A lawsuit by a Christian environmental activist, who was once jailed, has prompted Indonesia's Constitutional Court to revise a draconian law that activists say the government misuses to suppress criticism.
On April 30, the court said that government institutions cannot accuse individuals of criminal defamation by misusing the proscription against "attacking the honor or good name," as outlined in the Electronic Information and Transactions Law.
The court also noted that criticizing government policies linked to the community is important for checks and balances in a democratic system.
Attempts to "shackle the right to freedom of opinion and expression" will erode the controls and will lead to "abuse of power," the court said.
The court's ruling came in response to a judicial review filed by Daniel Frits Maurits Tangkilisan, a Protestant environmental activist, who was sentenced to seven months in prison in April last year.
The Jepara District Court in Central Java Province convicted the former lecturer of defaming a shrimp farming community through his social media post that criticized illegal shrimp farming at Karimunjawa, a protected national park in northeastern Jepara Regency.
The public prosecutor accused him of defamation for using the term "shrimp brain community" to criticize the brainless act that endangered the environment and local communities.
The Semarang High Court in Central Java province later overturned the ruling and acquitted Tangkilisan a month later.
It said Tangkilisan has indeed "committed the acts charged by the public prosecutor," but was acquitted, considering he was fighting "for the right cause and a healthy environment."
Tangkilisan said the Constitutional Court's ruling was "like a victory in a major war."
"This is a step forward in Indonesian democracy, amidst conditions where it is increasingly difficult to speak out," he said.
Rights activists say the law still has loopholes to criminalize critics who advocate for democracy, environmental, and human rights.
"The opportunity for criminalization still exists," said Nenden Sekar Arum, executive director of the Southeast Asia Freedom of Expression Network (SAFEnet),
According to SAFEnet, during the nine years until 2022, at least 500 people were reported to police for violating this law.
However, the organization said that 124 people were criminalized in 2023, and 170 faced such charges last year.
Father Yohanes Kristoforus Tara from the Franciscan Justice, Peace, and Integrity of Creation Commission advocacy division told UCA News that the government should use public criticism to correct wrong policies, not silence them.
"The voices of activists and other civil elements are a reminder that every public policy must consider the interests of many people, especially the most vulnerable," said the priest working on issues like mining, geothermal power, and environmental concerns.
He said that the Constitutional Court's decision was "a breath of fresh air, although its implementation still requires commitment from various parties.