Presented during some discussions on internet shutdown after PTUN Jakarta court decision over the shutdown on June 3, 2020.

1. INTERNET SHUTDOWN
IN INDONESIA AND WHAT NEXT?
DAMAR JUNIARTO
EXECUTIVE DIRECTOR AT SAFENET

2. SAFEnet is a network of digital rights defenders in Southeast Asia which was
established on 27 June 2013 in Bali, Indonesia. The establishment of SAFEnet was
motivated by the widespread criminalization of netizens because of its expression
on the Internet after the enactment of Law No. 11 of 2008 concerning Information
and Electronic Transactions (UU ITE). This prompted a number of bloggers,
journalists, Internet governance experts, and activists to form this association.
After previously only focusing on advocating freedom of expression on the Internet,
in 2018 SAFEnet began to widen the issue of advocacy towards the fulfilment of
digital rights
safenet.or.id
F/TW/IG/YT: @safenetvoice

3. Digital rights are human rights. Digital rights are the rights that guarantee every citizen
to access, use, create, and distribute digital media.
Right to Access
Includes freedom of access to the
Internet, such as the availability
of infrastructure, ownership and
control of Internet service
providers, digital inequality,
equality of access between
genders, screening and blocking,
free from internet shutdown.
Right to Express
Includes guarantees of diversity
in content, freedom of
expression, and use of the
Internet in mobilizing civil
society.
Right on Safety
Includes being free from mass
tapping and unlawful
surveillance, protection of
privacy, to being safe from
digital/cyber attacks.
OUR STANDPOINT

4. FRAMEWORKS
Freedom of information is
a fundamental human right.
ARTICLE 19 UDHR:
Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold
opinions without interference and to seek, receive and
impart information and ideas through any media and
regardless of frontiers.
ARTICLE 19 ICCPR:
1. Everyone shall have the right to hold opinions
without interference.
2. Everyone shall have the right to freedom of
expression; this right shall include freedom to seek,
receive and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in
print, in the form of art, or through any other media of
his choice.

5. RESTRICTION
Freedom of expression is not absolute and
every system of law provides for some
limitations on it.
ARTICLE 19 (3) ICCPR
The exercise of the rights provided for in paragraph 2 of this
article carries with it special duties and responsibilities. It may
therefore be subject to certain restrictions, but these shall
only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order
(order public), or of public health or morals.
A strict three-part test from independent courts for legality,
legitimacy and proportionality.
Test 1: “provided by law”
The government must follow a written law that is clear and
not ambiguous. Otherwise, people won’t know when and
how they might be accused of doing something wrong.
Test 2: “(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order
(ordre public), or of public health or morals.”
These are the only legitimate grounds for restricting speech.
Test 3: “necessary”
Restrictions should be applied only when really necessary.
Source: Toby Mendel, Restricting Freedom of Expression: Standards and Principles,
Center for Law and Democracy, 2015

6. INTERNET SHUTDOWN
An internet shutdown happens when someone — usually a government — intentionally disrupts the
internet or mobile apps to control what people say or do.
Shutdowns are also sometimes called “blackouts” or “kill switches.”
“An internet shutdown is an intentional disruption of
internet or electronic communications, rendering them
inaccessible or effectively unusable, for a specific
population or within a location, often to exert control over
the flow of information.”

7. INTERNET SHUTDOWN VERSUS THE WORLD
Over the past 4 years, Internet
shutdowns have become one of the
defining tools of government
repression in the 21st century.
0
50
100
150
200
250
2016 2017 2018 2019
Times

8. • Internet shutdowns are an extension of traditional forms of
censorship.
• Internet shutdowns are hurting democracy and economy, rather
than creating stability.
WHAT OTHER IMPACTS?
1. The digital economy also shuts down.
2. Affecting hospital from ordering new medicine, and prevented
people from using WhatsApp to call for medical assistance.
3. Online public services also shuts down.
4. The number of VPN/Virtual Private Networks users arise.
5. The intensity of violence arise.
NEW FORM OF CENSORSHIP

9. INTERNET SHUTDOWN IN INDONESIA
In Indonesia, the government shutdown the internet 3
times in 2019 in response to social conflicts.
1. 22 – 25 May 2019 : bandwith throttling
to slowing down image and video in
WhatsApp and social media platform in
Jakarta.
2. 19 August – 8 September 2019 :
bandwith throttling for 2 days, continue
with internet shutdown in Papua and West
Papua.
3. 23 – 28 September 2019: internet
shutdown in Wamena, Papua.

10. BANDWITH THROTTLING
JAKARTA: MAY 22-25, 2019
Press Release No.
105/HM/KOMINFO/
05/2019
Press Release No.
106/HM/KOMINFO
/05/2019
Press Release No.
107/HM/KOMINF
O/05/2019
Press Release No.
108/HM/KOMINFO/
05/2019
Wed, 22 May 2019
12.00 WIB
Wed, 22 May 2019
15.00 WIB
Sat, 25 May 2019
15.00 WIB
Monday, 27 May 2019
MICT: Take down content
and social media account
that spreading hoaxes.
MICT: Hoaxes first appear
in FB/IG, then spread using
messaging apps like
Whatsapp. MICT can’t
close WA numbers.
MICT: Don’t use VPN.
Please report hoaxes to
hotline channel.
MICT: Take down 551 FB accounts,
848 TW accounts, 640 YT accounts, 1
website, 1 Linkedin account.
Closes 61.000 WA numbers.

11. ON MAY PROTESTS
IN JAKARTA
Source: NETBLOCKS https://netblocks.org/reports/indonesia-blocks-social-media-as-election-
protests-escalate-XADE7LBg
Source: OONI
Blocking of WhatsApp, Facebook Messenger, &
Telegram by means of DNS on some ISPs.

12. IMPACTS ON E-COMMERCE
The Institute for Development of Economics and Finance (Indef) estimates
losses for three days restricting access to social media around Rp 681 billion.
The calculation, as many as 66% of online buying and selling transactions occur on social media platforms
such as Instagram, Facebook and Whatsapp. Only 16% of transactions go through the marketplace, based
on Ideas 2017 research.
The value of eCommerce transactions based on Indef's research in 2019 is estimated at US $ 8.7 billion or
Rp 126 trillion. Divided by 365 days, an average of Rp 345 billion per day.
As a result, the potential loss of buying and selling online by limiting access to social media per day is 66%
of 345 billion, namely Rp 227 billion. So three days of blocking, traders lost Rp 681 billion.

13. EVALUATION
• Economy losses around Rp681 billions
• No significant impact on social media traffic.
• Significant impact only on WhatsApp traffic.
• VPN is now widely known by internet users in Indonesia to bypass current and
future limitation by the government.

14. INTERNET SLOWDOWN – SHUTDOWN
PAPUA & WEST PAPUA: AUGUST 19 – SEPTEMBER 8, 2019
Press Release No.
154/HM/KOMINFO
/08/2019
Press Release No.
155/HM/KOMINFO/
08/2019
Press Release No.
159/HM/KOMINF
O/08/2019
Press Release No.
170/HM/KOMINF
O/09/2019
Press Release No.
173/HM/KOMINF
O/09/2019
Mon, 19 Aug 2019 Wed, 21 Aug 2019 Friday, 23 Aug 2019
MICT: Temporary
slowing down internet
access to combat
hoaxes.
MICT: Internet shutdown in
Papua and West Papua to
handle national security
situation
MICT: Continue to internet
blockage until situation in
Papua and West Papua back
to normal.
Wed, 4 Sep 2019
MICT: MICT open some
areas in Papua (19) and
West Papua (10), while
others still having internet
shutdown.
Sat, 7 Sep 2019
MICT: On Friday, 6 Sep
2019 22.30 local time,
MICT open Nabire and
Dogiyai, but still close 8
areas in Papua and 3 areas
in West Papua.

15. ON AUGUST SOCIAL UNREST
IN PAPUA AND WEST PAPUA
Source: NETBLOCKS https://netblocks.org/reports/internet-disrupted-in-papua-indonesia-amid-mass-protests-and-calls-for-independence-eBOgrDBZ

16. IMPACTS
SME’s online can’t do their business.
No public services: Balai Layanan Pengadaan Barang dan Jasa
can’t access LPSE.ATM can’t connect to server.
No news is a good news?
BUSINESS
JOURNALISM
PUBLIC
SERVICES
ECONOMY
HEALTHCARE

17. 7 FINDINGS SO FAR
1. Based on request (in)formal by other stakeholders. Internet slowdown is based on
request by police. Data blockade/shutdown is based on request by security sectors.
2. MICT based on Article 40 ITE Law and Telco Law. Article 40 UU ITE is only giving
authority to MICT for restricting illegal content, (muatan melanggar hukum), not to
cut the internet access.
3. No clear mechanism for bandwith throttling and internet shutdown.
4. No Standard Operating Procedures (SOPs) for both internet shutdown in May and
August 2019.
5. There is Extra Ordinary Situation but with no clear meaning.
6. No mitigation plan for covering public services.
7. Unclear estimation date for the shutdown.

18. PATHWAY TO JUSTICE
Online Petition
• Launch on
August 21,
2019
• 31,343
signatures
Somation Letter
• Sent on
August 23 &
26, 2019
• Objection
letter submit
to MICT on
September 4,
2019
Law Suit
• Submit law
suit on 21
November
2019
• Registration
Number 230
/ G / 2019 /
PTUN-JKT
Next?
• Result in
June 3, 2020
• Till June 18,
2020 there is
possibility of
appeal
process.
21/08/2019. 23/08/2019. 26/08/2019. 21/11/2019. 03/06/2020.

19. PTUN JAKARTA
Plaintiff’s Petitum
1. To grant the Plaintiff's claim for the whole;
2. States the Government Actions undertaken by DEFENDANT I and
DEFENDANT II took the form of:
a) Throttling or slowing down of access / bandwidth in some regions of the
Province
West Papua and Papua Province on August 19, 2019 since 13.00
WIT (Eastern Indonesia Time) until 20.30 WIT.
b) Blocking of data services and / or terminating internet access
comprehensive in Papua Province (29 Cities / Regencies) and West Papua
Province (13 Cities / Regencies) Dated August 21, 2019 until at least on
September 4, 2019 at 23:00 WIT;
c) Extend the blocking of data services and / or terminate internet access in 4
Cities / Regencies in Papua Province (ie Jayapura City, Jayapura Regency,
Mimika Regency, and Jayawijaya Regency) and 2 Cities / Regencies in West
Papua Province (ie Manokwari City and City of Sorong) since 04
September2019 23.00 West Indonesia Time until 09 September 2019 18.00
West Indonesia Time / 20.00 West Indonesia Time;
is an Unlawful Act by a Government Agency and / or Official, the Acts of the
DEFENDANTS a quo are deemed to be defective in authority, procedure and
substance;
3. Oblige the Defendants not to carry out a quo-like Government Actions in the
future;
4. Punish the Defendant to pay the costs incurred in this case.
Court Decision
1. Grant the plaintiff’s claim
2. State the actions of the government carried out by DEFENDANT I and
DEFENDANT II in the form of :
1) Throttling government action or the slowing down of access / bandwidth in
several areas of West Papua Province and Papua Province on August 19, 2019
from 13.00 Eastern Indonesian Time to 20.30 Eastern Indonesian Time
2) Government actions, namely blocking data services and / or terminating
internet access completely in Papua Province (29 cities / districts) and West
Papia Province (13 cities / districts) dated August 21 until at least on
September 4, 2019 at 23:00 WIT .
3) Government actions namely extending the blocking of data services and / or
terminating internet access in 4 cities / districts in Papua Province (ie Jayapura
City, Jayapura Regency, Mimika Regency, and Jayawijaya Regency) and 2 cities
/ districts in West Papua Province (ie Kota Manokwari and Kota Sorong) from
September 4, 2019 at 23:00 Eastern Indonesian Time to September 9, 2019 at
18:00 Western Indonesia Time / 20:00 Eastern Indonesian Time
were an unlawful act by a government agency and / or official.
3. Punish Defendant I and Defendant II for paying jointly costs of Rp. 457,000

20. ACHIEVEMENTS
1. From LEGAL perspective: The internet shutdown practices are
against the law and therefore no legal basis to be implemented
again.
2. From JUSTICE perspective: The people of Papua who suffered
from the internet shutdown practices in 2019 could make
compensation claims to the parties responsible.
3. From SOLIDARITY perspective: The result from Indonesia court
against internet shutdown in Papua and West Papua received
strong response from the Myanmar civil society to pressure the
Myanmar government to stop internet shutdowns in Rakhine
and Chin areas.

21. WHAT NEXT?
• It can happen not only in Jakarta and Papua. Maybe elsewhere in future, as long as there is a
(in)formal request and an extra ordinary situation.
• No guarantees of written SOPs in near future.
• Combatting hoaxes with internet slowdown/shutdown become an instant solution to quell
unrest and suppress the spread of rumours and hoaxes.
• There is no empirical evidence that proves this tactic is effective to tackle hoaxes. Rumours
and disinformation continue to spread with or without access to digital communication
networks, whose primary role is that of accelerators of information diffusion.
• Claims over success over shading the negative impact of internet slowdown/shutdown for
posing a threat to human rights around the world. They harm everyone: businesses,
emergency services, journalism, human rights defenders, and communities.
• Time to revise Article 40 UU ITE

22. THANK YOU
FOR QUESTIONS: INFO@SAFENET.OR.ID