Jakarta – The Advocacy Team for Democracy (TAUD) provided assistance on June 3 and 4 to 14 protesters who were arbitrarily arrested by the police at a May Day 2025 rally in front of the parliament building in Jakarta on 1 May.
A total of 13 people were named as suspects on May 7 and one other person on May 23. They were charged under Articles 212, 216 and 218 of the Criminal Code (KUHP), articles that the state often uses to criminalise the expression of legitimate opinions which is guaranteed by the Constitution.
The International Covenant on Civil and Political Rights, which has been ratified by Indonesia, emphasises that demonstrations may not be restricted arbitrarily. The application of the KUHP articles also contradicts Article 28E of the 1945 Constitution, which guarantees freedom of assembly and expression, and also violates Articles 24 and 25 of Law Number 39/1999 on Human Rights.
In addition, the application of articles to criminalise the victims also violates Law Number 9/1998 on Freedom of Expression in Public, which provides protection for people expressing opinions and explicitly prohibits their forced dispersal as stated under Article 18 paragraph (1). Therefore, criminalising demonstrators using these articles is an abuse of legitimate civil rights guaranteed by national and international law.
The violence experienced by the 14 demonstrators, ranging from arbitrary arrests, repressive actions in the field to deviant examination processes such as "interviews" and "clarifications" – which are not regulated at all in criminal procedure law – shows a pattern of violations that were carried out deliberately and systematically by the authorities.
The negative framing that was built from the beginning up until they were declared suspects without a legitimate basis is clear evidence that the police are openly spitting on the constitutional rights of citizens to express their opinions in public. This is not only a matter of violating procedures, but a real form of curbing democratic space.
Previously, TAUD sent a letter requesting an Order to Stop Investigation (SP3) and a postponement of examinations at the first summons (May 14) on the grounds that the victim still needed physical and psychological recovery due to the violence they experienced. Instead of responding to the letter, the Metro Jaya Regional Police (Polda) sent a second summons on May 23, ignoring the victims' legitimate and humane grounds for a postponement.
Meanwhile some of TAUD's findings on the process of examining those arrested as suspects who was carried out on June 3 and 4 are as follows:
First, there was an attempt to eliminate traces of violence by the authorities. During the investigation process, investigators repeatedly attempted to be nullify the victim's confessions regarding the acts of violence and sexual violence experienced during their arrests. This ignores the trauma and evidence of violence that should be the main concern in the legal process.
Second, there were questions that delegitimise the constitutional rights of victims. Investigators asked about "permission" to participate in demonstrations and establish medical posts, which lead to the narrative that the enjoyment of the right to express opinions and conduct volunteer work in the continuation of expressing opinions requires state approval. This shows that there is an effort to delegitimise the right to assemble and express opinions, which is protected by the Constitution and are the main foundations of democracy.
Third, there were attempts to delegitimise the work of paralegals and paramedic volunteers. Four of those who were named suspects in this case were medical volunteers who were on duty at the May Day 2025 action. During the examination of the four paramedics, investigators repeatedly tended to redirect the narrative to the lack of relevance between their educational backgrounds and their role as paramedics. This proves the police's lack of knowledge and understanding of the humanitarian-based volunteer work carried out by the four paramedics who were named suspects. Two of the 14 demonstrators also had the status of paralegals that carry out legal aid work. The provisions of Law Number 16/2011 on Legal Aid and Article 3 paragraph (1) of Law and Human Rights Ministry Regulation (Permenkumham) Number 3/2021 on Paralegals provides guarantees of legal protection, security and safety for paralegals carrying out their duties both inside and outside the court. The police should not have made the arrests, let alone named them as suspects.
Fourth, there is a tendency to belittle the May Day action that took place in front of the House of Representatives/People's Consultative Assembly (DPR/MPR) building. During the examination process, investigators also questioned why the victims who were named as suspects chose to be present in front of the DPR/MPR building instead of attending the May Day action at the National Monument (Monas) which was attended by the President of the Republic of Indonesia. In addition to being irrelevant to the articles used to charge them, the question also indicates an attempt by the police to create a negative frame for the May Day action that took place in front of the DPR/MPR building and to belittle the right to freedom of assembly that was freely chosen by the victims.
Fifth, there were violations of the applicable criminal procedure law. Several victims were named as suspects without ever being questioned or first completing a Police Investigation Report (BAP) as a suspect or potential suspect as regulated under Constitutional Court ruling Number 21/PUU-XII/2024. The victims also underwent "examinations" without being informed of their rights and in a situation of uncertainty regarding the stages they were undergoing in the criminal justice system.
Sixth, based on the existence of various irrelevant questions and an illegitimate legal process that is contrary to the applicable criminal procedure law, all of the victims who were named suspects refused to sign the BAPs. This refusal was made as a statement that the 14 victims strongly opposed being named suspects and against all attempts to criminalise the right to express opinions that every citizen has.
The TAUD believes that the legal process against these victims was procedurally and substantially flawed. They are victims, not perpetrators. They were the targets of violence by the authorities, but were openly criminalised.
The TAUD therefore urges:
- The President of the Republic of Indonesia to eliminate all forms of criminalisation against workers, farmers, fishers, the urban poor, anti-corruption activists and students that are still ongoing to this day and guarantee the implementation of the right to express opinions and respect the values of fulfilling human rights;
- The Indonesian National Police Chief (Kapolri) to order Greater Jakarta Metropolitan Police chief (Kapolda Metro Jaya) c.q. the director of criminal investigation to immediately issue an Order to Stop Investigation (SP3);
- The police chief to conduct an evaluation and take legal actions against officers who are strongly suspected of committing violence and human rights violations;
- The police chief to carry out and prioritise the restoration of the victims' rights in a comprehensive manner, including the right to justice, truth and guarantees of non-recurrence;
- The National Human Rights Commission (Komnas HAM) and the National Commission on Violence Against Women (Komnas Perempuan) immediately provide guarantees of protection for the 14 (fourteen) people who are victims of criminalisation as human rights defenders who are protected by law;
- Students, workers, academics and all civil society groups to jointly stand in solidarity against dirty law enforcement practices and criminalisation;
We also call on civil society, the media and the legal community to closely monitor this process. Democracy will not grow from repression by the authorities against citizens who speak out for justice.
With respect,
The Advocacy Team for Democracy (TAUD)
Indonesian Legal Aid Foundation (YLBHI), Jakarta Legal Aid Foundation (LBH Jakarta), the Commission for Missing Persons and Victims of Violence (Kontras), the Legal Aid Institute for the Press (LBH Pers), the Jakarta Women's Legal Aid Foundation for Justice (LBH APIK), the Institute for Criminal Justice Reform (ICJR), the Community Legal Aid Institute (LBH Masyarakat), the Indonesian Forum for the Environment (Walhi), Greenpeace Indonesia, the People's Coalition for Fisheries Justice (KIARA), Trend Asia, the Indonesian Legal Aid and Human Rights Association (PBHI), the Lokataru Foundation, the Indonesian Centre for Legal and Policy Studies (PSHK), the IM57+ Institute, the Southeast Asia Freedom of Expression Network (SAFEnet), the Indonesian Alliance of Independent Journalists (AJI), the Nusantara Indigenous Community Defence Association (PPMAN), Amnesty International Indonesia (AII), the Mining Advocacy Network (JATAM), Jakarta Street Paralegal, the AMAR Law Firm & Public Interest Law Office (AMAR PILO), Indonesian Corruption Watch (ICW), the People's Earth Heritage Foundation (Pusaka), Indonesian Human Rights Watch (Imparsial) and Destructive Fishing Watch (DFW) Indonesia.
[Translated by James Balowski. The original title of the article was "Kepolisian Harus Segera Menghentikan Kriminalisasi Massa Aksi Mayday Tanpa Syarat: Penikmatan Hak Konstitusional Tidak Dapat Dipidana! – YLBHI".]
