Protecting Human Rights Amid Protests and Unrest in Indonesia
By:
Dr. Benediktus Jombang, S.H., M.H., CLA., C.Med.
Human Rights Observer and Activist, Indonesia
Recent protests across Indonesia have drawn attention to the delicate balance between maintaining public order and protecting fundamental human rights. While citizens have the constitutional right to express grievances and assemble peacefully, some demonstrations have escalated into unrest, raising concerns about human rights violations and excessive use of force.
Freedom of Expression and Assembly
Freedom of expression and the right to peaceful assembly are enshrined in Indonesia’s Constitution (Article 28E) and international human rights law, including the International Covenant on Civil and Political Rights (ICCPR). These rights are essential for a functioning democracy, allowing citizens to voice concerns on political, social, and economic issues.
However, with this freedom comes the responsibility of the state to maintain public safety. Authorities must ensure that security measures do not infringe on these fundamental rights. Excessive force, arbitrary arrests, or intimidation of peaceful protesters undermines democracy and may constitute human rights violations.
Human Rights Risks During Unrest
Escalations in protests can lead to violations affecting both civilians and security personnel. Use of force should always be proportional, necessary, and in line with human rights standards. Approaches that prioritize dialogue and de-escalation over repression are crucial in protecting both public safety and individual rights.
Protecting Peaceful Protesters
Peaceful demonstrators must be guaranteed:
The right to assemble without intimidation or harassment.
The right to express opinions freely, without fear of retaliation.
Access to legal protection in case of abuse of authority or human rights violations.
Any detention or punitive action against protesters must follow due process and adhere to principles of non-arbitrariness, as outlined in Indonesia’s Law No. 9/1998 on Public Freedom of Expression.
Role of Independent Oversight
National human rights institutions such as Komnas HAM, civil society organizations, and independent monitors play a vital role in observing demonstrations, investigating potential violations, and ensuring accountability. Transparent reporting and public accountability strengthen trust between citizens and the state, preventing misuse of power and escalation of conflict.
Conclusion
Protests are a cornerstone of democratic engagement, but they must be managed in ways that protect human rights. The Indonesian government has a duty to uphold constitutional freedoms while ensuring public safety through proportional and humane measures. Respecting human rights during protests is not merely a legal obligation—it is an investment in social stability, democratic integrity, and international credibility.
A nation that balances civil liberties with security demonstrates resilience, strengthens institutions, and earns respect on the global stage. Upholding human rights amid public unrest is essential for Indonesia’s democracy to thrive.
