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Indonesia: A Teacher in Makassar faces six years of imprisonment for criticising a government official on social media
Asian Human Rights Commission Urgent Appeal - February 15, 2013 (see sample letter below)
Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the arrest of a teacher in Pangkep, Makassar, South Sulawesi. He was arrested on 4 February 2013 following his comment on a social media website which was considered to be offensive to the Regent of Pangkep. He is being charged with a provision under the controversial Electronic Transaction and Information Law (ITE law) which carries a maximum punishment of six years imprisonment.
Case narrative:
The Press Legal Aid Institute office in Padang (LBH Pers Padang) has informed the AHRC that Budiman, a junior high school teacher in Pangkep Regency, Makassar, South Sulawesi, left comments on Facebook responding to the posted picture of Saparuddin Nur, a former Regent who had passed away. On his first comment, Budiman was expressing his hope that there will be another individual from Pangkep Regency who can be as good as the deceased regent - which provoked more comments from other Facebook's users. Budiman later posted a second comment saying 'the incumbent regent is not any better than the former. He is Indonesia's most stupid regent'. Budiman wrote both comments on 29 January 2013.
A few days later on 3 February 2013, Budiman received a phone call from the Secretary of the local office of Youth Education and Sports Ministry in Pangkep, Abdul Hamid. Budiman was asked by the Secretary to clarify his comment on Facebook which was considered to be offensive to the ruling Regent, Syamsuddin Hamid Batara. On the next day on 4 February 2013, Budiman came to the local government office to clarify his comment as requested. However, immediately after getting off his bike, several government officials approached him, apparently with the intention of harming him. Budiman ran for his safety and was hiding in one of the local government office's toilets. He was later found by two civil servants who then took him to Pangkep District Police station at around 11am.
At around 3pm on the same day, Budiman was questioned by the police on the comment he left on Facebook regarding the current regent of Pangkep. The police asked Budiman to sign a letter confirming that he has made an offensive comment on Facebook. The police stopped questioning Budiman at 6pm but at 9pm the questioning began again. The police named Budiman a suspect for violating Article 27 paragraph (3) of Law No. 11 year 2008 on Electronic Transaction and Information Law in conjunction with Article 45 paragraph (1) of the similar law. According to those articles, any individual who is convicted for illegally and deliberately distributing, transmitting and/or making it possible to access any insulting or defamatory electronic information or document may be sentenced to a maximum punishment of six years imprisonment or a fine of one billion rupiah (approximately USD 103,500). Following the questioning Budiman was detained by the police and nobody has been allowed to see him except for his brother and wife.
Budiman was released on bail on 7 February 2013 but due to security risks he opted to remain in police custody.
Additional information:
Defamation is a punishable crime under articles 310 and 311 of the Indonesian Penal Code as well as articles 27 paragraph (3) in conjunction with 45 paragraph (1) of the ITE Law. The provision in the Penal Code criminalises defamation using 'traditional' media whereas the one in the ITE Law specifically prohibits defamation on cyberspace. The punishment carried by the provision in the ITE Law is also more severe than those stipulated in the Penal Code. Whereas the articles in Penal Code only carry a maximum punishment of four years imprisonment, the provision in the ITE Law makes it possible for an individual to be sentenced to six years imprisonment.
The articles in both law have been challenged by individuals and organisations concerned with the issue of freedom of expression to the Constitutional Court. They believe that criminal defamation and the vague definition of it as stipulated in both laws are not in accordance with human rights principles under the notion of the right to freedom of expression. However, the Court dismissed the petitioners' claim in both cases; claiming that the right to freedom of expression is not an absolute right and the protection of other people's reputation is a prerequisite to democracy. The Court was also of the view that everybody has the right to have his or her reputation protected and falsely misinterpreted the articles concerning the right to privacy enshrined in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR).
In his various reports, the UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression has reiterated that defamation should be decriminalised. Instead, civil liability proceedings should be the only form of redress for complaints of damage to reputation. The UN Human Rights Committee, a body established under the ICCPR which has been ratified by Indonesia, shares the view of the Special Rapporteur. In its General Comment No. 34 on Freedoms of Opinion and Expression, the Committee upholds that imprisonment is not an appropriate punishment for defamation.
Suggested action:
Please write to the listed authorities below asking for their intervention in this case. Urge the Regent of Pangkep, Syamsuddin Hamid Batara, to withdraw his complaint to the police as well as to encourage his supporters not to cause any harm to Budiman. Please also write to the police asking them to ensure the safety of Budiman and the relevant law enforcement officials to stop any legal proceeding against him. A letter should be addressed to the Indonesian Parliament as well asking them to review the criminal defamation provisions, both those enshrined under the Penal Code and the ITE Law.
The AHRC is writing separately to the UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression asking him to also urge for the same things to the Indonesian government.
To support this appeal, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAC-021-2013.
Dear ___________,
Indonesia: A Teacher in Makassar faces six years of imprisonment for criticising a government official on social media
I was told that after few days after he posted the comment, Budiman received a phone call from the local government's office on 3 February 2013. The person who called Budiman was Abdul Hamid, the Secretary of the local office of Youth Education and Sports Ministry in Pangkep. Abdul Hamid asked Budiman to clarify the comment concerning the Regent on Pangkep on Facebook, which was considered to be offensive.
On the next day, Budiman came to the local government's office to clarify his comment on the social media as requested. However, immediately after getting off his bike, several government officials approached him, apparently with the intention of harming him. Budiman ran for his safety and was hiding in one of the local government office's toilets. He was later found by two civil servants who then took him to Pangkep District Police station at around 11am.
At around 3pm on the same day, Budiman was questioned by the police on the comment he left on Facebook regarding the current regent of Pangkep. The police asked Budiman to sign a letter confirming that he has made an offensive comment on Facebook. The police stopped questioning Budiman at 6pm but at 9pm the questioning began again. The police named Budiman a suspect for violating Article 27 paragraph (3) of Law No. 11 year 2008 on Electronic Transaction and Information Law in conjunction with Article 45 paragraph (1) of the similar law. According to those articles, any individual who is convicted for illegally and deliberately distributing, transmitting and/or making it possible to access any insulting or defamatory electronic information or document may be sentenced to a maximum punishment of six years imprisonment or a fine of one billion rupiah (approximately USD 103,500). Following the questioning Budiman was detained by the police and nobody has been allowed to see him except for his brother and wife.
I am aware that Indonesia is a state party to the International Covenant on Civil and Political Rights (ICCPR) and that its 1945 Constitution guarantees the right to freedom of expression. I am therefore surprised to learn that defamation is still a punishable crime in Indonesia. Various international and regional human rights bodies have emphasised that defamation should not be criminally punished. The UN Human Rights Committee, for instance, has emphasised that imprisonment is not an appropriate punishment for defamation. This view is shared by the UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression who repeatedly underlines that states should decriminalise defamation and makes civil liability proceedings the only form of redress for complaints of damage to reputation.
Considering these above, I am urging you to stop any legal proceeding against Budiman. The articles used in his case are not in accordance with principles under the right to freedom of expression that the legal proceeding against him in this case is a violation to his basic rights. I also ask you to repeal the criminal defamation provisions, both under the ITE Law as well as under Articles 310 and 311 of the Penal Code. I have been also informed that the supporters of Pangkep Regent have been threatening Budiman that he decided to stay at police custody even though he was released on bail on 7 February 2013. I therefore request you to ensure that his safety is also guaranteed and protected from any harm caused by any party.
I look forward to your swift and adequate response in this case.
Yours sincerely,
Please send your letters to:
1. Mr. Susilo Bambang Yudhoyono
President of Republic of
Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 386 3777, 350
3088.
Fax: + 62 21 344 2223, 3483
4759
E-mail: presiden@ri.go.id
2. Ms. Harkristuti Harkrisnowo
General Director of Human
Rights
Ministry of Law and Human
Rights Republic of Indonesia
Jl. HR Rasuna Said Kav.6-7
Kuningan
Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525
3889, 526 4280
Fax: +62 21 525 3095
3. Gen. Timur Pradopo
Chief of the Indonesian
National Police
Jl. Trunojoyo No. 3
Kebayoran Baru, Jakarta
Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726
0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
4. Ir. Gen. Mudji Waluyo
Chief of South Sulawesi
Regional Police
Jl. AP Pettarani, Ujung
Pandang
INDONESIA
Tel: +62411 441231, 872955
Fax: +62411 442966
5. Mr. Basrief Arief
Attorney General, Republic
of Indonesia
Jl. Sultan Hassanudin No.
1
Kebayoran Baru, Jakarta
Selatan
INDONESIA
Tel: +62 21 722 1269
Fax: +62 21 725 1277
E-mail: humas_puspenkum@yahoo.co.uk
6. Mr. Marzuki Alie
Chairperson of the Indonesian
House of Representatives
Gedung DPR RI Nusantara
III
Jl. Jenderal Gatot Subroto
Jakarta 10270
INDONESIA
Tel: +62 21 571 5330, 571
5334
Fax: +62 21 573 6971
E-mail: set_tu_ketua@dpr.go.id
7. Mr. Syamsuddin Hamid Batara
Regent of Pangkep
Kompleks Kantor Bupati Kab.
Pangkep
Jl. Sultan Hassanudin
Pangkajene, Kab. Pangkep
90611
INDONESIA
Tel: +62 410 21001
8. Mr. Otto Nur Abdullah
Chairperson of the National
Human Rights Commission
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
Email: info@komnas.go.id
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
(ua@ahrc.asia)
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