Joint Declaration: Bill of Act on Electronic Information and Transaction (UU ITE/Law No 11/2008) is a Threat to Freedom of Speech and Freedom of Expression in Indonesia

The National Alliance on Cyber Law Reform in Indonesia

The National Alliance on Cyber Law Reform in Indonesia (Aliansi) is concerned by the government’s intention to control once more the fundamental freedoms which has been constitutionally guaranteed in Indonesia.

This control partly had been established by the hand Ministry of Communication and Information with four Government Regulations which have decrease the authority of Indonesia Broadcast Commission (KPI), the obligation to register pre-paid cell phone number, Bill of Act on Electronic Information and Transaction, Freedom of Information Act (UU KIP)

The Republic Indonesia has guarantee the human rights in the Second Amendment 1945 Constitution, and also has ratify the International Covenant on Civil and Political Rights, which certainly impose international obligation to harmonize the laws in Indonesia.

However Bill of Act on Electronic Information and Transaction has clearly disregard to respect, develop, and protect human rights and ignore Bill of Acts Number 10 Year 2004 on the Creation of Law Regulation which oblige all the material of law regulation to reflect the protection and respect to human rights. Inside Memory Consideration Bill of Act on Electronic Information and Transaction nothing related to the rule of Human Rights, because of it on the view of Aliansi this Bill of Act has show it’s true nature to disregard Human Rights.

The Bill of Act on Electronic Information and Transaction also does not have any clear purpose to promote therefore it’s a deviation from Bill of Acts Number 10 Year 2004 on the Creation of Law Regulation. This Bill of Act contravenes its original mission to protect electronic commerce and transaction. Even further by control civil right which is part of fundamental freedoms that enjoyed by each individual namely freedom of speech.

Aliansi estimates that at least there are seven rules inside Bill of Act on Electronic Information and Transaction which potentially become the threats are Article 27 (1), Article 27 (3), Article 31 (3), Article 40 (2), Article 45 (1), and Article 45 (2).

Beside that, Bill of Act on Electronic Information and Transaction also gave blank check in form of Government Regulations to implement Article 31 (3) and Article 40 (2).

Bill of Act on Electronic Information and Transaction also legalize the authority of Ministry of Communication and Informatics that had been strongly rejected by the media which is Agent of Ministry of Communication and Informatics shall be Civil Servant Investigator, aside National Police Investigator, to investigate the criminal act in the field of Informatics Technology and Electronic Transaction. Aliansi views this as a systematic effort from Ministry of Communication and Informatics to reinstate the glory at the old Ministry of Communication and Informatics, Ministry of Information.

Aside from Bill of Act on Electronic Information and Transaction, the government and parliament are also working on Draft Bill of Act on Technology Informatics Criminal Acts (RUU TIPITI) which Draft Bill of Act and Academic Draft were prepared by Global Internet Policy Initiative – Indonesia, Cyber Policy Club, and Indonesia Media Law and Policy Center. A Draft Bill of Act that also a threat to freedom of speech and freedom of expression in Indonesia.

Therefore, we, The National Alliance on Cyber Law Reform in Indonesia declare that:

1. We reject the state to control freedom of speech, press freedom, and freedom of expression in any form in Indonesia.
2. We denounce the regulations inside Bill of Act on Electronic Information and Transaction which threaten freedom of speech, press freedom, and freedom of expression.
3. We request to the government to amend the Bill of Act on Electronic Information and Transaction in accordance with Indonesia’s international obligations in human rights context and also to stop the legislation process on Draft Bill of Act on Technology Informatics Criminal Acts which clearly threaten freedom of speech, press freedom, and freedom of expression in Indonesia.
4. We invite all the component of civil society to watch over strictly all the legislation process in Parliament to ensure the Law Regulation is in accordance with Rules of Human Rights.

Jakarta, April 2008

National Alliance on Cyber Law Reform in Indonesia

Indonesian Legal Aid and Human Rights Association (PBHI)

Legal Aid Center for Press (LBH Pers)

Institute for Policy Research and Advocacy (ELSAM)

Institute for Criminal Justice Reform (ICJR)

Benteng Cisadane Bloger Community (KBBC)

Center for Democratic and Transparency (CDT)

Setara Institute

Alliance of Independent Jounalists (AJI) Indonesia

Perhimpunan Pendidikan Demokrasi (P2D)