of these facts has sparked calls for further investigation into potential legal violations related to mining activities in the region. The Advocacy Team for Democracy (TAUD), representing Azhar and Maulidiyanti, has urged law enforcement officials to conduct thorough investigations into the alleged conflict of interest and to follow up on recommendations from a study titled “The Political Economy of Military Deployment, Case Study of Intan Jaya in Papua.”
This landmark decision is being hailed as a crucial step in protecting civil liberties and environmental activists in Indonesia. Legal experts argue that the ruling should serve as a precedent for future cases involving the criminalization of activists and human rights defenders. The concept of Anti-Strategic Lawsuit Against Public Participation (SLAPP) has been emphasized, highlighting the importance of safeguarding individuals who speak out on matters of public interest. The Supreme Court’s decision not only supports Haris Azhar and Fatia Maulidiyanti’s cause of demanding accountability but also sends a strong message about the right of citizens to critique public officials without fear of legal repercussions in Indonesia.
