Police Must Immediately Stop Criminalizing Mayday Demonstrators Without Conditions: Enjoyment of Constitutional Rights Cannot Be Criminalized!
Press Release from the Advocacy Team for Democracy (TAUD) Jakarta.
The Police Must Immediately Stop Criminalizing the Mayday Demonstration Masses Without Conditions: Enjoyment of Constitutional Rights Cannot Be Criminalized!
Jakarta, June 5, 2025 – The Advocacy Team for Democracy (TAUD) has provided assistance on June 3 and 4, 2025 to 14 Mayday 2025 demonstrators who were arbitrarily arrested by the police on May 1, 2025.
A total of 13 of them were named as suspects on May 7, 2025, and one other person on May 23, 2025. They were charged with Articles 212, 216, and 218 of the Criminal Code, articles that are often used by the State to criminalize the expression of legitimate opinions guaranteed by the Constitution.
The International Covenant on Civil and Political Rights, ratified by Indonesia, emphasizes that demonstrations may not be arbitrarily restricted. The application of these articles also contradicts Article 28E of the 1945 Constitution, which guarantees freedom of assembly and expression, and also violates Article 24 and Article 25 of Law No. 39 of 1999 concerning Human Rights. In addition, the application of these articles to victims of criminalization also violates Law No. 9 of 1998 concerning Freedom of Expression in Public (Law 9/1998), which provides protection for perpetrators of expressing opinions and explicitly prohibits forced dispersal as stipulated in Article 18 paragraph (1). Therefore, criminalizing demonstrators using these articles is a form of abuse of legitimate civil rights guaranteed by national and international law.
The violence experienced by the 14 demonstrators, ranging from arbitrary arrests, repressive actions in the field, to a series of deviant examination processes such as “interviews” and “clarifications” — which are not regulated at all in criminal procedure law — shows a pattern of deliberate and systematic violations by the authorities. The negative framing that was built from the beginning until the determination of suspect status without a legitimate basis, is clear evidence that the police have openly spat on the constitutional rights of citizens to express their opinions in public. This is not just a matter of violating procedures, but a real form of silencing democratic space.
Previously, TAUD had sent a letter requesting termination of investigation (SP3) and postponement of examination on the first summons (May 14, 2025), on the grounds that the victim still needed physical and psychological recovery due to the violence experienced. Instead of responding to the letter, Polda Metro Jaya sent a second summons on May 23, 2025, ignoring the victim's legitimate and humane reasons.
Here are some of TAUD's findings in the process of examining the victim's arrest as a suspect carried out on June 3 and 4, 2025:
First, there were attempts to eliminate traces of violence by the authorities. During the examination process, the victim's confession regarding the acts of violence and sexual violence experienced during the arrest was repeatedly attempted to be nullified by the investigators. This is a form of ignoring trauma and evidence of violence which should be the main concern in the legal process.
Second, there were questions that delegitimized the victim's constitutional rights. The investigator asked about "permission" to take part in demonstrations and establish medical posts, this question led to the narrative that the enjoyment of the right to express opinions and volunteer work in the continuation of expressing opinions requires state approval. This shows that there is an attempt to delegitimize the right to assemble and express opinions, which are protected by the constitution and are the main foundation of democracy.
Third, there are attempts to delegitimize the work of paralegals and paramedic volunteers. Four of the victims who were named suspects in this case were medical volunteers who were on guard at the Mayday 2025 demonstration. During the examination of the four paramedics, investigators repeatedly tended to direct the narrative regarding the lack of relevance between their educational background and their role as paramedics. This proves the lack of knowledge and understanding of the police regarding humanitarian-based volunteer work such as that carried out by the four paramedics who were named suspects. Two of the 14 people in the demonstration also had the status of Paralegals who carried out legal assistance work. The provisions of Law 16/2011 concerning Legal Aid and Article 3 paragraph (1) of Permenkumham No.3/2021 concerning Paralegals provide guarantees of legal protection, security and safety in carrying out their duties both inside and outside the court. The police should not have made arrests, let alone named them as suspects.
Fourth, there is a tendency to belittle the Labor Day action that took place in front of the DPR/MPR RI. During the examination process, investigators also questioned why the victims who were named suspects chose to be present in front of the DPR/MPR RI building instead of attending the Labor Day action at Monas which was attended by the President of the Republic of Indonesia. In addition to being irrelevant to the articles charged, this question can also be indicated as an attempt by the Police to create a negative frame for the Labor Day action that took place in front of the DPR/MPR RI building and to belittle the right to freedom of assembly that was freely chosen by the victims.
Fifth, there was a violation of the applicable criminal procedure law. Several victims were named as suspects without ever being examined or making a Minutes of Examination as Witnesses/Potential Suspects first as regulated in the Constitutional Court Decision Number 21/PUU-XII/2024. The victims also experienced "examination" without being informed of their rights and in a situation of uncertainty regarding the stages they were going through in the criminal justice system. Sixth, based on the existence of various irrelevant questions and an illegitimate legal process that is contrary to the applicable criminal procedure law, all victims who were named suspects refused to sign the examination report. This refusal was made as a form of statement that the fourteen victims strongly opposed the suspect status against them and against all attempts to criminalize the right to express opinions that every citizen has.
TAUD considers the legal process against these victims to be procedurally and substantially deviant. They are victims, not perpetrators. They are the targets of violence by the authorities, but are openly criminalized.
Therefore, TAUD urges:
The President of the Republic of Indonesia to eliminate all forms of criminalization against workers, farmers, fishermen, the urban poor, anti-corruption activists and students that are still ongoing to this day and to guarantee the implementation of the right to express opinions and respect the values of fulfilling human rights;
The Chief of the Indonesian National Police (Kapolri) orders the Chief of the Jakarta Metropolitan Police (Kapolda Metro Jaya) c.q. Director of Criminal Investigation to immediately issue a Letter of Order to Terminate Investigation (SP3);
The Chief of Police to conduct an evaluation and legal process against officers who are strongly suspected of committing violence and human rights violations;
The Chief of Police to carry out and prioritize the restoration of victims' rights in full, including the right to justice, truth, and guarantees of non-recurrence;
Komnas HAM and Komnas Perempuan to immediately provide protection guarantees for 14 (fourteen) people during the action who were victims of criminalization as Human Rights Defenders (HAM Defenders) who are protected by law;
Students, workers, academics, and all civil society groups to jointly stand in solidarity against the dirty practices of law enforcement and criminalization;
We call on civil society, the media, and the legal community to closely monitor this process. Democracy will not grow from the repression of the authorities against citizens who speak out for justice.
Sincerely,
Advocacy Team for Democracy (TAUD)
YLBHI – LBH Jakarta – KontraS – LBH Pers – LBH APIK Jakarta – ICJR – LBH Masyarakat – WALHI – Greenpeace Indonesia – KIARA – Trend Asia – PBHI – Lokataru Foundation – PSHK Indonesia – IM57+ Institute – SAFEnet – AJI Indonesia – PPMAN – Amnesty International Indonesia – JATAM – Jakarta Street Paralegal – AMAR PILO – ICW – PUSAKA Bentala Rakyat – Imparsial – DFW Indonesia
