Komnas HAM, Indonesia LOIPR ICCPR identified 5 dead victims, along with many injured and 15 journalists who fell victim to violence. 37. Other cases also drew significant public attention. Dandhy Laksono was arrested for his jokes about the violence in Jayapura and Wamena and was accused of inciting hate speech. The ITE Law was also used against Ananda Badudu and Veronica Koman who were considered to have violated the ITE Law. Saiful Mahdi, a lecturer at Syiah Kuala University (Unsyiah) University, was charged by the ITE Law for expressing his criticism directly to the academics through WhatsApp group regarding irregularities he found in the Civil Service Exam. The same law was also used against musician Ahmad Dani.2 38. The suspension of internet service policy was carried out in Papua in August 2019 by the Ministry of Communication and Information on the grounds of security and order in Papua and its neighboring regions on the basis of Article 40 paragraph (2a) and (2b) of the ITE Law. 39. With regard to the suspension of internet service carried out by the Ministry of Communication and Information, it should be noted that suspension should be carried out by an independent body. In addition, there is no mechanism for recovery in such case of suspension of internet service. List of issues: 1) How is the mechanism for restricting freedom of opinion and expression not contradictory to a person’s rights according to the principles of human rights, including the application of the multi-interpretable ITE Law? 2) The MOU with the Police is a positive modality to guarantee freedom of opinion and expression. How does Indonesia promote the effectiveness of the MOU between Komnas HAM and the Police in guaranteeing freedom of opinion and expression in an accountable and transparent manner, as well as the MOU between the Press Council and the Police? 3) How can internet service management guarantee accountable and independent freedom of opinion and expression so that incident like the internet shutdown in Papua, the 21-23 May and 24-30 September 2019 events, will not be repeated without accountability and transparency? 4) How does the legal framework in the future accommodate potential conflicts between freedom of opinion and expression and individual reputation, as part of provisions of the civil law? f. Access to justice and excessive use of authority 40. Komnas HAM took note that fulfilment of rights to justice has not been carried out properly. This is particularly evident in agrarian conflicts, mining, eviction, or cases involving minority, vulnerable and marginal groups. State officials have not worked SAFEnet compiled the cases in the Supreme Court and noted that, in 2018, there were 292 cases related to the ITE Law, more than double the previous year (140). Cases in 2018 even exceeded the total cases from 2011 to 2017 (216 cases). The total number of cases related to the ITE Law in Supremem Court over in the last five years has reached 508 cases (SAFEnet, Treacherous Path towards Digital Rights SAFEnet Annual Report, Denpasar: SAFEnet, 2018). 2 9

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