Of these, 710 were charged with hate speech and defamation172. Police cyber patrols have processed the cases of 347 people, according to Amnesty, while the rest were named suspects following reports from the government, the military, social organizations, and private companies alleging defamation and insult173. In a separate ruling, the Constitutional Court also redefined the legal meaning of “public unrest” in cases involving the spread of disinformation online. It held that the term “unrest” in the ITE Law must be strictly interpreted as unrest occurring in the physical public space, not in digital or cyberspace. The ruling clarifies that Article 28 (3), which punishes anyone who disseminates false information that causes unrest, applies only if the unrest leads to actual, physical disruption of society174. However, despite the April 2025 ruling, cases continue to arise in contravention of the Constitutional Court’s decisions. In May 2025, a university student was arrested by the police and charged under the ITE Law for creating a satirical meme of Prabowo Subianto and Joko Widodo kissing175. The meme, reportedly an AI-generated image uploaded to X (formerly Twitter) before going viral on multiple social media platforms, referred to an alleged deal between Prabowo and Widodo during the 2024 general election, where Widodo’s interference significantly contributed to Prabowo’s victory176. Following the mass demonstrations in August 2025, several activists were arrested, including Delpedro Marhaen Rismansyah, Muzaffar Salim, Syahdan Husein, and Khariq Anhar. All four were charged with provocation under the Criminal Code and with spreading false information online to incite public unrest under the ITE Law177. Their cases have been widely covered by the media, as they highlight the deterioration of freedom of expression under Prabowo’s administration, particularly in its handling of pro-democracy protests. Ibid Ibid. 174. “MK Rules for Free Speech: Cricism Against Gov’t Cannot Be Criminalized Under ITE Law.” Jakarta Globe, 29 Apr. 2025, jakartaglobe.id/news/mk-rules-for-free-speech-criticism-against-govt-cannotbe-criminalized-under-ite-law. 175. Martiar, Norbertus Arya Dwiangga. “Student Who Created Presidential Meme Arrested and Charged With ITE Law Draws Heavy Criticism.” Kompas.id, 9 May 2025, www.kompas.id/artikel/en-mahasiswipembuat-meme-presiden-ditangkap-dan-dijerat-dengan-uu-ite-menuai-kritik-keras. 176. Uli, Maretha, and Radhiyya Indra. “Police Release ITB Student Arrested Over ‘Incident’ Meme.” The Jakarta Post, 13 May 2025, www.thejakartapost.com/indonesia/2025/05/13/police-releaseitb-student-arrested-over-indecent-meme.html. 177. Lai, Yerica. “Prosecutors Indict Four Activists for Inciting August Unrest.” The Jakarta Post, 18 Dec. 2025, www.thejakartapost.com/indonesia/2025/12/18/prosecutors-indict-four-activists-for-inciting-augustunrest.html. 172. 173. 41

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