Indonesia: Five years imprisonment and fine for Facebook post: Alnoldy Bahari
Alnoldy Bahari has been sentenced to five years imprisonment for Facebook posts deemed to be insulting of Islam and for allegedly spreading ‘hate speech’ under the country’s repressive Electronic Information and Transaction Law. Having only peacefully expressed his right to freedom of thought, conscience and religion, Alnoldy Bahari is a prisoner of conscience and must be immediately and unconditionally released.
UA: 86/18 Index: ASA 21/8348/2018 Indonesia Date: 7 May 2018
URGENT ACTION
FIVE YEARS IMPRISONMENT AND FINE FOR FACEBOOK POST
Alnoldy Bahari has been sentenced to five years imprisonment for Facebook posts
deemed to be insulting of Islam and for allegedly spreading ‘hate speech’ under the
country’s repressive Electronic Information and Transaction Law. Having only peacefully
expressed his right to freedom of thought, conscience and religion, Alnoldy Bahari is a
prisoner of conscience and must be immediately and unconditionally released.
Alnoldy Bahari was convicted of blasphemy and sentenced to five years in prison and a fine of 100 million rupiah
(app. US$ 7,150) by the Pandeglang District Court in Banten Province, Indonesia on 30 April 2018. First arrested
and detained on 1 December 2017, he was charged with blasphemy under Article 156(a) of the Criminal Code, and
Article 28(2) of the Electronic Information and Transaction (ITE) Law.
Alnoldy Bahari, a farmer in Pandeglang, was accused of ‘insulting Islam’ and spreading ‘hate speech’ for some of
his personal posts on his Facebook wall. Some of the allegedly offensive statements include “I am a Muslim and I
truly testify that there is no god but Allah (God). I have seen Allah, have you?” and “If a fake Muslim cleric has
entered political realm, then Qur’anic verses are not absolute truth anymore”. Feeling insulted by the Facebook
posts, some residents in Alnoldy Bahari’s neighbourhood reported him to the police.
Article 28(2) of the ITE Law, under which Alnoldy Bahari has been convicted now, carries a maximum sentence of
six years’ imprisonment and a fine of up to one billion rupiah (US$71,550) for “[a]ny person who deliberately and
without right disseminates information aimed to inflict hatred or hostility on individuals and/or certain groups of
community based on ethnic groups, religions, races and inter-groups (antargolongan).” While this provision refers
to incitement against individuals, in practice, it has been used in the past to prosecute individuals accused of
defaming or insulting a religion through online activities.
Blasphemy laws have been used by the authorities in attempts to stifle the rights to freedom of expression and
religion in Indonesia. While Alnoldy Bahari is the first person in 2018, at least 11 people were convicted of
blasphemy in 2017 either under Article 28(2) of the ITE Law or Article 156(a) of the Criminal Code.
Please write immediately in English, Bahasa Indonesia or your own language urging authorities to:
Immediately and unconditionally release Alnoldy Bahari and all other individuals who have been solely
detained for peacefully exercising their human rights;
Repeal or amend all blasphemy provisions set out in laws and regulations which violate the rights to
freedom of expression and thought, conscience and religion;
Ensure that judges and prosecutors are aware of Indonesia’s international human rights obligations and the
need for the application of national law to be consistent with them.
PLEASE SEND APPEALS BEFORE 18 JUNE 2018 TO:
Ministry of Law and Human Rights
Minister Yasonna Laoly
Ministry of Law and Human Rights
Jalan H.R. Rasuna Said Kav 6-7
Jakarta Selatan, DKI Jakarta12940
Indonesia
Fax: +62 (0)21 525 3004
Email: rohumas@kemenkumham.go.id
Salutation: Dear Minister
The Head of Judicial Commission
Prof. Dr. Aidul Fitriciada Azhari
Indonesia Judicial Commission
Jl. Kramat Raya No. 57,
Jakarta Pusat, DKI Jakarta10450
Indonesia
Fax: +62 (0)21 390 6215
Email: kyri@komisiyudisial.go.id
Salutation: Dear Mr.
And copies to:
Chairperson of the National Human Rights
Commission (Komnas HAM)
Mr. Ahmad Taufan Damanik
Komnas HAM
Jalan Latuharhary No. 4
Jakarta Pusat, 10310
Indonesia
Fax: +62 (0)21 392 5227
Email: info@komnasham.go.id
Also send copies to diplomatic representatives accredited to your country. Please insert local diplomatic addresses below:
Name Address 1 Address 2 Address 3 Fax Fax number Email Email address Salutation Salutation
Please check with your section office if sending appeals after the above date.
URGENT ACTION
FIVE YEARS IMPRISONMENT AND FINE FOR FACEBOOK POST
ADDITIONAL INFORMATION
International human rights law requires states to prohibit advocacy of national, racial or religious hatred that constitutes incitement
to discrimination, hostility or violence, as provided in Article 20(2) of the International Covenant on Civil and Political Rights
(ICCPR), to which Indonesia is a state party. The prohibition relates to incitement against persons belonging to particular groups,
including religious groups; it does not apply to blasphemy, which relates to ideas, such as religious beliefs or sacred symbols. In
order to comply with the ICCPR, any such prohibition must be very precisely formulated to cover only forms of expression which
contain both the element of advocacy of national, racial or religious hatred and the element of incitement to discrimination, hostility
or violence against the people concerned; moreover, such acts may only be criminally prosecuted if there is evidence of intent with
regard to both elements.
While states are permitted under international human rights law to impose certain restrictions on the exercise of freedom of
expression where this is demonstrably necessary for protection of the rights of others, this cannot be used to protect religions and
other belief systems from criticism. The right to freedom of religion or belief protects the rights of individuals and groups, but does
not protect religions as such or the religious sensibilities of their adherents, and does not include the right to have a religion or a
belief that is free from external or internal criticism or ridicule. The right to freedom of expression applies to information and ideas of
all kinds including those that may be deeply offensive. Accordingly, laws which prohibit expression on this basis, such as
blasphemy or religious insult laws, are incompatible with the right to freedom of expression, and such provisions should be
repealed.
Amnesty International has previously called on the Indonesian authorities to repeal all blasphemy provisions set out in laws and
regulations which impose restrictions on the right to freedom of expression and thought, conscience and religion which go beyond
those permitted under international human rights law and standards, or amend such provisions to bring them into compliance with
Indonesia’s international human rights obligations. (See https://www.amnesty.org/en/documents/asa21/018/2014/en/ for more
information.)
Ahmad Mushaddeq, Mahful Muis Tumanurung, and Andry Cahya were convicted of blasphemy by the East Jakarta District Court
on 7 March 2017. They were all leaders of the now disbanded, Fajar Nusantara Movement (Gafatar) adhering to the ‘Millah
Abraham’ religious belief that was considered by the Indonesian authorities as being ‘heretic’ because it intermixes the religious
teachings of Islam, Christianism and Judaism (see https://www.amnesty.org/en/documents/asa21/5851/2017/en/ for more
information). In addition, Jakarta Governor Basuki Tjahaja Purnama, better known as “Ahok”, was convicted and immediately
sentenced to two years’ imprisonment by the North Jakarta District Court on 9 May 2017 for blasphemy. Ahok, who is a Christian,
was accused of ‘insulting Islam’ in a video posted on the internet after he announced publicly that he would re-run as the governor
of Jakarta candidate in the 2017 election. (See https://www.amnesty.org/en/documents/asa21/6213/2017/en/ for more information.)
Name: Alnoldy Bahari
Gender m/f: m
UA: 86/18 Index: ASA 21/8348/2018 Issue Date: 7 May 2018