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New law viewed as threat to rights of internet users
Jakarta Post - October 28, 2016
The amendments, which were passed on Thursday, have been criticized in the past for providing the government with another tool to suppress the freedom of speech of the country's 132 million internet users.
While the law gives much greater authority to the government to control electronic information, it has little in the way of provisions regulating the control of the use of this power.
The passing of the law has raised questions over the government's commitment to promoting freedom of expression.
The new law could also see civil servant investigators (PPNS) getting involved in police work. The law grants authority to PPNS to accept reports about, and investigate and arrest, internet users suspected of violating the law, as well as to carry out raids related to cybercrime.
Article 43 of the law also stipulates PPNS or police investigators have the right to conduct a raid without having to acquire a warrant from a court as previously stipulated.
Among provisions regarded as particularly draconian are articles on cyberbullying and the right to be forgotten. These have added to the existing controversial articles such as the defamation provisions, which have seen citizens sent to jail for what they posted on the internet.
However, in response to the public outcry, the law reduces the maximum penalties for defamation from six to four years. For offenders found guilty of transmitting electronic information carrying threats, the maximum penalty has also been lowered from 12 to four years.
As a consequence, law enforcers will no longer be authorized to automatically detain suspects charged under these articles, since the Criminal Code Procedures only allow detention for suspects charged with crimes carrying at least five years in prison.
Cyberbullying offenses, which cover bullying using any form of electronic means, also carry four-year sentences as stipulated in Article 45 of the law.
The law also states that a defamation case can only be investigated based on a report, meaning law enforcement bodies can no longer unilaterally launch an investigation without receiving complaints from affected parties first.
On the new provision on the right to be forgotten, the law authorizes the Information and Telecommunications Ministry to order internet providers to remove online stories that complainants claim to be personally damaging to them, after receiving approval from a court.
"This is good because we previously did not have the right to be forgotten," Information and Telecommunications Minister Rudiantara said on Thursday.
Lawmaker TB Hasanuddin, who led the House's team on the amendments, highlighted Article 40, which authorizes the government to block "negative content", or order internet service providers to do so.
"The authority aims at making the government responsible for preventing the spread and the use of electronic information containing information prohibited by existing regulations," the Indonesian Democratic Party of Struggle (PDI-P) politician said.
Anggara of the Institute for Criminal Justice Reform (ICJR) voiced opposition to the law, specifically the provisions regarding the new powers given to PPNS.
"We strongly reject it as it is a setback for basic justice. By scrapping the requirement for law enforcers to get a court order before conducting arrests, detention, raids or seizures, law enforcement bodies could abuse their power and lead to potential human rights violations," he said.
Source: http://www.thejakartapost.com/news/2016/10/28/new-law-viewed-threat-rights-internet-users.html.
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