Indonesia

Status: Civil Society or public discussion

In Indonesia, there exists no protection policy for human rights defenders (HRDs). In the meantime, the situation of HRDs in the country remains dire. Environmental, women, indigenous and LGBTQIA+ HRDs are particularly vulnerable groups.

Fundamental rights are not fully protected by the existing laws and policies in the country. In particular, restrictions to the right to freedom of expression and freedom of assembly are the ones that affect the work of HRDs the most in Indonesia. Elections were held in Indonesia in February 2024. The president-elect, Prabowo Subianto, a former military general, has been accused of human rights abuses and, during his electoral campaign, has promised to uphold the current administration’s policies on infrastructures, which have serious environmental and human rights impacts.  The 2024 elections have led to a significant shrinking of the civic space in Indonesia. Indonesian CSOs have denounced repressive acts of the authorities to restrict the activities of CSOs, especially the right to freedom of assembly.

A new criminal code was signed into law by President Jokowi in early 2023 and will come into effect in 2026. This new criminal code contains extreme restrictions to several fundamental rights, targeting particular vulnerable groups such as women, religious minorities and LGBTQIA+ individuals. When in effect, the new criminal code will gravely restrict the right to freedom of expression. Another worrying example is the current discussions on the Indonesian Parliament to change the broadcast laws in the country. Should the proposal be adopted, freedom of expression would be further constrained. The Electronic Information and Transactions Law is already being widely used by the Indonesian government to restrict freedom of expression and assembly, especially of those who criticise government policies through digital platforms.

In general, criminalisation is the most common risk faced by HRDs, with the government often accusing HRDs of posing threats to national security. For instance, in May 2024, UN Special Rapporteur on HRDs, Mary Lawlor, denounced the harassment and threats by the police targeting HRDs advocating for water justice during a parallel event to the World Water Forum in Bali.

Even though there is no specific law for the protection of HRDs in Indonesia, the country’s national legal framework provides legal protection for HRDs through different provisions. For instance, the Indonesia Constitution recognizes the right to the struggle for rights: “Every person shall have the right to improve him/herself through collective struggle for his/her rights to develop his/her society, nation and state” (art. 28 C para. (2)). The scope of other national laws and regulations are also broad enough to encompass the protection of HRDs, such as the Human Rights Law No. 39/1999 (see art. 100-103) or the Ad Hoc Human Rights Court Law No. 26/2000. Along the same lines, in 2022, the Indonesian House of Representatives passed into law the Sexual Violence Crime Bill, which previews the protection of companions of victims and/or survivors of sexual violence who are mostly women HRDs (see art. 27, 28 and 29).

However, the liability lies on the fact that the authorities do not implement nor strongly enforce these legal instruments and systematically fail to protect HRDs.

The discussion about protection mechanisms for HRDs is present among Indonesian civil society. CSO have proposed draft laws and recommendations for public authorities to legislate on the protection of HRDs.

There is a National Human Rights Commission of Indonesia (Komnas HAM) which has mostly an observant role and can include reporting to the government about violations of the right to defend human rights. The Commission has developed a set of Regulatory Norms (SNP) for the protection of HRDs, which intends to serve as a benchmark for assessing policies, laws, and regulations related to the protection of HRDs in Indonesia. The document defines HRD and serves as a reference for legal institutions and agencies to address issues related to HRDs. In 2015, Komnas HAM adopted Regulation Number 5 of 2015 (Perkomnas HAM) concerning Procedures for the Protection of HRDs, which provides guidelines for the protection of HRDs who are threatened or are vulnerable due to their activities (Chapter II, Article 2). Within this policy, a Special Rapporteur for HRDs was created within Komnas HAM. Still, these norms have never been incorporated into national legislation.

The National Commission on Violence against Women (Komnas Perempuan) is also a prominent human rights organisation in Indonesia whose mandate also includes advocacy for the protection of HRDs. In December 2023, three national agencies, Komnas HAM, Komnas Perempuan and the Witness and Victim Protection Agency (LPSK) agreed on a Memorandum of Understanding on a rapid response mechanism for the protection of HRDs. This document was initially an initiative of civil society, including Protection International South East Asia. However, a joint standard operational procedure is still being developed.

Indonesia is monitored by the UN Special Rapporteur on Human Rights Defenders. In her 2023 report on the situation of HRDs, UN Special Rapporteur on HRDs, Mary Lawlor, underlined the challenges of women HRDs who work in rural areas. Regarding the achievements of HRDs, the UN Special Rapporteur highlighted the vital role of women HRDs in the country for the passing of the Sexual Violence Bill in 2022. In 2007, the then-Special Rapporteur on HRDs, Hina Jilani, conducted a country visit to Indonesia.

Indonesia is equally monitored through the Universal Periodic Review (UPR). In the last revision in 2022, Indonesia supported most recommendations put forward by other UN Member States, which included:

• Ensuring a prompt, independent and effective investigation to all attacks against CSOs and HRDs;
• Adopting legislation and implementing comprehensive policies for the protection of HRDs;
• Guaranteeing the safeguarding of the right to freedom of expression;
• Refraining from any actions that may constitute harassment, persecution or undue interference in the work of HRDs;
• Taking measures to foster a safe, respectful and enabling environment for civil society and HRDs.

Nonetheless, the Indonesian Government did not support the recommendation for an immediate release of all HRDs detained for exercising their right to freedom of peaceful assembly.

In the same reviewing cycle regarding Indonesia, stakeholders’ concerns included:

• the lack of comprehensive regulation to ensure the effective protection of HRDs at risk;
• the use of repressive measures against HRDs and the continuing criminalisation of HRDs by the security forces;
• the increase in digital attacks against HRDs and the use of surveillance tools to monitor and target HRDs by state-linked actors;
• the lack of protection and risks faced by environmental and Indigenous HRDs.

Additionally, Komnas HAM also submits communications for the UPR reviews of Indonesia. For the 2022 UPR report, it recommended that the Government eliminate all forms of discrimination and criminalization HRDs. The institutionalisation of December 7 as National Day of Human Rights Defenders was also a proposal put forth by Komnas HAM in order to honour Munir Said, prominent Indonesian HRD who was killed aboard a Netherlands-bound flight from Jakarta.

Other UN Treaty Bodies have also recently urged the Indonesian authorities to take measures to protect HRDs, including women and Indigenous HRDs.

CIVICUS rated Indonesia as “obstructed”, which means that the civic space is heavily contested by power holders, who impose a combination of legal and practical constraints on the full enjoyment of fundamental rights. Freedom House Index rates Indonesia as “partly free”. Concerns include discrimination against religious minorities.  

PI has a permanent filed presence in Indonesia. You can find out more about PI’s work in Indonesia here.

[Updated on 17/07/2024]