We, the undersigned human rights organizations, collectives, defenders, and advocates, jointly call on the Central Jakarta District Court in Indonesia to acquit Septia Dwi Pertiwi, a courageous laborer, of all charges brought against her.
Septia Dwi Pertiwi was a former female employee at Lima Sekawan Hive Five Ltd, a business licensing consultancy firm– who had endured multiple labor rights violations during her nearly two years of employment. Septia was charged under Article 27(3) of Law No. 19/2016 on Electronic Information and Transactions (ITE), compounded with Article 36, which penalizes acts causing harm to others. If convicted, she faces up to 12 years in prison. During the latest hearing on 11 December 2024, the public prosecutor demanded a sentence of 1 year and a fine of 50 million rupiah.
Court testimonies revealed that all employees at Hive Five were required to remain on standby 24/7, regardless of weekends or holidays, under the constant threat of salary deductions or termination. Additionally, laborers were denied access to social security (BPJS), overtime pay, minimum wage compliance, and clear employment contracts or regulations.
Jhon LBF, the Chief Commissioner of Hive Five, filed a lawsuit against Septia after she exposed the mentioned labor rights violations on her X (formerly Twitter) account. During police investigations, Septia substantiated nearly all her posts, except for the phrase “working 24 hours,” which she clarified as hyperbole to illustrate the extreme pressure workers faced. This claim was later corroborated in court when a witness confirmed Jhon LBF had contacted employees late at night.
We strongly denounce the baseless charges against Septia Dwi Pertiwi. Her prosecution highlights the plight of labor rights defenders in Indonesia, who face criminalization simply for exercising their freedom of expression in pursuit of justice. The relentless legal action against Septia flagrantly violates Indonesia’s obligations under international law, including Article 19 of the International Covenant on Civil and Political Rights (ICCPR).
Article 19 of the ICCPR guarantees the right to freedom of expression, which can only be restricted under strict conditions of legality, necessity, and proportionality. The Siracusa Principles further stipulate that such restrictions must aim to protect rights or national interests—conditions clearly unmet in Septia’s case, as her statements are justified and supported by strong evidence.
Instead of safeguarding citizens’ freedom of expression, the Indonesian government has facilitated defamation charges against Septia, undermining its commitments as a re-elected member of the United Nations Human Rights Council (2024–2026) to uphold civil and political rights. During the 2024 ICCPR Review, the UN Human Rights Committee urged Indonesia, as a state party, to adopt effective measures to protect individuals exercising their freedom of expression and to revise the defamation provisions in the ITE Law in accordance with the principles of legal certainty, necessity, and proportionality.
The criminalization of human and labor rights defenders remains pervasive in Indonesia. While the Environmental Protection and Management Act contains anti-SLAPP (Strategic Litigation Against Public Participation) provisions to protect environmental defenders, there are no similar safeguards for broader human rights defenders. The absence of anti-SLAPP provisions in Indonesia’s legal framework leaves human rights defenders, including labor activists like Septia, vulnerable to legal harassment and retaliation.
As the verdict approaches soon, we urge all stakeholders, including the international community and the public, to demand Septia’s acquittal. We must not remain silent in the face of this injustice. We stand in solidarity with Septia and recognize the critical role of labor rights defenders in safeguarding workers’ rights and freedoms.
To view the full joint statement, please refer to the following document:
We, the undersigned human rights organizations, collectives, defenders, and advocates, jointly call on the Central Jakarta District Court in Indonesia to acquit Septia Dwi Pertiwi, a courageous laborer, of all charges brought against her.
Tags
KontraS
Komisi Untuk Orang Hilang dan Korban Tindak Kekerasan
