Indonesia: Human Rights Defenders Facing Unjust Trial
Fatia Maulidiyanti and Haris Azhar are Indonesian human rights defenders. Fatia Maulidiyanti is the coordinator of the Commission for the Disappeared and Victims of Violence (KontraS), an organization established during Indonesia's authoritarian period that is well-known for exposing human rights violations and advocating victims' rights. Haris Azhar is a lawyer, lecturer, and founder of Lokataru Foundation, an up-and-coming human rights organization.
On 20 August 2021, Haris Azhar uploaded a video on his YouTube channel containing a conversation between himself and Fatia about a report that mentioned that some companies allegedly were involved in exploring the Wabu Block gold mine in Intan Jaya, Papua. The report was completed by nine organizations, including KontraS, led by Fatia Maulidiyanti, launched on August 12, 2021, and is titled “A Political Economy Study of Military Placement in Papua: The Case of Intan Jaya.” The report suggests a relationship between concessions granted by the Indonesian government to some companies and the irregular military deployment in Papua. Luhut Binsar Pandjaitan, former military general and incumbent Coordinating Minister of Maritime and Investment Affairs, was allegedly a minority shareholder in one of the companies mentioned in the report.
Following the video's release, Luhut Binsar Pandjaitan sent two subpoenas against Fatia Maulidiyanti and Haris Azhar on 26 August and 2 September 2021. According to his spokesperson, the subpoenas invited Fatia Maulidiyanti and Haris to explain the motive, intention, and purpose behind the video's content. Luhut Binsar Pandjaitan felt that the footage disseminates untrue opinions, character assassinations, and fake news.
On 29 August 2021, Haris Azhar explained that the data mentioned in the dialogue came from the report produced by multiple civil society organizations, which outlined the alleged involvement of several military figures in the mining industry.
On 21 October 2021, the Greater Jakarta Metropolitan Regional Police (Jakarta’s Police) summoned Fatia Maulidiyanti, Haris Azhar, and Luhut Binsar Pandjaitan for mediation. Fatia Maulidiyanti and Haris Azhar fulfilled the summons, while Luhut Binsar Pandjaitan did not. As a result, the mediation was postponed indefinitely.
On 17 March 2022, Fatia Maulidiyanti and Haris Azhar were accused of defamation and charged under Article 27 paragraph (3) of the ITE Law. On 21 March 2022, both were summoned by Jakarta's Police for the investigation process.
On the morning of 6 March 2023, Jakarta's Police summoned Fatia Maulidiyanti and Haris Azhar to inform them about the case file's completion and to perform a medical check-up before handing the case file over to the East Jakarta District Court, a municipality-level prosecution unit that works under the auspices of Jakarta's Attorney General Office, on the same day.
Fatia Maulidiyanti and Haris Azhar's legal team said the trial could start as early as 13 March 2023.
Amnesty International Indonesia has recorded at least 1,021 human rights defenders were prosecuted, arrested, attacked, and intimidated by various actors from January 2019 to December 2022. Meanwhile, there are at least 332 people that have been charged under the ITE Law, most of them accused of defamation, between January 2019 and May 2022.