Indonesia: Worker Wins Defamation Case But Still At Risk Of Jail

Septia Dwi Pertiwi was an employee at PT Hive Five, a tax and accounting services company in Jakarta. In October 2022, she resigned after the company allegedly cut salaries and failed to fulfill promised commissions. 

On 21 January 2023, she posted a criticism of the company on social media, which led to anonymous threats and repeated attempts by the company to contact her. The following day, Henry Kurnia Adhi, a co-owner of PT Hive Five, accused her of defamation and sent her a legal notice demanding clarification.

Between January and February 2023, Septia received multiple legal notices and was summoned by the police for questioning. Although she cooperated with the investigation, on 5 September 2023, she was officially named a suspect. During mediation, the company demanded IDR 300 million (USD 19,300) in compensation and a public apology, which she refused.

On 26 August 2024, the Central Jakarta Prosecutor’s Office issued a detention order, and she was arrested and detained for 25 days at the Pondok Bambu Detention Center. After a legal challenge, she was placed under city detention until 30 November 2024 while awaiting trial.

During the trial, on 11 December 2024, the public prosecutor demanded a one-year prison sentence and a fine of IDR 50 million (USD 3,200), substitutable with three months in jail.

On 22 January 2025, the Central Jakarta District Court acquitted Septia of all charges, ruling that she had not committed any crime. However, on 3 February 2025, the public prosecutor filed a cassation request to the Supreme Court, arguing that the lower court failed to properly assess the evidence and legal provisions. If the Supreme Court grants the request, she could face up to four years in prison.

Septia’s case reflects a broader trend of criminalizing the right to freedom of expression in Indonesia. Since 2019, Amnesty International has documented at least 560 people who have been charged with problematic articles of the EIT Law.