Komnas HAM, Indonesia LOIPR ICCPR
guaranteeing the organization's activities from all acts of violence or other actions
that reduce freedom of association?
2) How does Indonesia guarantee a credible and fair legal process according to the
principle of a fair trial to test every violation of freedom of association so that what
happened to Gafatar, HTI, Teluk Jambe Farmers Union, and the Pembebasan
Organization do not recur?
3) How does Indonesia guarantee the right to freedom of assembly peacefully from acts
of violence, threats, and dissolution?
e. Freedom of Opinion and Expression
31.
Komnas HAM took note of the excessive restrictions on freedom of opinion and
freedom of expression. During the period of 2017-2019, Komnas HAM received 62
complaints of alleged violations of freedom of opinion and freedom of expression.
32.
Violations of public opinion are still frequently occurring. Generally, they were under
the pretext of applying Law No.9 of 1998 concerning Freedom of Expressing Opinion
in Public. In reality, its implementation is also supported by Regulation of the Head of
Indonesian Police Number 7 of 2012 concerning Procedures for the Provision of
Service, Security, and Delivery of Public Opinion.
33.
Freedom of opinion and expression on the internet is often considered a crime without
clear differentiation between criticism of policies and other restrictions that are in
accordance with principles of human rights. It happens because Article 27 of the
Information and Electronic Transaction (ITE) Law makes room for multiple
interpretations in its implementation. Freedom of opinion and expression are easily
interpreted as pornography, treason, or religious blasphemy, contempt and defamation.
In addition, it also applies to journalists, even though the freedom of press is guaranteed
by the Press Law No. 40 of 1999.
34.
Application of the provisions regarding defamation, contempt, and blasphemy is often
used to limit freedom of expression, including freedom of the press. In 2019, there were
53 reported cases. This is a much lower number compared to 2018, when 64 cases were
reported, while the quality of this violence has not changed, mostly by the security
forces. For violence against journalists specifically, the pattern of committed violence
varies from physical violence to intimidation and persecution.
35.
Violations of freedom of opinion and expression are also often threatened due to the
multiple interpretations of Article 28 paragraph (2) of the ITE Law, which prohibits a
person from intentionally and unlawfully spread information intended to incite hatred
or hostility towards individuals and/or certain groups based on ethnicity, religion, race
and inter-group relations (SARA). This provision threatens the freedom of opinion and
expression.
36.
However, in terms of freedom of expression in public, Komnas HAM still observes
some negative notes. Among the recorded information was an event that took place in
a rally in 21-23 May 2019 between two groups of supporters of the presidential
candidate (Prabowo Subianto and Joko Widodo), where 10 (ten) people were reported
dead and another 200 injured, as well as the event in 24-30 September 2019. Komnas
HAM also monitored the protest rally against revision of the KPK Law and the Criminal
Code Bill on September 24-30, 2019. In the September 2019 event, Komnas HAM
8