Turning Critics into Criminals

The Human Rights Consequences of Criminal Defamation Law in Indonesia

Map of Indonesia

Summary

Methodology

I. Freedom of Expression in Indonesia

II. The Legal Framework: Criminal Defamation Law in Indonesia

Defining Defamation

Criminal Defamation Law in Indonesia

Constitutional Court rulings on Free Expression and Criminal Defamation

III. Types of Behavior Criminalized by Indonesian Defamation Law

Peaceful Protests against Corruption and Official Misconduct

Publicizing Consumer Complaints and Business Disputes

Requesting Information from or Lodging Complaints with Authorities

Media Reporting on Sensitive Topics

IV. Inadequate Legal Safeguards and Irregularities in the Enforcement of Criminal Defamation Law

Police Policy Regarding Criminal Defamation Complaints against Anti-Corruption Whistleblowers

The Press Law..

The Consumer Protection Law..

Conflicts of Interest and Procedural Irregularities

V. The Effects of Criminal Defamation

Consequences of the Criminal Process

Imprisonment and Other Sanctions

Chilling Effect

Criminal Vs. Civil Defamation

VI. Official Justifications for Criminal Defamation Law in Indonesia

Criminal Defamation Law Is Necessary To Protect Public Order

Criminal Defamation Laws Are Simply Being Misapplied

VII. International Standards

Criminal Defamation

Human Rights Defenders

Alternatives to Criminal Defamation

VIII. Recommendations

To the Indonesian President

To the Minister for Law and Human Rights

To the Minister for Communication and Information Technology

To the Indonesian Parliament

To the Attorney General and Chief of National Police

To the Governments of the United States, Australia, the Netherlands, the EU, and the UK

To the World Bank and Asian Development Bank

IX. Acknowledgements

X. Appendix: Communication to Indonesian Government Officials