JAKARTA – The Indonesian Military (TNI)’s plan to report online activist Ferry Irwandi for defamation has fueled fresh concerns over the shrinking space for free speech, following a spate of arrests by police of activists and social media users accused of instigating recent nationwide unrest.
Over the past week, the National Police and the Jakarta Police have detained at least a dozen activists and online personalities for their alleged role in provoking riots during weeklong protests from late August to early September.
Initially triggered by lawmakers’ lavish perks, the demonstrations escalated into anger over police brutality, leaving at least 10 people dead and more than a thousand others injured.
On the heels of these arrests, the TNI’s cyber unit commander Brig. Gen. Juinta Omboh Seimbiring announced plans to report Ferry, the CEO of digital education platform Malaka Project, for alleged “defamatory” remarks against the military.
Ferry, a well-known internet personality, has frequently criticized the government throughout the recent protests and was outspoken against the controversial TNI Law revision passed earlier this year.
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TNI spokesperson Brig. Gen. Freddy Ardianzah told The Jakarta Post on Wednesday that Ferry’s public statements, be it on social media or television interviews, “may have contained provocative efforts, slander, hatred and disinformation framed to create negative perceptions of the military.”
Ferry responded earlier that he “did not know what crimes he had committed” and said he would follow the process regardless.
“If this is meant to make me afraid, worried, or anxious, it won’t. I’ll face it,” he said on Monday on his Instagram page. “If [the military] wants to take it to court, go ahead”.
Chilling effect
The military’s move has intensified fears of criminalization of dissent, following the arrests of dozens of activists in recent days.
The Institute for Criminal Justice Reform (ICJR) said the TNI had gone “beyond its authority”.
“The TNI should focus on addressing cyber defense threats, not pursuing criminal cases that fall within civic space,” the institute said in its statement on Wednesday.
The Jakarta Police, however, clarified on Tuesday that the TNI’s complaint could not be processed under the revised Electronic Information and Transaction (ITE) Law, which bars state or private institutions from filing defamation reports.
The Constitutional Court ruled in April that only individuals personally defamed may lodge such complaints.
“We’ve informed the military that, according to the court ruling, the institution cannot report [Ferry]. It must be an individual complaint if it concerns defamation,” Adj. Sr. Comr. Fian Yunus, deputy director of the Jakarta Police’s cyber unit, said on Tuesday, as quoted by Antara.
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TNI spokesperson Freddy said the military was still “holding internal discussions regarding the next legal steps” that it would take.
ICJR also urged the police to apply the same principle and release detained activists, arguing that their actions were “legitimate expression, not crimes”.
“Arrests based on vague or irrelevant articles only undermine human rights and further erode democracy,” it said.
More reports
As of Wednesday, at least a dozen activists remained in detention at police stations, despite mounting calls from rights groups for their release.
Among them is Delpedro Marhaen, the director of rights group Lokataru Foundation, who was visited Tuesday by Coordinating Law, Human Rights, Immigration and Correctional Services Minister Yusril Ihza Mahendra.
While the senior minister said he would not intervene in the ongoing legal process, he “respected Delpedro’s stance to defend his case” and hoped that his legal advocates could help him along the way.
Separately, the Defense Ministry has reported national news magazine Tempo to the Press Council regarding its report of the government’s alleged plan to implement martial law during the riots, calling it a “hoax”.
A coalition of civil rights groups condemned the ministry’s action, describing it a threat to press freedom and democracy.
“Based on our assessment, Tempo’s coverage fully complied with journalistic standards, including balance and attempts to seek clarification from the Defense Minister,” the coalition said in a statement Wednesday.
ANN/The Jakarta Post
