Indonesia contemplates on revising controversial Internet law by Fardah

 Jakarta, Feb 25, 2021 (ANTARA) - President Joko Widodo (Jokowi) hinted at a likely revision to the country’s Internet law -- Law No 11 of 2008 on Electronic Information and Transactions (ITE) -- especially to correct articles open to multiple interpretations.

“If its implementation leads to injustice, the law needs to be revised,” Jokowi had tweeted on Feb 15, 2021.

The ITE law essentially regulates the exchange of information and other electronic transactions. It enunciates what is banned on the internet. However, some critics view that its defamation article had been misused to criminalize certain parties, thereby not boding well with the freedom of expression.

In fact, the Jokowi administration and House of Representatives (DPR) had revised the ITE law in 2016, with the objective of correcting the law’s multi-interpretative articles.

However, Institute for Criminal Justice Reform (ICJR) and Legal Aid Center for the Press (LBH Pers), in its statement posted on its website (icjr.or.id) on October 28, 2016, echoed its concern over the “half-hearted” directional change of the amended ITE Law.

“From the start, the government has not shown much interest to the enforcement of the ITE law, specifically related to the freedom of expression. Changes made to the ITE Law are only legitimizing the interests of the government to curb the critical attitude of Indonesian society by adding new government powers. Mostly, all amendments add new powers to the government,” the ICJR noted in the statement.

Lately, the ITE law again drew a great deal of attention, especially following the death of a 29-year-old popular Muslim preacher, Ustadz Maaher, who died in a police prison on Feb 8, 2021, while placed in detention since December 4, 2020, over a hate speech case that violated the ITE law.

The outspoken preacher had reportedly filed a request of suspension of his detention owing to his illness and extended his apology over what he wrote on his Twitter account. However, his request was declined.

A similar incident took place on June 10, 2018, when Muhammad Yusuf, 42, a journalist at a local news site, Kemajuan Rakyat, died in a prison after being arrested for five weeks and placed in a Jakarta police prison and later moved to a South Kalimantan prison.

Yusuf was charged with defamation and hate speech for his article on a land conflict between a major palm oil plantation company and local residents of Pulau Laut, South Kalimantan Province. His article was perceived as being provocative and defaming the company.

In 2019, Ahmad Dhani, a famous rock musician and an outspoken opposition figure, was sentenced to a year’s imprisonment after being charged over a hate speech in line with the ITE law.

In fact, during the period between 2016 and 2020, 786 law-related cases were reported, with 88 percent of those charged being placed behind bars, Damar Juniarto of the digital advocacy group, the Southeast Asia Freedom of Expression Network (SAFEnet), stated.