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Indonesia: Worker arrested for criticizing former employer

On August 26, 2024, Septia Dwi Pertiwi, a former employee at a tax and accounting firm in Jakarta, Indonesia, was arrested after criticizing her previous employer online. A co-owner of the company accused her of defamation under the Electronic Information and Transactions Law. Septia had shared posts alleging that the company underpaid employees and ignored their rights.

She spent 25 days in custody at the Pondok Bambu Detention Center in Jakarta and is now under city detention until November 30, 2024, while she awaits the outcome of her legal proceedings at the Central Jakarta District Court. Unemployed and caring for her sick mother, Septia faces the risk of further detention as her trial continues. If convicted, she could be sentenced to up to four years in prison.

Here’s what you can do:

Write to the Attorney General of Indonesia urging him to:

  • Immediately release Septia Dwi Pertiwi and drop the charges against her;
  • Ensure that all activists can freely carry out their peaceful activities without fear of hindrance, intimidation, arbitrary arrest or other reprisals;
  • Stop using the Electronic Information and Transactions Law to silence activists and ensure that defamation is treated as a civil matter.

Write to:

Dr. Sanitiar Burhanuddin

Attorney General of the Republic of Indonesia

Jl. Panglima Polim No.1, South Jakarta, Jakarta 12160, Indonesia

Email: humas.puspenkum@kejaksaan.go.id

X: @ST_Burhanuddin, Instagram: @stburhanuddin

Salutation: Dear Attorney General,

And copy:

His Excellency Daniel Tumpal Sumurung Simanjuntak

Ambassador

Embassy of the Republic of Indonesia

55 Parkdale Avenue

Ottawa, ON K1Y 1E5

Tel: (613) 724-1100 Fax: (613) 724-1105, 4959

Email: publicaffairs@indonesia-ottawa.org

Background on employment dispute & social media criticism

Septia Dwi Pertiwi worked at PT Hive Five, a tax and accounting firm in South Jakarta, Indonesia. On October 27, 2022, she resigned, citing reduced salaries and unpaid commissions promised by the company. On January 21, 2023, she publicly criticized her former employer on social media, alleging unfair pay practices and worker rights violations. Following her post, she received anonymous threats of imprisonment within hours and repeated calls from company representatives, which she chose not to answer.

The next day, January 22, 2023, Henry Kurnia Adhi, the company’s co-owner, sent a legal notice accusing her of defamation and demanding clarification. On January 23, she received the first legal notice at her residence, followed by a second notice on January 27, and then a police summons on February 17.

Responding to the summons, Septia attended a mediation session on March 13 with her legal team, but Henry Kurnia Adhi did not appear. A second mediation was held on September 5, during which Henry demanded 300 million rupiah (approximately $26,000 CAD) in damages and a public apology. Although named a suspect, Septia was not detained, as she cooperated fully with investigators.

On August 27, 2024, Septia’s legal team requested a suspension of her detention, initially to be decided at her first court hearing on September 10. Due to a rescheduling, the hearing took place on September 17, with a continuation on September 19, when the court granted her suspension request.

Septia’s case reflects a concerning trend in Indonesia, where authorities frequently use the Electronic Information and Transactions (EIT) Law to criminalize individuals for their speech. Amnesty International reports that, between 2019 and October 2024, at least 554 people have faced charges under contentious sections of the EIT law.

Please take action as soon as possible until November 30, 2024! The UA will be duly updated should there be the need for further action.