ASEAN Regional Coalition to #StopDigitalDictatorship
The Second Amendment of ITE Law:
Enabling an Arbitrary State
Indonesia’s obligation under UN CEDAW’s Article
Before the Second Amendment of the ITE Law, the
her. Despite this, the Indonesian government, by
role of the government in regulating the digital sphere
maintaining Article 27 (1), fails to protect victims
was not clearly defined, leaving a dangerous ambiguity
who preserve electronic evidence of harassment and
regarding its authority over online content and electronic
violence, as well as those who speak out on social
systems. However, with the introduction of Article
media. This contradicts its obligation to prevent
40 and 40A in the amended law, the government’s
gender-based violence.
2 to eliminate discrimination against women.35 In
2019, President Joko Widodo granted amnesty to
powers have expanded significantly. Prior to the
amendment, there was no specific provision granting
the government authority to block access to online
content or terminate electronic system access
based on subjective determinations of legality or
decency. After the amendment, particularly in Article
40 (2b) and (2bB), the government is explicitly and
legally empowered to take such actions, including
blocking access to content it deems defamatory or
unlawful and ordering Electronic System Operators to
comply. This significant shift grants the government
unprecedented control over online information and
communication channels.32
Revictimisation Risks and Legal
Ambiguities: Implications on Women
and Freedom of Expression
Article 27 (1) of the original version of the ITE law
and the Second Amendment of the ITE Law has legal
ambiguities, particularly for women who are victims
of sexual violence. The indiscriminate transmission
of electronic evidence puts them at risk of unjust
criminalisation instead of recognition as victims of
harassment or violence. This vulnerability allows
perpetrators to exploit legal gaps, leading to a duallayered violence – first offline and then facilitated
by technology.33
An illustrative case is that of Mrs. Baiq Nuril Maknun
in Lombok, who, after facing sexual harassment,
found herself prosecuted under the ITE Law in
2018, by her perpetrator, H. Muslim. This attempt to
criminalise her, utilising Article 27 (1),34 goes against
Indonesia
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