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 79

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