68. Komnas HAM recommends the Government evaluate JMR No. 8 and 9 of
2016 to avoid the tendency to limit and discriminate against the freedom of
religion or beliefs.
Freedom of expression
69. Komnas HAM notes that several discussions inside the universities concerning
the situation of Papua were disbanded by the Indonesia National Police using
the reason for not having a permit. One of the incidents happened in Surabaya
when the discussion held by the Student Press Agency (Lembaga Pers
Mahasiswa/LPM) of Electronic Engineering Polytechnic Institute of Surabaya
on the Framing Media and Hoax: Papua in the Perspective of the Mainstream
Media was disbanded by the local police and university security officer.
70. The Ministry of Communication and Information of Indonesia conducted an
internet shutdown on 21 August 2019 during the mass protest in Jayapura,
Papua. The reason for the internet shutdown was to stabilize the situation in
Papua and to prevent the spreading of hoaxes that may be able to escalate the
situation. The internet shutdown resulted in the people outside the island of
Papua being unable to access the situation in Papua and vice versa.
71. This action by the Ministry of Communication and Information was then sued
by the Indonesia Journalist Association (Asosiasi Jurnalis Indonesia/AJI) and
Southeast Asia Freedom of Expression Network (SAFEnet) through the State
Administrative Court in Jakarta on 21 November 2019 with Defendant I, the
President of the Republic of Indonesia and Defendant II, the Minister of
Communication and Information. This lawsuit was later won by AJI and
SAFEnet and the Government of Indonesia was declared against the law on
the verdict dated 3 June 2020.
72. Threats to freedom of expression also occurred to Heri Budiawan a.k.a Budi
Pego, a human rights defender/ environmental activist. During a
demonstration to reject the operation of a gold mining company in his village,
a banner with the symbol of communism appeared unknowingly. Budi Pego
then was charged with spreading communism. Since then Budi Pego has been
undergoing court proceedings, from district level court, higher court, and
supreme court.
Peaceful assembly
73. Restrictions to freedom of peaceful assembly still occur in the Papua region.
On 10 November 2021 a public meeting at Jayapura University of Science and
Technology (USTJ) Papua, in conjunction with the commemoration of the
21st year of the death of Theys Hilo Eluay, a prominent liberation Papua
activist was dissolved. 15 (fifteen) people were brought to Jayapura Police
Headquarters for questioning, with 9 (nine) of them named as suspects.