Fatia, is a former coordinator of the Commission for the Disappeared and Victims of Violence (KontraS), and Haris is the Executive Director of the Lokataru Foundation. Both organisations share a reputation for their adamant human rights engagement.
The criminal persecution started after Haris published a video on his YouTube channel on August 20, 2021. In this video, the two talked about results of an investigation by environmental and human rights organisations on the business interests of Indonesian soldiers in gold mining, in particular in the Blok Wabu area in Papua Province. They directly implicated Luhut Binsar Pandjaitan, the Coordinating Minister for Maritime Affairs and Investment who is one of the most powerful figures in Indonesian politics. They alleged that “Lord Luhut” owned shares of companies working in the mining sector in Papua. Luhut then asked them to publicly apologise, but Haris and Fatia refused to do this. Subsequently, Luhut filed a police report. Eventually, the two were charged with criminal defamation under article 27(3) of the Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law) and article 310(1) of the Indonesian Criminal Code, as well as with spreading false information according to article 14(2) of Law No. 1/1946 on Criminal Law Regulations.
The persecution alerted many activists all over the archipelago. For example, a range of civil society groups signed a statement of “Solidarity for Human Rights Defenders Fatia Maulidiyanti and Haris Azhar.” In January 2024, protesters at the District Court in Sorong, West Papua, at the District Attorney General's office in Yogyakarta, and at the East Jakarta District Court held protests to emphasise their support for Fatia and Haris. Notably, in January 2024, the two were acquitted by this latter Court because the presiding judge saw the charges as unfounded.
To Fatia and Haris, the investigation und the trial must have been very stressful. Until today, many Indonesian civil society activists fear becoming victims of arbitrary persecution. Especially those groups openly criticizing political and business elites are under the constant threat of being criminalised. Therefore, the acquittal was perceived as a great relief.
This was all the more the case when in a landmark ruling on March 21, 2024, the Indonesian Constitutional Court declared unconstitutional Article 310 Paragraph (1) of the Criminal Code as well as Articles 14 and 15 of Law No. 1/1946 on Criminal Law Regulation (all of them concerning the spread of false information). Behind the petitions to the Constitutional Court were Fatia and Haris represented by the Tim Advokasi Untuk Demokrasi (TAUD/Advocacy Team for Democracy) including the Indonesian Legal Aid Foundation and the Alliance of Independent Journalists.
[Joint Statement] Indonesia: Solidarity for Human Rights Defenders Fatia Maulidiyanti and Haris Azhar, November 22, 2023, https://forum-asia.org/joint-statement-indonesia-solidarity-for-human-rights-defenders-fatia-maulidiyanti-and-haris-azhar/
Acquittal of Fatia-Haris a victory for the people against criminalization Arah Juang, January 22, 2024, https://www.asia-pacific-solidarity.net/news/2024-01-22/acquittal-of-fatia-haris-victory-people-against-criminalisation.html