Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution broadly provides for freedom of expression while including some limitations. Some elements within the government, the judiciary, and police used laws against defamation and blasphemy to restrict freedom of expression, including for the press. The government used provisions of law against advocacy of separatism to restrict the ability of individuals and media to advocate peacefully for independence.
Freedom of Expression: The law criminalizes content deemed insulting to a religion or advocating separatism. The law also criminalizes hate speech, defined as “purposeful or unlawful dissemination of information aimed to create hatred or animosity against an individual or a particular group based on their race, beliefs and ethnicity.”
By law “spreading religious hatred, heresy, and blasphemy” is punishable by a maximum of five years in prison. Protests by Islamic groups or conservative clerical councils often prompted local authorities to act under the law. According to Amnesty International, in 2018 at least 30 individuals remained incarcerated for speech deemed blasphemous, immoral, or insulting.
In March the Supreme Court rejected the appeal and affirmed the sentence of a Buddhist woman of Chinese descent who in 2018 had been sentenced to 18 months in prison for blasphemy after she complained about the volume of loudspeakers at a mosque in Tanjung Balai, North Sumatra.
Although the law permits flying a flag symbolizing Papua’s cultural identity generally, a government regulation specifically prohibits the display of the Morning Star flag in Papua, as well as the Republic of South Maluku flag in Molucca and the Free Aceh Movement Crescent Moon flag in Aceh. NGOs reported that on August 31, police arrested six activists, including five Papuan students in Jakarta and Surya Anta Ginting, for flying the Morning Star flag outside the state palace. On September 3, police arrested an activist, Sayang Mandabayan, at the Manokwari airport for traveling with 1,500 small Morning Star flags.
Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. The government, however, sometimes used regional and national regulations to restrict media. While some foreign journalists received permits for travel to Papua and West Papua Provinces, others reported bureaucratic delays or denials, ostensibly for safety reasons. Advocates for press freedom alleged that a governmental interagency group continued to review requests by foreign journalists to visit the region. The constitution protects journalists from interference, and the law requires that anyone who deliberately prevents journalists from doing their job shall face a maximum prison sentence of two years or a fine of Indonesian rupiah (IDR) 500 million ($35,700).
Violence and Harassment: The Alliance of Independent Journalists (AJI) reported 20 cases of violence directed at journalists and media offices between January and April. The AJI also reported that at least seven journalists were victims of violence during postelection riots in Jakarta. Police and protesters allegedly restrained journalists forcefully, confiscated their devices, and forced them to delete pictures and videos. Some journalists reported other instances of physical intimidation during the incidents.
Censorship or Content Restrictions: The Attorney General’s Office has authority to monitor written material and request a court order to ban written material. During August and September, protests in Papua, Jakarta, and elsewhere, authorities limited access to the internet or to particular social media sites, saying this was done to prevent the spread of disinformation.
Libel/Slander Laws: Defamation provisions of the law prohibit libel and slander, which are punishable with five-year prison terms.
Elements within the government and society selectively enforced criminal defamation law to intimidate individuals and restrict freedom of speech. In March police arrested Robertus Robet, a university lecturer and prodemocracy activist, for singing a song on February 28 that allegedly insulted the military. Robet was charged with insulting those in power or legal institutions and released after 14 hours. He faced a maximum penalty of 18 months’ imprisonment; the case had not gone to trial as of October.
In late July, President Widodo granted amnesty to Baiq Nuril, a West Nusa Tenggara high school teacher convicted in November 2018 of defaming her principal when she recorded his lewd telephone calls, which were then circulated online. Baiq had been sentenced to six months in prison and fined IDR 500 million ($35,700).
Nongovernmental Impact: Hardline Muslim groups sometimes intimidated perceived critics of Islam in order to limit their speech rights.
b. Freedoms of Peaceful Assembly and Association
The constitution and law provide for the freedoms of peaceful assembly and association, but the government sometimes restricted these freedoms.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
d. Freedom of Movement
The law provides for freedom of internal movement and generally allows for travel outside of the country, but the constitution allows the government to prevent persons from entering or leaving the country. The law gives the military broad powers in a declared state of emergency, including the power to limit land, air, and sea traffic. The government did not use these powers during the year.
In-country Movement: In August, Coordinating Minister for Political, Legal and Security Affairs Wiranto (one name only) announced that the government was restricting foreign nationals’ access to the provinces of Papua and West Papua in light of protest violence.
f. Protection of Refugees
Abuse of Migrants, Refugees, and Stateless Persons: There were increasing reports of mental health problems among refugees stranded in the country. In March, one asylum seeker from Afghanistan who had been living in a detention center for 19 years set himself on fire; in the same month, a second asylum seeker from Afghanistan who had spent four years in detention hanged himself.
In July approximately 200 refugees were relocated to a former military facility in West Jakarta. Rumors spread that those detained at this facility would receive additional assistance and priority treatment for possible resettlement, leading nearly 1,200 refugees to crowd into the facility. The facility lacked the sanitation and health-care facilities to accommodate the large number of refugees; the Office of the UN High Commissioner for Refugees (UNHCR) and private donors provided emergency food assistance. In August the local government declared the site would be closed. As of October approximately 300 refugees remained at the site, but the government had discontinued providing support.
The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.
Access to Asylum: Indonesia is not a signatory to the 1951 UN refugee convention and does not allow local integration or naturalization. The government allows refugees to settle temporarily while awaiting permanent resettlement. The law formally acknowledges the role of UNHCR for processing all refugee status determinations in the country. A 2016 regulation established a detailed refugee management process, outlining the specific responsibilities of national and subnational agencies from refugee arrival to resettlement (or departure). UNHCR officials reported there were approximately 14,000 refugees in the country.
Employment: The government prohibits refugees from working, although it did not strictly enforce this prohibition.
Access to Basic Services: The government does not generally prohibit refugees from accessing public elementary education, although many barriers prevented enrollment of more than a small number of refugee children, including a lack of access for refugee children to government-issued student identification numbers. A small number of refugees enrolled in language and other classes in private, refugee-run schools or in NGO-sponsored programs. Refugees have access to basic public health services through local health clinics, which the government subsidizes. Treatment for more serious conditions or hospitalization, however, is not covered under this program.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for official corruption, but government efforts to enforce the law were insufficient. Elements within the government, police, and judiciary undermined efforts to prosecute corrupt officials. Despite the arrest and conviction of many high-profile and high-ranking officials, there was a widespread domestic and international perception that corruption remained endemic. The KPK, POLRI, the TNI Special Economics Crime Unit, and the Attorney General’s Office have jurisdiction for investigating and prosecuting corruption cases. The KPK does not have authority to investigate members of the military, nor does it have jurisdiction in cases where state losses are valued at less than IDR one billion ($71,400).
In September the DPR enacted amendments to the KPK law, which many NGOs and activists stated would weaken the ability of the agency to undertake anticorruption investigations. The law establishes a supervisory body whose responsibilities include approving KPK wiretaps and removes the KPK’s independent status by making it part of the executive branch.
KPK investigators were sometimes harassed, intimidated, or attacked due to their anticorruption work. Police confirmed that small explosive devices were found outside the homes of KPK Chairman Agus Rahardjo and Deputy Chairman Laode Syarief on January 9.
Corruption: The KPK investigated and prosecuted officials suspected of corruption at all levels of government. Several high-profile corruption cases involved large-scale government procurement or construction programs and implicated legislators, governors, regents, judges, police, and civil servants. From the end of 2018 to mid-2019, the KPK carried out investigations and prosecutions and recovered state assets worth approximately IDR 753 billion ($53.8 million). In 2018 the KPK conducted 164 investigations, initiated 199 prosecutions, and completed 113 cases resulting in convictions.
In one case, in March the KPK arrested Golkar Party DPR member Bowo Sidik Pangarso for allegedly accepting approximately $570,000 in multiple currencies from a private transportation company, reportedly for use in vote buying for the April 17 elections. In another case, in August the KPK arrested Ahmad Yani, a Muara Enim regent, for allegedly taking bribes relating to a public works project. On October 16, the KPK arrested Medan city mayor Dzulmi Eldin for allegedly receiving bribes totaling approximately IDR 328 million ($23,400). Corruption courts handed down convictions in cases involving elected officials at the provincial, district, and mayoral levels.
According to NGOs and media reports, police commonly demanded bribes ranging from minor payoffs in traffic cases to large amounts in criminal investigations. Corrupt officials sometimes subjected migrants returning from abroad, primarily women, to arbitrary strip searches, theft, and extortion.
Bribes and extortion influenced prosecution, conviction, and sentencing in civil and criminal cases. Anticorruption NGOs accused key individuals in the justice system of accepting bribes and condoning suspected corruption. Legal aid organizations reported cases often moved very slowly unless a bribe was paid and in some cases prosecutors demanded payments from defendants to ensure a less zealous prosecution or to make a case disappear. In May the KPK arrested a judge from the Balikpapan Court for accepting $35,600 in exchange for a not-guilty verdict relating to forgery charges.
The National Ombudsman Commission received complaints related to litigation favors and maladministration in court decisions. In the first quarter of the year, the Judicial Commission received 740 public complaints of judicial misconduct. During the same period, the commission recommended sanctions against 58 judges accused of manipulating trials.
Financial Disclosure: The law requires senior government officials as well as other officials working in certain agencies to file financial disclosure reports. The law requires that the reports include all assets held by the officials, their spouses, and their dependent children. The law requires reports be filed when the official takes office, every two years thereafter, within two months of leaving office, and immediately upon request by the KPK. The KPK is responsible for verifying disclosures and publicizing them in the State Gazette and on the internet. There are criminal sanctions for noncompliance in cases involving corruption. Not all assets were verified due to human resource limitations within the KPK.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights
Many domestic and international human rights organizations generally operated without government restriction (except in Papua), investigating and publishing findings on human rights cases and advocating improvements to the government’s human rights performance. The government met with local NGOs, responded to their inquiries, and took some actions in response to NGO concerns. Some government officials, particularly those based in Papua and West Papua Provinces, subjected NGOs to monitoring, harassment, interference, threats, and intimidation. In the aftermath of August/September unrest in Papua, Coordinating Minister for Political, Legal and Security Affairs Wiranto said that the government would “temporarily limit access to Papua,” due to security concerns. Papuan NGOs and activists received threatening telephone messages and reported continuous harassment by local police.
The United Nations or Other International Bodies: The government permitted UN officials to monitor the human rights situation in the country. Security forces and intelligence agencies, however, tended to regard foreign human rights observers with suspicion, especially those operating in Papua and West Papua, where their operations were restricted.
Government Human Rights Bodies: Many independent agencies addressed human rights problems, including the Office of the National Ombudsman, the National Commission on Violence against Women (Komnas Perempuan), and Komnas HAM. The government is not required to adopt their recommendations and at times avoided doing so.
The Aceh Truth and Reconciliation Commission, established in 2016 to investigate human rights violations perpetrated by the government and the then active Free Aceh Movement during the armed conflict between 1976 and 2005, has taken 3,040 statements from victims, former separatists, and witnesses. The commission has conducted two sets of public hearings (2018 and 2019) in which victims of human rights abuses gave public testimony. Commission officials indicated that budget constraints posed severe challenges to the commission’s work.