Curtailing Free Expression, Opinion and Information Online in Southeast Asia
and/or a maximum fine of 2 bil. Rupiah (approx. USD 140,000) where
the alleged online defamatory act causes harm to others.170 As of October
2018, 245 complaints had reportedly been brought under the UU ITE, with
public officers and government agencies comprising 35.92 percent of the
complainants.171 As of January 2019, only 6 percent of indicted cases had
reportedly been acquitted.172
Case of Anindya Shabrina Joediono
In August 2018, Anindya Shabrina Joediono, a law student from
Surabaya and editor-in-chief of online news platform ‘Merah Muda Memudar’,
received a warrant to report for investigation following a complaint that
had been filed against her under sections 27(3) and 45(3) of the UU
ITE, by a person who alleged she had defamed the police, including the
municipal police of Surabaya.
This came after she had made a Facebook post and a comment on a
YouTube video alleging sexual assault by police officers following a film
screening and discussion on human rights violations which they had
entered to shut down.173
As of January 2019, Joediono reportedly remains under police investigation.174
170 See in particular Articles 27(3), 29, 45(1), 45(3). English translation of Law of the Republic of
Indonesia No. 11 of 2008 Concerning Electronic Information and Transactions, Available at: http://
www.flevin.com/id/lgso/translations/JICA%20Mirror/english/4846_UU_11_2008_e.html; On the
2016 amendments, see for eg. Institute for Criminal Justice Reform, ‘Response to the Revision
of Information and Electronic Transaction Law (ITE Law): Five Crucial Issues in the ITE Law that
Threaten Freedom of Expression in Indonesia’, 28 October 2016, Available at: https://icjr.or.id/
response-to-the-revision-of-information-and-electronic-transaction-law-ite-law-five-crucial-issuesin-the-ite-law-that-threaten-freedom-of-expression-in-indonesia/
171 [Bahasa Indonesia] Scholastica Gerintya, ‘Periksa Data- Jerat UU ITE Banyak Dipakai oleh Pejabat
Negara’, 18 October 2018, Available at: https://tirto.id/jerat-uu-ite-banyak-dipakai-oleh-pejabatnegara-c7sk
172 Johannes Nugroho, Charis Loke, ‘Silenced by an Elastic Law’, New Naratif, 4 January 2019 (‘New
Naratif, 4 January 2019’), Available at: https://newnaratif.com/journalism/silenced-by-an-elastic
law/share/pybxr/259dff62034ffb4223adcb949a50f667/
173 New Naratif, 4 January 2019; Palang Hitam Indonesia, ‘Solidarity with Anindya Shabrina’, 6
September 2018, Available at: https://palanghitam.noblogs.org/anindya-shabrina/
174 New Naratif, 4 January 2019.
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