Human Rights Defenders
64. Human rights defenders (HRDs), including those working for economic, social and cultural rights,
continue to face threats, attacks, intimidation and criminalization for their work. Human rights
defenders have also had their reputations tarnished, given a bad stigma or negative label,
injured and even killed. Violations, threats, or attacks are aimed directly at the HRD as well as
against family, relatives, friends, or close people around the HRD. Human rights defenders who
often face the above risks are mostly those who work to defend the rights of indigenous peoples
affected by the development of infrastructure, mining and large plantation projects, and those
who work against corruption.48
65. In its latest report in 2020, Komnas HAM received complaints related to threats and/or attacks
against human rights defenders in at least 19 cases. Based on these data, violations, threats, or
attacks against human rights defenders include smear campaign, illegal use of legal processes
(criminalization), suppression of the right to associate, attacks or physical violence, disbandment
of activities, and shootings.49
66. In 2021, Komnas HAM received a complaint about the threat of criminalization experienced by
two human rights defenders, Fatia Maulidiyanti and Haris Azhar, who are directors and former
directors of KontraS, a leading NGO in Indonesia. Both were reported by an official of the most
politically influential ministry in this country because they presented the results of a joint NGO
research on the potential involvement of the gold mining business of important officials in an
area of armed conflict in Papua. The presentation was uploaded to a YouTube channel and
immediately went viral. Haris and Fatia face both threats of criminal defamation and a fine of
IDR 100 billion (USD 7 million) under Law no. 19/2016 concerning Electronic and Transaction
Information (ITE). Similar to this case, Komnas HAM also received complaints from two anticorruption activists from ICW (Indonesia Corruption Watch) who also faced the threat of
criminal defamation from another high-ranking official because in a publication made by ICW
they revealed an alleged conflict of interest between himself and his family in the
pharmaceutical business during a pandemic.50
67. Criminal defamation and “incitement to SARA (Ethnicity, Religion, Race, and Inter-Groups)”
under the ITE Law are often misused by public officials or non-state actors to criminalize
defenders of human rights and freedom of expression. The government itself is currently
carrying out In the process of revising or amending the ITE Law, particularly for the two crimes
above, public officials still continue to use these provisions to silence legitimate criticism, while
Article 66 of Law No. 32/2009 on Environmental Management and Protection Life clearly
ensures that environmental HRDs in their work cannot be threatened by civil and criminal
lawsuits. Unfortunately so far, law enforcement officials have not implemented this provision.
68. The COVID-19 pandemic has also made the work of human rights defenders in Indonesia more
difficult. Starting from the ratification of the amendments to the Mineral and Coal Mining Law
or Minerba (UU No. 3/2020) and the Job Creation Law (UU No. 11/2020)) which drew various
protests because they were considered increasingly threatening the space for human rights
48
Komnas HAM, Standar Norma dan Pengaturan (Norm and Regulation Standard) Nomor 6 Tentang Pembela
Hak Asasi Manusia (Human Rights Defenders), 2021, p. 2, can be accessed at
https://www.komnasham.go.id/files/1635987255-standar-norma-dan-pengaturan-nomor-$O5FFZ.pdf.
49
Komnas HAM, Standar Norma dan Pengaturan Nomor 6 Tentang Pembela Hak Asasi Manusia, p. 3.
50
Komnas HAM, Komnas HAM Terima Aduan Tim Advokasi Bersihkan Indonesia, 24 September 2021, can be
accessed at: https://www.komnasham.go.id/index.php/news/2021/9/24/1911/komnas-ham-terima-aduantim-advokasi-bersihkan-indonesia.html.