When Domestic Law Fails: International Law and Press Freedom in Indonesia
In March 2025, a large package was delivered to the office of Francisca Christy Rosana, a reporter for Tempo, one of Indonesia’s most respected and widely circulated investigative media outlets. Inside was not a gift or a shopping order, but a severed pig’s head— ears cut off, emitting a stomach-turning stench.[1] In the following days, Tempo’s newsroom received six more decapitated animals, this time rats wrapped in rose-adorned paper.[2]
These attacks have prompted strong criticism on the Prabowo administration, especially after his spokesperson’s dismissive comment on the pig head incident, suggesting the journalist should “just cook it.”[3] Such remarks not only trivialize serious threats but also reflect an alarming disregard for press safety from the highest levels of government.
While Indonesia’s Constitution and Press Law promise freedom of expression and protection for the press, the recent incidents show a growing gap between legal guarantees and the lived realities of journalists on the ground. One must ask if press freedom is actually enforced or just a paper tiger?
The Tempo-incidents do not stand alone. According to the National Commission on Human Rights, other writers and critics have experienced similar intimidation.[4] In recent months, an opinion writer for a national news outlet faced two rounds of coordinated online attacks after publishing a piece on military officials occupying civilian posts.[5]
Indonesia’s domestic legal system has failed to safeguard journalists from violence and intimidation, despite constitutional and statutory commitments. But all is not lost. Because this is where international human rights law, particularly the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), offers both a normative foundation and a strategic tool to push for stronger protections and greater accountability—if journalists and citizen activists are just aware of the practical steps they can take to use International Law in their favor.
Domestic Law vs. The Reality
The problem is not the institutional set-up of the country. Indonesia’s legal framework provides a proper constitutional and legislative foundation for freedom of expression and press freedom. The 1945 Constitution guarantees citizens the right to associate, assemble, and express their thoughts both orally and in writing, though these freedoms are subject to regulation by law.[6] Further protections are detailed in Law No. 39 of 1999 on Human Rights, which affirms individuals’ rights to hold and disseminate opinions through printed and electronic media, while also setting limits to safeguard religious values, public order, morality, and national unity.[7] The right to publicly express opinions, including the right to strike, is likewise protected, alongside the right to submit proposals and complaints to the government.[8] In addition, Law No. 40 of 1999 on the Press explicitly guarantees press freedom as a fundamental right, prohibits censorship or bans on the press, and grants the media the right to seek, acquire, and disseminate information.[9] It also establishes penalties for those who unlawfully obstruct the implementation of these rights.[10]
Despite this settled legal framework, other legal provisions at the same time also have been used to restrict press freedom. The Electronic Information and Transactions Law, particularly Article 27 paragraph 3 on defamation and Article 28 paragraph 2 on hate speech, is frequently misapplied to criminalize journalists, especially those involved in critical or sensitive reporting.[11] Similarly, Articles 310 and 311 of the Indonesian Criminal Code, which criminalize defamation, are often invoked to suppress freedom of expression. Moreover, Article 14 paragraphs (1) and (2) of Law No. 1/1946 concerning Criminal Law Regulations criminalizes the dissemination of false news or information. These provisions have become tools to intimidate journalists and curtail investigative reporting, undermining the constitutional promise of press freedom.[12]
The impact of these repressive tendencies is visible in current data and press freedom indicators. As of early May 2025, the Alliance of Independent Journalists (AJI) had recorded 38 incidents of violence against journalists within the year, including 14 cases in March alone. A national survey involving 2,020 journalists conducted in March 2025 revealed that over 75 percent had experienced violence, either in physical or digital form.[13] These numbers confirm that hostility toward journalists is not incidental but systemic. The decline in Indonesia’s ranking in the World Press Freedom Index from 108th in 2023 to 127th in 2025 underscores the deepening crisis.[14] The gap between normative legal protections and real conditions on the ground continues to widen.
In addition to legal harassment, digital intimidation has become a major concern for media institutions. Since 2024, Tempo reported being targeted by over one billion Distributed Denial of Service (DDoS) attacks, disrupting its operations for hours. Other leftist media organizations including Narasi TV and Project Multatuli have faced similar cyberattacks.[15] These incidents often coincide with reporting that challenges official narratives or reveals government misconduct. The attacks appear coordinated, yet investigations rarely lead to accountability or prosecution.
This pattern reflects more than an incidental failure of enforcement, which, in turn, suggests active complicity. Many acts of violence, intimidation, or legal persecution of journalists involve state agents, including members of the police or local government officials.[16] These actors rarely face legal consequences, while institutional safeguards like the Press Council remain weak and inconsistently applied. In such cases, the law not only fails to protect but is weaponized against journalists, creating a deep accountability crisis. When those meant to uphold the law violate press freedom, legal remedies lose meaning.
This raises a critical question: what mechanisms are available to safeguard journalists when threats and violations originate from state actors themselves? The answer lies beyond domestic law enforcement. It requires leveraging international human rights frameworks and mechanisms that hold states accountable, alongside domestic reforms. Without addressing state complicity, legal guarantees remain ineffective, and press freedom is fragile.
The Bigger Umbrella: International Human Rights Law
International human rights law offers essential standards and institutional tools that can reinforce protection for journalists and encourage meaningful reforms. As the Universal Declaration of Human Rights (UDHR) preamble affirms, the advent of a world “in which human beings shall enjoy freedom of speech and belief and freedom from fear and want” represents the “highest aspiration of the common people.”[17] Article 19 guarantees that “everyone has the right to freedom of opinion and expression,” including the freedom “to seek, receive and impart information and ideas through any media and regardless of frontiers.”[18] The UDHR further underscores that “no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence,” and everyone has “the right to the protection of the law against such interference or attacks.”[19] These foundational rights, though not legally binding, shape global standards and serve as a vital reference when national protections fall short.
Importantly, Indonesia has ratified the International Covenant on Civil and Political Rights (ICCPR) on October 28, 2005, which serves as a formal acknowledgment of the country’s commitment to uphold civil and political rights, including press freedom.[20] Article 19 of the ICCPR reiterates these protections by affirming that “everyone shall have the right to hold opinions without interference” and “the right to freedom of expression,” which includes the freedom “to seek, receive and impart information and ideas of all kinds…through any other media of his choice.”[21] While this article allows for restrictions, it strictly limits them to those that are provided by law and are necessary for protecting the rights or reputations of others, or safeguarding national security, public order, health, or morals.[22] These international provisions, to which Indonesia is legally bound, highlight clear normative and legal standards that should guide domestic legal enforcement, especially when press freedom is undermined by state actors.
The scope of Indonesia’s obligations is further clarified by the UN Human Rights Committee through General Comment No. 34, which emphasizes that any limitations on freedom of expression must not compromise the essence of the right itself.[23] The Committee explicitly states that defamation laws must not be misused to silence critical voices, and that counter-terrorism provisions must not be applied in ways that unduly restrict journalistic activities.[24] These interpretations present a direct challenge to Indonesia’s use of vague and overly broad legal provisions such as defamation, hate speech, or electronic information laws that are frequently used to suppress independent and critical reporting. Beyond the ICCPR, other international instruments also reinforce protections for journalists. The ASEAN Human Rights Declaration affirms the right to freedom of opinion and expression and highlights the importance of creating a safe environment for media practitioners.[25] These legal and normative frameworks collectively affirm that Indonesia must not only refrain from suppressing press freedom but must also take positive steps to ensure the safety of journalists from both legal intimidation and physical harm.
The strength of Indonesia’s legal commitments is significantly enhanced when supported by international norms and practices. The United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity promotes strategies focused on prevention, protection, and accountability.[26] Through this plan, UNESCO has supported more than thirty countries in establishing national safety mechanisms involving media, government, law enforcement, and civil society.[27] Indonesia has yet to implement such a coordinated mechanism, but examples from other countries can guide the way forward. A national plan could include training for judicial officials, the development of rapid response protocols to protect journalists under threat, systematic monitoring of violations, and independent investigations of abuse. The United Kingdom, for example, has formed a National Committee for the Safety of Journalists, where government bodies, media representatives, and civil society organizations work together to respond to emerging threats.[28]
International human rights standards also provide practical tools that civil society in Indonesia could use more effectively to protect press freedom. Groups such as the Alliance of Independent Journalists and other media watchdogs can draw on the International Covenant on Civil and Political Rights (ICCPR) to support legal challenges and public advocacy against laws that restrict critical reporting. These organizations should also engage more actively in the Universal Periodic Review (UPR) process by submitting shadow reports that document violence, censorship, and legal intimidation.[29] This engagement can prompt international bodies to issue recommendations that reinforce domestic advocacy and increase accountability.
Alongside civil society efforts, individual journalists have access to international complaint mechanisms. Under the ICCPR, journalists may submit complaints to the UN Human Rights Committee alleging violations of their rights, such as freedom of expression and personal security. This process is designed to be accessible, without legal representation, and can be initiated independently.[30] On the other hand, journalists also can report violations to the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, which monitors attacks against media professionals.[31] By making use of these mechanisms, journalists can raise the international profile of their cases, increase pressure on the Indonesian government, and contribute to the gradual strengthening of legal safeguards for press freedom.
Conclusion
Ultimately, Indonesia’s legal promises of press freedom ring hollow without real protection for journalists facing violence and intimidation. Domestic laws remain vulnerable to misuse, especially when state actors themselves undermine enforcement. International human rights law provides not just a moral compass but concrete tools to hold Indonesia accountable and push for meaningful change. By embracing these global standards, adopting coordinated safety mechanisms, and empowering civil society and independent journalists to use international forums strategically, Indonesia can begin to close the gap between its legal commitments and harsh realities. Protecting journalism is not a foreign burden but a democratic necessity that safeguards public trust, strengthens the rule of law, and ensures that the voices speaking truth to power are never silenced.
References
Adib Muttaqin Asfar. Advocacy Guide for Journalists Facing Charges under the ITE Law and Criminal Code. Jakarta: Alliance of Independent Journalists, 2024.
ASEAN Intergovernmental Commission on Human Rights. ASEAN Human Rights Declaration. Phnom Penh, 2012. https://asean.org/wp-content/uploads/2021/01/6_AHRD_Booklet.pdf.
Constitution of the Republic of Indonesia 1945 (Undang-Undang Dasar Republik Indonesia Tahun 1945).
International Covenant on Civil and Political Rights. Art. 19(1)– (3). https://www.ohchr.org/sites/default/ files/ccpr.pdf.
Kate Lamb. “Intimidation of Journalists in Indonesia Escalates with Pig Heads and Rats.” The Guardian, March 28, 2025. https://www.theguardian.com/world/2025/mar/28/intimidation-journalists-indonesia-pig-heads-rats.
Law No. 12 of 2005 on the Ratification of the International Covenant on Civil and Political Rights (Undang-Undang Republik Indonesia No. 12 Tahun 2005 tentang Pengesahan Kovenan Internasional tentang Hak-Hak Sipil dan Politik).
Law No. 39 of 1999 on Human Rights (Undang-Undang tentang Hak Asasi Manusia).
Law No. 40 of 1999 on the Press (Undang-Undang tentang Pers).
Mochamad Januar Rizki. “The Rubber Articles in the Latest Electronic Information and Transactions Law Still Threaten Critical Voices.” Hukumonline, January 5, 2024. https://www.hukumonline.com/berita/a/pasal-karet-dalam-uu-ite-terbaru-masih-mengancam-masyarakat-yang-kritis-lt6597e40be9b8c/.
National Committee for the Safety of Journalists. GOV.UK. https://www.gov.uk/government/groups/ national-committee-for-the-safety-of-journalists.
Office of the United Nations High Commissioner for Human Rights (OHCHR). Fact Sheet No. 7 (Rev. 2): The Individual Communications Procedure. August 2021. https://www.ohchr.org/sites/default/files/2021-08/FactSheet7Rev.2.pdf
Office of the United Nations High Commissioner for Human Rights (OHCHR). Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression. https://www.ohchr.org/en/special-procedures/sr-freedom-of-opinion-and-expression.
Reporters Without Borders (RSF). “Indonesia: RSF Condemns Police Violence against Journalists Covering Protests.” RSF. Published March 27, 2025. https://rsf.org/en/indonesia-rsf-condemns-police-violence-against-journalists-covering-protests.
Sinaga, Tigor. “Press Council Condemns Alleged Intimidation of Opinion Writer at Detik.com.” Kompas, May 25, 2025. https://www.kompas.id/artikel/dewan-pers-kecam-dugaan-intimidasi-terhadap-penulis-opini-di-detikcom.
Tempo. 2025. “Komnas HAM Deplores Detikcom’s Deletion of Opinion Piece as Author Claims Intimidation.” Tempo, May 25, 2025. https://en.tempo.co/read/2011052/komnas-ham-deplores-detikcoms-deletion-of-opinion-piece-as-author-claims-intimidation.
UN Human Rights Committee. General Comment No. 34: Article 19: Freedoms of Opinion and Expression, CCPR/C/GC/34 (12 September 2011). https://www2.ohchr.org/english/bodies/hrc/docs/gc34.pdf.
United Nations Human Rights Council. Basic Facts about the UPR. https://www.ohchr.org/en/hr-bodies/upr/basic-facts.
Universal Declaration of Human Rights. Preamble and Articles 12, 19. https://www.un.org/en/about-us/universal-declaration-of-human-rights.
UNESCO. UN Plan of Action on the Safety of Journalists and the Issue of Impunity. 2012. https://www.un.org/en/safety-journalists.
[1] Kate Lamb, “Intimidation of Journalists in Indonesia Escalates with Pig Heads and Rats” The Guardian, March 28, 2025, https://www.theguardian.com/world/2025/mar/28/intimidation-journalists-indonesia-pig-heads-rats
[2] Ibid.
[3] Ibid.
[4] Anis Hidayah, Chairperson of National Commission of Human Rights, quoted in “Komnas HAM Deplores Detikcom’s Deletion of Opinion Piece as Author Claims Intimidation,” Tempo, May 25, 2025, https://en.tempo.co/read/2011052/komnas-ham-deplores-detikcoms-deletion-of-opinion-piece-as-author-claims-intimidation
[5] Tigor Sinaga, “Press Council Condemns Alleged Intimidation of Opinion Writer at Detik.com.” Kompas, May 25, 2025, https://www.kompas.id/artikel/dewan-pers-kecam-dugaan-intimidasi-terhadap-penulis-opini-di-detikcom
[6] Constitution of the Republic of Indonesia 1945, art. 28.
[7] Law No. 39 of 1999 on Human Rights (Undang-Undang tentang Hak Asasi Manusia), art. 23(2).
[8] Ibid., arts. 25 and 44.
[9] Law No. 40 of 1999 on the Press (Undang-Undang tentang Pers), arts. 4(1)-(3).
[10] Ibid., art. 18(1).
[11] Mochamad Januar Rizki, “The Rubber Articles in the Latest Electronic Information and Transactions Law Still Threaten Critical Voices” Hukumonline, January 5, 2024, https://www.hukumonline.com/berita/a/pasal-karet-dalam-uu-ite-terbaru-masih-mengancam-masyarakat-yang-kritis-lt6597e40be9b8c/
[12] Adib Muttaqin Asfar, Advocacy Guide for Journalists Facing Charges under the ITE Law and Criminal Code (Jakarta: Alliance of Independent Journalists, 2024), 7–9.
[13] Marifka Wahyu Hidayat, “Press Freedom Index Declines, AJI Highlights Cases of Violence Against Journalists in the Regions” Liputan6, May 6, 2025, https://www.liputan6.com/regional/read/6013928/indeks-kebebasan-pers-menurun-aji-soroti-kasus-kekerasan-jurnalis-di-daerah
[14] Gembong Hanung, “Indonesia Slides in Global Press Freedom Index” Jakarta Post, May 5, 2025, https://www.thejakartapost.com/indonesia/2025/05/05/indonesia-slides-in-global-press-freedom-index.html
[15] Engelbertus Wendratama et al., Digital Security of Media Companies in Indonesia (Jakarta: Alliance of Independent Journalists, 2024), 18–28.
[16] Reporters Without Borders (RSF), “Indonesia: RSF Condemns Police Violence against Journalists Covering Protests,” RSF, March 27, 2025, https://rsf.org/en/indonesia-rsf-condemns-police-violence-against-journalists-covering-protests
[17] Universal Declaration of Human Rights, Preamble, https://www.un.org/en/about-us/universal-declaration-of-human-rights
[18] Ibid., art. 19.
[19] Ibid., art. 12.
[20] Law of the Republic of Indonesia No. 12 of 2005 on the Ratification of the International Covenant on Civil and Political Rights (Undang-Undang Republik Indonesia No. 12 Tahun 2005 tentang Pengesahan Kovenan Internasional tentang Hak-Hak Sipil dan Politik)
[21] International Covenant on Civil and Political Rights, art. 19(1)-(2), https://www.ohchr.org/sites/default/files/ccpr.pdf
[22] Ibid., art. 19(3).
[23] UN Human Rights Committee, General Comment No. 34: Article 19: Freedoms of Opinion and Expression, CCPR/C/GC/34 (12 September 2011), para. 21, https://www2.ohchr.org/english/bodies/hrc/docs/gc34.pdf
[24] Ibid., para. 47.
[25] ASEAN Intergovernmental Commission on Human Rights, ASEAN Human Rights Declaration, Phnom Penh, 2012, arts. 23-24, https://asean.org/wp-content/uploads/2021/01/6_AHRD_Booklet.pdf
[26] UNESCO, UN Plan of Action on the Safety of Journalists and the Issue of Impunity, 2012, https://www.un.org/en/safety-journalists
[27] Ibid.
[28] National Committee for the Safety of Journalists, GOV.UK, https://www.gov.uk/government/groups/national-committee-for-the-safety-of-journalists
[29] United Nations Human Rights Council, Basic Facts about the UPR, https://www.ohchr.org/en/hr-bodies/upr/basic-facts
[30] Office of the United Nations High Commissioner for Human Rights (OHCHR), Fact Sheet No. 7 (Rev. 2): The Individual Communications Procedure, August 2021, https://www.ohchr.org/sites/default/files/2021-08/FactSheet7Rev.2.pdf
[31] Office of the United Nations High Commissioner for Human Rights (OHCHR), “Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression,” https://www.ohchr.org/en/special-procedures/sr-freedom-of-opinion-and-expression