2) President Widodo abandons appeal against Papua internet block court ruling
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1) Govt drops appeal against ruling on internet shutdown in Papua
Moch. Fiqih Prawira Adjie The Jakarta Post
Jakarta / Sun, June 21, 2020 / 12:32 pm
The government has decided to drop its appeal against a court ruling that found it had violated the law for blocking internet access in Papua and West Papua amid tensions caused by a string of antiracism protests in the two provinces last year.
Presidential expert staff member Dini Shanti Purwono confirmed the government had decided to retract its appeal.
“From what I have gathered, the Communications and Information Ministry issued a retraction letter on Thursday. The President is set to issue [a retraction letter] on Monday,” Dini told The Jakarta Post on Saturday.
The Jakarta State Administrative Court (PTUN) had previously sent letters notifying civil society groups that the two defendants in the case, Jokowi and Communications and Information Minister Johnny G. Plate, had filed appeals against the court ruling.
“The first defendant [Jokowi] filed an appeal against the court ruling on June 12, 2020,” states the notification letter from the PTUN to the plaintiffs, a copy of which was obtained by the Post on Saturday.
Another letter informed the plaintiffs that the second defendant, the communications and information minister, had filed an appeal as well.
The PTUN previously ruled on June 2 in favor of civil society organizations that filed a lawsuit against the government on the matter, accusing it of having violated the 1959 State Emergency Law when it imposed an internet blackout in the provinces.
The judges argued the government failed to prove during the court hearing that the country was in a state of emergency that required authorities to shut down the internet. The bench also argued that any policy that limited people’s right to information should be made in accordance with the law and not merely based on the government’s discretion.
The plaintiff was a coalition of civil groups including the Alliance of Independent Journalists (AJI), the Southeast Asia Freedom of Expression Network (SAFEnet), the Foundation of the Indonesian Legal Aid Institute (YLBHI) and the Institute for Policy Research and Advocacy (ELSAM).
While expressing their disappointment at the news of the government’s appeal, the plaintiffs said they were ready to face the government in the courtroom once again, believing the higher courts would not change the initial ruling.
Antiracism protests occurred in the country’s easternmost provinces from August to September last year, prompted by racial abuse toward a Papuan student in Surabaya. The government started imposing internet restrictions in Papua and West Papua on Aug. 21, 2019, on the pretext of maintaining security, with a partial ban in several regions that lasted until early September. (rfa)
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2) President Widodo abandons appeal against Papua internet block court ruling
Kompas.com – June 20, 2020
Ihsanuddin, Jakarta – President Joko “Jokowi” Widodo has cancelled an appeal against a Jakarta Administrative Court (PTUN) ruling which found the government at fault for blocking internet access in Papua in 2019.
“The president has decided not to submit an appeal”, Special Presidential Staff for legal affairs Dini Purwono told Kompas.com on Saturday June 20.
Purwono admitted that earlier the president had in fact submitted an appeal with the letter of notification of appeal from the PTUN already having been sent to the plaintiffs in the case.
The appeal submission however will be withdrawn. “It will be withdrawn”, said Purwono.
Purwono said that in the end the president cancelled the appeal because the government has in fact already complied with the PTUN’s ruling, and had done so even before the ruling was handed down.
“So there is no longer any substance which has to be debated. It’s better at the moment if the government’s concentration is directed towards things that are more important, especially the Covid-19 pandemic situation”, she said.
Earlier the Jakarta Administrative Court (PTUN) ruled that the President of the Republic of Indonesia and the Ministry of Communication and Information (Menkominfo) broke the law by blocking internet access to Papua in 2019.
The internet block was carried out in August 2019 following riots which occurred because of protest actions in Papua and West Papua.
“[The court] declares that the government’s actions carried out by the defendants I and II were an act in violation of the law”, said presiding Judge Nelvy Christin I reading out the verdict on Wednesday June 3.
The first defendant was the Ministry of Communication and Information and the second defendant was President Widodo. The panel of judges sentenced the defendants I and II to pay court costs amounting to 457,000 rupiah.
Following this, Indonesian Alliance of Independent Journalists (AJI) General Chairperson Abdul Manan as one of the plaintiffs in the case received a notification from the PTUN informing them that the government had submitted an appeal against the ruling.
“Yes we’ve already received the notification”, Manan told Kompas.com on Friday evening, June 19.
Manan received two notifications that the respective defendants in the case, the Menkominfo and President Widodo, had submitted an appeal. The notification was signed by Jakarta PTUN registrar Sri Hartanto.
[Translated by James Balowski. The original title of the article was “Jokowi Batal Ajukan Banding Putusan PTUN soal Kasus Blokir Internet Papua”.]
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