Regulation of the Minister of Communication and Informatics Nr. 5 of 2020 will aggravate restrictions on freedom of expression and data privacy protection in Indonesia

Human Rights News / /

Since its inception in November 2020, the Regulation issued by the Indonesian Ministry of Communication and Information Technology (Kominfo), Regulation Number 5 of 2020 on Private Electronic System Operators (PSEs), has been predicted to become a repressive policy instrument that violates human rights. This Regulation Number 5/2020 (Perkominfo) adds to the long list of threats to freedom of expression, the right to information, and privacy from the Indonesian government. Based on the Perkominfo 5/2020, the government announced in June 2022 that it would block tech companies that do not officially register as PSEs in the country until 20 July 2022, sparking public concern and criticism across the country.

Six soldiers and three civilians arrested for the alleged killing and mutilation of four Papuans in Timika

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Military and civilian perpetrators have killed and mutilated four indigenous Papuans in Timika on 22 August 2022. The military police and the Timika regional police have launched separate investigations into the killing. As of 30 August 2022, the police had discovered body parts of the four victims, which the perpetrators packed in bags and dumped into the river. On 29 August the relatives carried out a peaceful protest demanding justice for the killing and enforced disappearance of Mr Irian Nirigi, Mr Arnold Lokbere, Mr Atis Tini, and Mr Limaniol Nirigi.

Eight Papuan activists found guilty of treason and sentenced to ten months for raising Morning Star Flag

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Eight Papuan activists: Malvin Yobe, Devio Tekege, Ambros Elopere, Maksi You, Paul Sode Hilapok, Luis Sitok, Ernesto Matuan, and Melvin Waine were arrested for raising the Morning Star flag in front of the sports hall (GOR) in Jayapura on 1 December 2021. The police charged the activists with Articles 106 KUHP on treason and Article 110 KUHP on criminal conspiracy against the state. Allegedly the police is unnecessarily prolonging the detention because the evidence against the eight activists is not sufficient to submit the case to the public prosecutor. On 30 January 2022, the police extended the period of detention for another 30 days. Prior to the arrest, Melvin Yobe was undergoing a pulmonary treatment program, while Sode Hilapok was suffering from hemorrhoids. Their health condition of Mr Malvin Yobe and Mr Paul Sode reportedly deteriorated in late January 2022. Mr Hilapok was once permitted to see a doctor while Mr Yobe has not yet received any medical treatment. The trial started at the Jayapura District Court in April 2022 but the first court hearing was adjourned. The trial has finally started on 17 May 2022.
On 29 August 2022, judges at the Jayapura District Court found Mr Melvin Yobe, 29, Mr Melvin Fernando Waine, 25, Mr Zode Hilapok, 27, Mr Devion Tekege, 23, Mr Yosep Ernesto Matuan, 19, Mr Maksimus Simon Petrus You, 18, Mr Lius Kitok Uropmabin, 21, and Mr Ambrosius Fransiskus Elopere, 21, guilty of treason as regulated under Article 106 of the Indonesian Criminal Code (KUHP) (see photo on top, source: Jubi). Previously, the public prosecutor demanded a sentence of one year while the lawyers had pleaded for acquittal for the defendants.

Two indigenous women from Sihaporas Lamtoras injured due to joint forces intervention in customary land dispute in North Sumatra

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On August 22, 2022, hundreds of members of the Police from the Simalungun Police and members of the TNI from Kodim 0207 Simalungun carried out repressive actions against the Sihaporas indigenous community in Pematang Sidamanik district, Simalungun Regency, North Sumatra Province. The indigenous people of Sihaporas Lamtoras were protesting the business activities of PT Toba Pulp Lestari (PT TPL) in their ancestral territory and aimed to stop them until the land dispute is settled. The brutality of the joint security forces in Simalungun resulted in a woman being injured by a rubber bullet.

Police disperse protest in tourist town Labuan Bajo, East Nusa Tenggara Province – many protesters arrested

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On 1 August 2022, the police repressively dispersed a peaceful demonstration by mostly members of the Tourism Care Community Forum (Formapp) in Labuan Bajo against the government’s tourism management policies for Komodo National Park (KNP). For Formapp, the policies are unilateral and detrimental to residents, and the main issue is the increased entrance fees for the KNP. Labuan Bajo is a gateway town to the KNP, it is located in Komodo, West Manggarai Regency, East Nusa Tenggara Province.

Joint security forces kill IDP in Yahukimo Regency

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On 5 July 2022, security force members of the Damai Cartenz shot dead indigenous Papuan, Mr Uakhele Giban in the Suru Suru District, Yahukimo Regency. He has been living with his family in a temporary shelter in there since November 2021 and was using his motorboat for river transportation services to generate an income to support his family.

Conflict between palm oil company PT FPIL and community of Sumber Jaya Village in Jambi Province leads to the criminalisation of small farmers

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On August 4, 2022, hundreds of peasants from Sumber Jaya Village, Kumpeh Ulu District, Muaro Jambi Regency demonstrated in front of the ATR/BPN office. The peasants voiced their rights regarding the 322 hectares of land currently claimed by the palm oil company PT Fajar Pematang Indah Lestari (PT FPIL) and protest the criminalisation of peasants in Sumber Jaya Village.
PT FPIL accuses peasants of starting to occupy land legally included in the company’s Cultivation Rights Title (HGU) area and stealing their palm fruit in that area. Meanwhile, peasants feel they are entitled to the land because it was always their land, passed down for generations until a plantation company named PT Purnama Tausar Putra sized it in 1998 before being taken over by PT FPIL in 2015.

Kaimana: protest dispersed on 14 July 2022, 2 injured

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A crowd of several hundred protesters gathered in various locations in Kaimana on 14 July 2022. Police officers blocked the roads to the local parliament. According to information received, police officers beat two protesters with wooden batons. The police dragged them off the bike and forced them to enter one of the trucks. One of the victims, Mr Aser Bary, was beaten with a wooden baton and sustained bruises on his chest and back as a result of the excessive force applied against him.

Jayapura: protest against formation of new provinces dispersed on 14 July 2022, four injured

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The Papua Peoples Petition (PRP) submitted a registration letter for a protest on 11 July 2022. According to media sources, the Jayapura police chief mobilized 2,000 police officers to prevent the protest. Dozens of police officers dispersed a group of about 30 students at the entrance gate to the Cenderawasih University campus in Waena, Jayapura. A video of the crowd control operation shows police officers wearing helmets and heavy gear beating the protesters.

What’s wrong with the Indonesian justice system? Trials in Maybrat provide an insight

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A case of torture and violation of the right to fair trial in the Maybrat Regency provides an insight into the justice system. The seven indigenous Papuans were arrested and prosecuted for their alleged involvement in the attack on a military post in Kisor Village on 2 September 2021. The majority of the defendants were internally displaced shortly after the attack. Four were allegedly minors, but only one of them was tried under the juvenile justice system. Fourteen-year-old Lukas Ky was found guilty of murder and sentenced to eight years imprisonment.