How Democratic Are We in Indonesia?

Indonesian democracy is at stake following some cases that threaten very critical people against the ruling authorities

By Fanny Syariful Alam, Regional Coordinator of SEKODI Bandung, an awardee of IVLP US Dept of State, Australia Awards for Indonesia STA, and Nuffic the Netherlands

Indonesia, one of the largest democratic countries in the world, has guaranteed people’s freedom of opinion and political rights in general. Nevertheless, a concern arises when the Government of the Republic of Indonesia is predisposed to repress the society’s democratic lives through various sanctions or legal charges to anticipate any society’s protests. Provided the fact that the world encountered a significant decline in global democratic lives in 2021 referring to the Report of Democracy Index by The Economist Intelligence Unit (EIU), Indonesia’s democratic index comes with the lowest point in the past 14 years. The Report revealed a score for Indonesia of 6.3 in 2021 and 6.71 in 2022, ranking the country 54 in the world and categorizing flawed democracy. 

Threats Against Indonesian Societies 

The Indonesian Constitution of 1945 (UUD 1945) and the Declaration of Human Rights grant the right to freedom of opinion in public as a human right. This freedom signifies the realization of democracy in society and the nation. To further elaborate on this, the Government has enacted the Law of the Freedom of Opinion In Public, specifically based on Art 5 verse 1, Art 20 verse 1, and Art 28 of the Constitution. The law underlines the permissible form and methods of delivering opinions in public, excluding the organization of opinion dissemination through mass media, both printed and electronic ones, and strikes by media workers within their workplaces. 

In addition to that, following the principle of democracy, any democratic country is obliged to protect and uphold freedom of opinion. To meet this obligation, Indonesia ratified the International Covenant on Civil and Political Rights (ICCPR) to Law no. 12/2005, particularly emphasizing  Art 19 verse 2. It underscores the right of individuals to express their opinion, including their rights to seek, accept, and share information and thoughts regardless of any oral and written restrictions. This article grants them the right to disseminate their voices to any preferable media as well. 

As the regulations above guarantee all Indonesians the right to freedom of opinion in public, the Government and its apparatuses should ideally comply with them significantly. Indonesia ranks number 3 as one of the largest democratic countries in the world following the USA and India, showcasing better progress in democratic lives. It is attributable to the fall of Soeharto’s authoritarian regime in 1998 which altered the Indonesian democracy to be more pluralist in politics through multiple, peaceful transfers of powers between political parties.

Although Indonesian democracy has shown better progress, as evidenced by the implementation of the electoral laws and process to vote for the President and vice including the legislators democratically, some challenges remain to exist. These challenges are further exacerbated by the legalization of Law No. 11/2008 about Electronic Information and Transactions and the newly revised penal code. One notable incident that withdrew attention on social media was the case of Bima Yudho Saputro, who posted a Tiktok video criticizing the Governor of Lampung Province for the slow development and poor infrastructure conditions. In his video, Bima mentioned the term ‘Dajjal’, meaning ‘evil’ or people with negative behaviors and attitudes. That led to an allegation of hate speech against ethnicity, religions, and groups in Indonesia. Accordingly, he was facing a criminalization plan for violating Art 28 Verse 2 Junto Art 45 A Verse 2 of Law no 11/2008 about Electronic Information and Transactions (UU ITE).

On May 1, 2023, SFA, a junior high school student in Jambi faced the charge of hate speech against a specific group based on Article 28 of UU ITE. She criticized the city municipal of Jambi for allegedly tormenting a senior citizen by destroying her house gradually. It happened because of a project work which has gained permission granted by the Municipal. She conveyed the criticism through her Tiktok account. Unfortunately, it sparked an outrageous reaction from the City Municipality of Jambi, who promptly reported this issue to the Police Department in Jambi City. 

Another instance of repression by the government apparatuses to activists has surfaced. On March 19, 2022, the Coordinator of the Commission for Missing Persons and Victims of Violence (KontraS), Fatia Maulidiayanti, and the former Coordinator of KontraS, Haris Azhar, were charged with criminalization. This charge was filed by the Coordinating Minister of Maritime and Investment, Luhut Binsar Panjaitan filed. Both activists criticized the Minister on Haris Azhar’s Youtube channel, alleging his involvement in the economic relation and military operation of Intan Jaya on Haris Azhar’s Youtube channel. As a result, the Minister has accused them of defamation, and their trial is currently ongoing.

The Future of Democracy in Indonesia

According to Acemoglu, democratic governments tend to tax and invest more than authoritarian regimes do, particularly in medical care and education. It signifies the importance to develop the condition of their society in terms of their wealth and security. The ideal condition is how democratic governments share their attention with them so that it highlights their society’s participation in determining their future with their governments’ support. Indonesia, for example, as mentioned by Ted Piccone and Ashely Miller in their comments, has used its more democratic system to liberalize its economic leadership in the Association of Southeast Asian Nations (ASEAN). The country plans to significantly play a role in the ASEAN’s Intergovernmental Commission of Human Rights (AICHR) and the Bali Democracy Forum as a way of aspiring to greater global leadership as well as empowering multilateral approaches in terms of democracy and the rule of law. 

Nevertheless, the aforementioned current facts above regarding the violation of freedom of speech in Indonesia have stirred up turmoil in the country’s democratic landscape. For instance, the aggressive enforcement of UU ITE in lawsuits concerning defamation allegations toward public officials indicates a departure from the law’s fundamental purposes, such as guaranteeing legal assurance for the society conducting electronic transactions, encouraging Indonesian economic development, preventing internet-based crime, and protecting the society and other internet users from various online crime. This law further seeks to prevent defamation and the posting of any content challenging Indonesia’s applicable moral and religious values. However, it has become increasingly common for public officials to categorize criticisms as defamation in Indonesia and subsequently file charges against those criticizing them. Suwarno, representing the Independent Journalists Alliance (AJI), has raised concerns about the potential of classifying criticism as defamation or hate speech. He argues that such actions may hinder freedom of speech and criminalize society, journalists, and media. 

Indonesia and its public officials should understand that society, as well as media and journalists, is not the country’s enemy when they appear with criticisms regarding their duties and performances. The country has guaranteed the democratic landscape through UUD 1945 as the State Constitution and other relevant laws, and it depends on Indonesian public officials in perceiving society’s criticisms as a way to improve their performance or even to criminalize them on behalf of defamation and hate speech.