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Indonesia Prepares Controversial Anti-Disinformation Legislation

The Indonesian government has begun drafting new regulations aimed at combating disinformation and foreign propaganda, sparking significant concern among civil liberties advocates who fear the measures could restrict freedom of expression and stifle legitimate criticism.

Coordinating Law, Human Rights, Immigration and Correctional Services Minister Yusril Ihza Mahendra confirmed last Thursday that the Law Ministry is studying the proposed regulation following direct instructions from President Prabowo Subianto. While specific details remain limited, Yusril emphasized that many countries have implemented similar legislation to protect their national interests.

“We have experienced this ourselves. There is a lot of disinformation and misunderstandings surrounding our national developments and interests that later become propaganda aimed at discrediting us,” Yusril told state news agency Antara. He added that false information targeting the country affects not only politics but also economic stability.

An academic manuscript circulating among journalists reveals the government’s reasoning behind the proposed legislation. The document argues that existing regulations addressing disinformation are fragmented and inadequate for systematically tackling the issue. It characterizes disinformation as an “organized and systemic phenomenon” involving “networks of fake accounts, bots, monetized misleading content and cross-border information operations” that threatens democracy, public order, and national security.

Rather than targeting individual users, the draft proposal aims to regulate the broader information ecosystem, covering both digital and traditional platforms, social media companies, broadcasting institutions, and organized actors such as paid “buzzers” or influencers. The manuscript proposes administrative penalties for platforms deemed negligent, while suggesting criminal punishment aligned with the new Criminal Code for those who spread disinformation leading to public unrest.

The document emphasizes that criminal sanctions should be reserved as a last resort, primarily targeting “organized actors who deliberately trigger systemic disruption.” It suggests greater emphasis on “public corrections, official clarifications, digital literacy initiatives, platform transparency obligations and proportional administrative penalties.”

However, civil society organizations have voiced strong opposition to the proposed legislation. The Indonesian Legal Aid Foundation (YLBHI) released a statement warning that the bill could significantly restrict freedom of expression by granting officials broader powers to control information and suppress dissent. The organization pointed to a pattern of government officials, including President Prabowo, labeling criticism from civil society as foreign propaganda or serving foreign interests.

YLBHI highlighted President Prabowo’s December 24 speech at the Attorney General’s Office headquarters in Jakarta, where he claimed he was often “laughed at” when discussing “foreign powers” wanting Indonesia to be “dismissed.” The legal aid organization has urged the government to abandon the plan, arguing it risks limiting constitutionally guaranteed freedoms and violating Indonesia’s commitments under the International Covenant on Civil and Political Rights.

Digital rights advocate Wahyudi Djafar of the Raksha Initiative criticized the proposal for potentially overlapping with existing regulations that already address disinformation, such as the Criminal Code and the revised Information and Electronic Transactions Law. “Introducing another law with similar provisions could expand government control over online content, increasing the risk of censorship and restrictions on public criticism,” Wahyudi said.

He also questioned the academic manuscript’s reliance on legal models from other countries that he argues no longer reflect current policy debates, including Singapore’s Protection from Online Falsehoods and Manipulation Act and Germany’s Network Enforcement Act.

“Indonesia already has the legal tools,” Wahyudi noted. “What is needed is a coordinated, balanced approach across ministries that safeguards information integrity without undermining freedom of expression.”

State Secretary Prasetyo Hadi attempted to allay concerns, noting the bill remains in the planning stage and has not been formally drafted. He emphasized that the policy aims to ensure platform accountability rather than restrict public access to information, adding that technological advancements, including artificial intelligence, must be accompanied by safeguards preventing misuse.

“Every platform and source of information must be accountable,” Prasetyo said, “and we need to consider the impact of these platforms, especially when used by irresponsible parties.”

The legislation was notably absent from the National Legislation Program agreed upon by the House of Representatives and the government, raising additional questions about the transparency and urgency of the drafting process.

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8 Comments

  1. Patricia Johnson on

    Interesting that Indonesia is looking to address foreign disinformation and propaganda. Balancing national interests with free expression is always a delicate challenge. I hope they can find an approach that is effective yet respects civil liberties.

    • Absolutely, that balance is crucial. Curious to see the specific details of the proposed legislation and how it will be implemented.

  2. Elijah Martinez on

    This is a complex issue without easy solutions. I hope Indonesia can develop an approach that effectively counters foreign propaganda while still upholding democratic principles and free speech.

  3. Indonesia has a valid concern about foreign propaganda impacting their national interests. However, any anti-disinformation measures must be carefully crafted to avoid overreach and restrictions on legitimate speech.

  4. Michael Martin on

    Given the global rise of misinformation, I can understand Indonesia’s motivations here. However, any anti-disinformation laws need very careful drafting to avoid infringing on legitimate criticism and discourse.

    • Linda Hernandez on

      Well said. Overly broad or vague laws in this area can easily be abused. Transparency and public input will be important.

  5. Combating disinformation is crucial, but the devil is in the details. I’ll be interested to see how Indonesia’s proposed law tries to balance national security and civil liberties.

    • Agreed, the specifics of the legislation will be key. Curious to hear the perspectives of civil society groups on this.

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