TEMPO.CO, Jakarta - Amnesty International Indonesia has criticized the arrest of a Bandung Institute of Technology (ITB) student who created and uploaded a meme depicting President Prabowo Subianto and former President Jokowi kissing, asserting that the meme falls under the umbrella of freedom of expression. The organization insists the student should not have been detained.
Usman Hamid, the Director of Amnesty International Indonesia, stated that the student's arrest demonstrates the police's continued use of authoritarian tactics to suppress freedom of expression in the digital space, this time under the guise of upholding decency.
"Peaceful expressions, no matter how offensive, whether through art, including satire and political memes, are not criminal acts. The police's response is clearly a form of criminalizing freedom of expression in the digital space," Usman said in his official statement on Friday, May 9, 2025.
Usman asserted that the arrest contradicts a recent ruling by the Constitutional Court, which stated that online disturbances on social media do not fall under criminal law. The police's disregard for the Constitutional Court's decision reflects an authoritarian approach by authorities who are implementing repressive measures in the public sphere.
"Freedom of speech is a protected right under both international and national human rights law, including the 1945 Constitution," Usman emphasized.
He pointed out that while this freedom can be limited to protect the reputation of others, international human rights standards dictate that such limitations should not involve criminalization.
State institutions, including the president, are not entities whose reputations are protected by human rights law. "Criminalizing expressions like this will create a climate of fear in society and is a cruel tactic to silence criticism in the public space," he argued.
Therefore, according to Usman, the police must immediately release the student, as her arrest goes against the spirit of the Constitutional Court's decision. The state must not be anti-criticism, and it certainly should not use the law as a tool for silencing dissent. "Abusing the Information and Electronic Transactions Law is an inhumane tactic to silence criticism," he stated.
The Criminal Investigation Department of the Indonesian National Police arrested a woman with the initials SSS, who is suspected of uploading the meme of President Prabowo Subianto and former President Jokowi kissing. The woman is a student at ITB.
"Yes, it is true that a woman with the initials SSS has been arrested and is being processed," confirmed Sr Comr. Erdi A. Chaniago, the Head of the Public Relations Division of the Indonesian National Police, when contacted on Friday, May 9, 2025.
In this case, the police have charged SSS with violating decency laws, specifically Article 45 paragraph (1) in conjunction with Article 27 paragraph (1) and Article 51 paragraph (1) of the Information and Electronic Transactions Law. "[The investigation] is currently ongoing," he said.
Hammam Izzuddin contributed to the writing of this article.
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