ASEAN Regional Coalition to #StopDigitalDictatorship Non-Judicial Grievance Mechanisms Available, but Not Sufficient who discloses sensitive information related to State-based non-judicial grievance mechanisms protection. In addition, the oversight body in are available; individuals can file complaints to charge of administering protection for victims the Indonesia National Commission on Human and witnesses, the Witness and Victim Protection Rights, or Komnas HAM. The Commission is Agency (LPSK), operates in tandem with other authorised to conduct inquiries into gross human agencies that are known for their corrupt practices rights violations under the 2000 Law on the and lack of independence, such as the Corruption Establishment of an Ad Hoc Human Rights Court.157 Eradication Commission (KPK) and the National Inquiries initiated by the Commission, however, do Police. Therefore, the Law’s implementation is not automatically trigger a prosecution, nor does substantially hindered by lack of transparency and they make prosecution more likely to take place. institutional gaps.162 Complaints handled by the Commission rarely amount to criminal charges, leaving high levels of impunity. This is partly due to the fact that the Attorney General’s Office, who is in charge of deciding whether cases of gross human rights violations can proceed to litigation, rarely decides so.158 Furthermore, politics and the backgrounds of commissioners can exacerbate this general hesitance to see complaints through. A religiously conservative commissioner, for instance, would assess a case in a manner different from someone with a background in human rights activism.159 As a result, the Commission’s role rarely pierces through the investigatory or advisory capacity, making it even more unlikely for digital freedoms breaches to be remedied through this avenue.160 Whistleblowers Protection Environmental Cases Whistleblowers and vulnerable state-backed to activists are and a crime they know about, which may be done in the online space, would not enjoy special Environmental Cases In addition, there are laws in place that prevent the filing of lawsuits against individuals who advocate for environmental rights. For instance, the 2009 Law on Environmental Protection and Management, and the 2013 Law on the Prevention and Eradication of Forest Destruction offer such protection. Furthermore, individuals who provide information about or report on environmental issues are also safeguarded by these laws. However, it’s important to note that while these laws are generally seen as a response to Strategic Lawsuits Against Public Participation (SLAPP), they lack a specific definition of SLAPP and only apply to environmental cases. Consequently, they may not provide sufficient grounds for SLAPP defendants to have their cases dismissed, nor can judges rely on them to prevent legal abuses.163 especially harassment for expressing themselves online. Indonesia does not have a comprehensive whistleblower protection regime; the 2006 Law on Witness and Victim Protection is the only piece of legislation that sets out their fundamental rights.161 The Law has a number of shortcomings, including that whistleblowers are merely characterised as “reporters” of suspected crimes. Thus, anyone 104 Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia

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