Criminalising Justice: The use of law on ‘ideological stigmatisation’ for attacking human rights movement in Indonesia

Ideological stigma, especially ‘communism’, has been still taking place significantly in the country in Indonesia’s New Order. This relates to 1965 massacre against member of communist party and its sympathiser. Such stigmatisation has been used also into the justice system, especially by using the court for attacking human rights groups, individuals, or those who defending rights. Even, the stigma had been effectively used to suppress human rights activism, especially dealing with two most risky human rights violation issues in decentralised Indonesia: anti-corruption and opposing excessive natural resources exploitation.
The paper takes the latest and most controversial case of Heri Budiawan als Budi Pego vs. The State of Republic of Indonesia in Banyuwangi (2017). This case departs from the role of public authorities who had been using ‘communist article’ under Indonesia’s Penal Code for the first time since its enactment, especially targeting environmental defenders.