Activists on Trial: The Weaponisation of Online Defamation Provisions in Indonesia

Abstract

One of the defining features of the administration of President Joko 'Jokowi' Widodo (2014-24) was a dramatic shrinking of civic space. Under his tenure, a significant number of human rights defenders and government critics were charged under the Electronic Transactions and Information Law ('ITE Law'). Two of the highest profile individuals charged under the Law are Fatia Maulidiyanti and Haris Azhar, both former coordinators of influential human rights organisation KontraS (Commission for the Disappeared and Victims of Violence). Fatia and Haris were accused of defamation after they recorded a YouTube video that linked then powerful minister and close Jokowi ally Luhut Pandjaitan to mining interests in Papua. This article examines the case against Haris and Fatia and argues that even though the pair were ultimately acquitted, the case was explicitly designed to muzzle criticism and create a chilling effect in civil society. The article will discuss the case in the context of broader constraints on civic space in Indonesia, and the democratic regression taking place in the country. It will also briefly examine the revised ITE Law passed in late 2023 and consider how online expression will be regulated when Indonesia's controversial new Criminal Code comes into force in early 2026.