The Struggle for Digital Democracy in Indonesia
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This document summarizes the landscape of internet freedom of expression in Southeast Asia. It discusses the work of the Southeast Asia Freedom of Expression Network (SAFENET) in monitoring threats to online freedom of speech across Southeast Asia and supporting bloggers and online activists. It also outlines some of the key regulations around internet use in Indonesia, including laws governing cyber crimes, online censorship, and mechanisms for blocking websites deemed to contain negative content.
The Struggle for Digital Democracy in Indonesia
- 1. Southeast Asia Freedom of Expression Network (SAFENET) Website: safenetvoice.org / Twi5er: @safenetvoice DAMAR JUNIARTO
- 2. Introduc:on Southeast Asia Freedom of Expression Network A network of Southeast Asia bloggers and online ac:vists who dedicated to promote freedom of expression online. We report on threats to online freedom of speech and support the work and words of ne:zens. Our Works 1. Online mapping of the freedom aFer speech in Southeast Asia 2. Networking and sharing informa:on with bloggers and online ac:vists in Southeast Asia 3. Raise support and solidarity for bloggers and online ac:vists in Southeast Asia
- 3. LBH Pers (Indonesia) Aliansi Jurnalis Independen ELSAM (Indonesia) ICJR (Indonesia) Asosiasi Penyelenggara Jasa Internet Indonesia (APJII) Relawan TIK (Indonesia) ICDW (Indonesia) Forum Demokrasi Digital (Indonesia) EngageMedia (Indonesia) Thai Ne:zen Network (Thailand) Prachatai (Thailand) iLaw (Thailand) SEAPA (Thailand) The Online Ci:zen (Singapore) Layar Burok (Malaysia) MalaysiaKini.com (Malaysia) Viet Tan (Vietnam) Voice (Vietnam) LICADHO (Cambodia) Partners
- 4. LANDSCAPE
- 5. Akamai newest report in 2016, average internet speed in Indonesia 4,5 Mbps (rise 110% than previous year: 3,7 Mbps.) Source: h5ps://www.akamai.com/us/en/mul:media/ documents/state-‐of-‐the-‐internet/akamai-‐state-‐of-‐the-‐ internet-‐report-‐q1-‐2016.pdf Access
- 6. Users With internet users reach more than 100 millions person this year, internet now play a big role in today’s life of Indonesian people. (Source: emarketer.com)
- 7. Since the internet entered to Indonesia 20 years ago (early 90’), Indonesia people have use internet for various purposes such as: 1. To get/access info related to study, 2. To increase income, 3. For shopping, 4. To handle disaster (mi:ga:on), 5. Philanthropy ac:vi:es, 6. To give voice for the voicelss, 7. To gather voter (elec:on context) , 8. Monitor elec:on Range of Ac:vi:es
- 8. David T. Hill and Khrisna Sen (2005) in The Internet in Indonesia's New Democracy wrote: the internet has role in overthrow Soeharto’s regime in 1998 since the prodemocracy movement use mailing-‐list to spread news, consolida:on and mobilize people. At Indonesia’s presiden:al elec:on in 2014, social media has a strong impact to bring Joko Widodo as president against his rival Prabowo. Highlight
- 9. REGULATION
- 10. Cyber Crimes Internet Law Indonesia have Electronic InformaJon and TransacJon Law (Undang-‐Undang No. 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik) since 2008. The law forbids cyber crimes like online pornography, fraud/money laundry, online gambling, but also: – Online defama:on in Ar:cle 27 point 3 – Online blasphemy in Ar:cle 28 point 2 – Online threats in Ar:cle 29
- 11. Roots – Why Indonesia had those 3 ar:cles inside the internet law? According to the government because the old Penal Code (Kitab Undang-‐undang Hukum Pidana) not regulate online defama:on, blasphemy, and threats in the internet. So, the EIT Law is lex specialist. – The law said: If someone violate the law, he/she can be sentence to jail for 6 years and penalty USD 71,000 (Rp 1 billion IDR) – And because it is categorized as a big crime (more than 5 years), the police can put the suspect in jail for 20 days, another 40 days by the a5orney and can be add to 40 more days more. In total 100 days in jail before the trial begin.
- 12. Censorship • Online Censorship – Online Censorship derives from the EIT Law, especially from the online pornography and online gambling ar:cles. To regulate this, the government releases Ministerial Decree No. 19 / 2014 (Peraturan Menteri No. 19/2014) about Internet NegaJve Content Handling in 2014. – The ministerial decree gives government ability to implement TRUST +TM POSITIF list, an official blacklist of websites that need to be filter by the Internet Service Providers immediately.
- 13. Mechanism – TRUST +TM POSITIF is a combina:on between Proxy/Caching System with Content Filtering System. This applica:on uses Squid-‐Cache as Proxy/Caching System and SquidGuard as Content Filtering System. So, TRUST +TM POSITIF is not single gateway system. – In 2015, the government releases Ministerial Decree No. 290/2015 (Keputusan Menteri No. 290/2015) about Internet NegaJve Content Handling Forum to form a panel that screen and gives recommenda:ons to ICT ministry which websites should be put in TRUST +TM POSITIF list.
- 14. Blocking Panel – The blocking panel consist of: 1. Pornography, Child Abuse, Online Security Panel 2. Terrorism and Discrimina:on Panel 3. Illegal investa:on, Fraud, Gambling, Drugs, Food Panel 4. Intellectual Property Panel § Lately, the panel also receives request from military to block West Papua websites and from Na:onal Commission for Child Protec:on to block Lesbian-‐Gay-‐Bisexual-‐Transgender/LGBT websites.
- 16. Nega:ve Impact • Against Freedom of Expression – Many cri:cs from CSOs, intellectuals, parliament members address to Ar:cle 27 point 3 (online defama:on), Ar:cle 28 point 2 (online blasphemy) and Ar:cle 29 (online threats) because those ar:cles against ArJcle 19 ICCPR, ArJcle 28 Indonesian ConsJtuJon, ArJcle 23 Indonesian Human Rights Law – Also according to lawyers and scholars, those ar:cles are duplicaJng the Penal Code. They are already regulate, but need to amend in the new revision. No need to include them inside the EIT Laws.
- 17. Draconian Law • Ways to Silent Democracy – Based on 200 cases records since 2008, SAFENET finds the use of EIT laws (ar:cle 27, 28, 29) aims mostly to an6-‐corrup6on ac6vists, whistleblower, journalists. And can be profile to 4 pa5erns: as a way to revenge, barter, silent criJcs, shock therapy. Defama:on/ Blasphemy/ Threats Revenge Barter Silent Cri:cs Shock Therapy
- 18. EXAMPLES
- 19. Graphics 2 2 1 3 7 20 41 62 0 20 40 60 80 2008 2009 2010 2011 2012 2013 2014 2015 Jumlah 89% 5% 1% 4% 1% 5% Cases Defama:on Blasphemy Threats Somasi Pornography
- 20. 2008 2009 2010 2011 2012 2013 2014 2015 Artc 31 0 0 0 0 0 0 0 1 Artc 29 0 0 0 0 0 1 0 1 Artc 28 (2) 0 0 0 0 1 1 2 5 Artc 27 (3) 2 2 1 3 6 18 38 48 Artc 27 (1) 0 0 0 0 0 0 0 2 Somasi 0 0 0 0 0 1 1 3 0 10 20 30 40 50 60 70 Cases 2008 -‐ 2015 Monitoring
- 21. Case
- 22. Early September 2013, Donny Iswandono sued by Nias Mayor Idealisman Dachi for his ar:cle »Segera! Periksa, Tangkap dan Adili Bupa: Nias Selatan”. Although Donny has try to contact the Mayor for cover both sides, but his request is rejected by the mayor and the mayor choose to report him to the police. Case
- 23. In the past year, SafeNet recorded 11 ac:vists were reported to the police for allegedly viola:ng criminal provisions in the ITE Law. The latest was Pospera’ s (Posko Perjuangan Rakyat) repor:ng of the Coordinator ForBALI, I Wayan “Gendo” Suardana on Monday, August 15, 2016. DPP Pospera accused Gendo has spread informa:on that give rise to hatred and hos:lity as s:pulated in Ar:cle 28 paragraph 2 ITE and Ar:cle 16 of Law No. 40 of 2008 on the Elimina:on of Racial and Ethnic Discrimina:on. Case
- 24. The report was made following a nudge (tweet) from Gendo through @gendovara account on July 19, 2016: “Ah, such ‘bot’ accounts, broadcasted by napitufulus, founder of the blackmailer of the people’s headquarter appeared again, defending Susi, monkey, show me your ugly face”. In rela:on to Pospera’s legal ac:on against Gendo, we concluded such ac:on was only to silence ac:vists from rejec:ng the reclama:on plan of Benoa Gulf in Bali. Case
- 25. 9 Targets 1. An:-‐corrup:on ac:vists 2. Media journalists 3. Papua ac:vists 4. Whistleblower 5. Environmental ac:vists 6. Social ac:vists 7. Human rights defenders 8. Labour workers 9. LGBTs
- 26. UPDATES
- 27. Revision of Law • DraF of Revision on EIT Law – Not as promising as the name, aFer ac:vists long struggle to raise the important to revise the EIT Law, the government agree to do the revision on EIT Law BUT only to lower the jail sentence and penalty to 4 years and Rp 750 millions. The draF s:ll under discussion with Parliament. • DraF of Broadcas:ng Bill – One of the ar:cle inside the Broadcas:ng Bill allowed the censorship through all content including the news content. This is against the Press Law (UU Pers Tahun 1999). The draF s:ll under discussion with Parliament.
- 28. New Law • DraF of Online Data Protec:on Law – For the first :me, Indonesia will have Online Data Protec:on Law – But the government have given Indonesia records data to almost 150 private companies
- 29. Civil Society Groups – ID-‐CONFIG/Indonesian CSOs for Internet Governance: A coali:on of civil society groups that focuses on mul:-‐stakeholder principle of internet governance. – SIKA/Solidarity of Fair InformaJon and CommunicaJon: A group of CSOs which conducts interven:on on internet and media law to parliament members and mainstreaming issues in media. – FDD/Digital Democracy Forum: A forum which promotes freedom of expression as a basic element for democracy, develops democra:c tools for people to par:cipate in poli:cs, and run digital literary through School of Digital Democracy for youngster. – KNRP/NaJonal CoaliJon BroadcasJng Reform: A group of intellectuals and ac:vist, which conducts legal interven:on on digital broadcas:ng issues.
- 30. Thank you Damar Juniarto Regional Coordinator Southeast Asia Freedom of Expression Network www.safenetvoice.org Mobile/Whatsapp: +628990066000 Skype: damar,juniarto E-‐mail: damar@safenetvoice.org