Karimunjawa Environmental Activist Sentenced To 7 Months In Prison

JEPARA - Jepara District Court, Central Java, sentenced him to 7 months in prison and a fine of Rp. 5 million or a subsidiary of 1 month against environmental activist Karimunjawa Jepara Daniel Frits Maurits Tangkilisan for violating the Law on Information and Electronic Transactions (UU ITE).

In a trial at the Jepara District Court with an agenda of a decision led by the Chief Justice of Parlin Mangantas Bona and two member judges, Joko Ciptano and Yusuf Sembiring, respectively.

"The defendant Daniel was legally and convincingly proven to have spread information that caused hatred for certain community groups," said Chief Judge Parlin Mangantas Bona during a trial with a decision agenda at the District Court in Jepara as reported by ANTARA, Thursday, April 4.

The defendant was sentenced to 7 months in prison and a fine of Rp. 5 million provided that the fine was not paid, then he was replaced with imprisonment for 1 month.

The judge's decision is lighter than that of the public prosecutor (JPU) who demanded that Daniel be sentenced to 10 months in prison as well as a fine of Rp. 5 million for violating Article 28 paragraph (2) of Law Number 19 of 2016 concerning Amendments to Law no. 11/2008 concerning Electronic Information and Transactions (UU ITE).

The article states that everyone intentionally and without rights disseminates information aimed at causing hatred or hostility to certain individuals and / or community groups based on ethnicity, religion, race, and intergroup (SARA).

The panel of judges also determined that the defendant's arrest and detention period was reduced entirely from the sentence imposed. The defendant was still detained and evidence in the form of cellular phones belonging to the defendant and the defendant's Facebook account was also destroyed.

Daniel's legal advisory team strongly condemns the judge's decision because it does not consider the legal facts revealed at trial.

"We strongly condemn the panel of judges in Case Number 14/Pid.sus/2024/PN.Jpa at the Jepara District Court, which has given a decision that is not in accordance with the corridor," said Sekar Banjaran Aji, one of Daniel's legal advisers.

According to Sekar, the decision did not consider the legal facts revealed at the trial and the applicable legal provisions. In fact, contrary to the Decree of the three ministers which should be held as a rule in implementing the ITE Law.

He also asked the authorities to investigate the panel of judges who tried Daniel and examine the investigators of the Jepara Police Crime Unit I who processed this case.

Meanwhile, Southeast Asia Freedom of Expression Network (SAFEnet) found the verdict guilty of Daniel adding to the long list of criminalizations of netizens targeting critical and vocal groups.

Based on SAFEnet records, throughout 2023 at least six activists out of a total of 126 people were reported to the police using the rubber article in the ITE Law.

This guilty verdict, he said, is a form of silencing of online expressions that will be very dangerous for democracy in Indonesia because people who are critical of the nation's problems are easily punished.

"The ITE Law, which was revised in early 2024, is still an effective tool to suppress the free speech of the Indonesian people," said Nenden Sekar Arum, Executive Director of SAFEnet.

After the trial, a group of residents supporting Daniel took solidarity in front of the Jepara District Court office with a silent action against his mouth.

This trial is considered a form of silencing the freedom of expression of environmental defenders, efforts to hinder public participation, and diversion of the main problem in Karimunjawa, namely illegal intensive shrimp ponds that pollute and damage the Karimunjawa National Park ecosystem, which Daniel often criticizes.

"We are disappointed with how the judge considered his decision for Daniel. The judge did not at all judge how the witnesses from the legal assistant testified. Either testimony or evidence, especially those who can defend Daniel that environmental activists cannot be punished civilly or criminally," said Kasno, one of the participants in the action.

Previously, Daniel's trial had received attention at the national and international levels. More than 8,700 people have signed a petition demanding Daniel be released at change.org.

In addition, 31 international civil society organizations have issued a joint stance demanding Daniel's release from all demands.