The Sustainable Madani Foundation summarizes several important events related to the economic and political conditions that occurred in the past week (May 18-May 24, 2021). Here are the excerpts:
1. Regulation of the Minister of Communication and Informatics Number 5 of 2020 concerning the Implementation of Private Electronic Systems
Regulation of the Minister of Communication and Informatics Number 5 of 2020 concerning Private Electronic System Providers (PSE) requires every PSE to register with the Ministry of Communication and Informatics to obtain a certificate. Electronic platforms are required to register within six months after the regulation was enacted on November 24, 2020. The regulation mentions several parties that must be registered with the Ministry of Communication and Informatics, namely PSEs operating in Indonesia, providing services or being used in Indonesia. This includes those established in other countries or permanently domiciled in other countries such as Facebook, TikTok, and Clubhouse.
They must report everything from their business models to the personal data they process. Platforms are also required to provide access to electronic systems upon request from ministries/agencies, provided they meet the requirements. Private ESOs are also required to assist law enforcement in handling cases, and the requested data must be provided no later than five calendar days after the request is submitted.
This regulation has drawn criticism from several parties. SAFEnet stated that this regulation has the potential to be a "violation of fundamental rights or legalized human rights." This regulation potentially violates Article 12 of the Universal Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights because it makes personal data so easily accessible to authorities, even though there has been no independent oversight in obtaining access and the data is often misused. This regulation also allows for the termination of access, which means the potential for limiting user rights. There are 65 terms 'termination of access' in the regulation. The standards for restrictions are also considered flexible.
Furthermore, the substance of this regulation is also considered to “exceed the limits stipulated in Law No. 12/2011 concerning the Formation of Legislation.” Legally, “the content of the Ministerial Regulation should be limited to the framework of ‘the implementation of certain government affairs,’” while “the substance of Ministerial Regulation No. 5/2020 contains content that covers the regulation of digital rights, including their limitations.”
Wahyudi Djafar, a researcher from the Institute for Policy Research and Advocacy (Elsam), explained that the regulation lacks a clear mechanism and oversight. Wahyudi stated that personal data and rights restrictions, such as takedowns, can only be implemented in two ways: through statutory regulations or court decisions, and the Minister of Communication and Information Technology Regulation clearly violates this. He also worries that those granted access, such as the government, institutions, and law enforcement, will abuse their power by taking material that does not comply with the request letter to the platform. Furthermore, Minister of Communication and Information Technology Regulation 5/2020 also creates a state-centered situation because it makes the government the regulator, supervisor, and sanction-giver. He believes this is far from democratic values.
2. G7 Group Agrees to Stop Coal Funding to Address Climate Change
The seven developed nations of the G7 group agreed to halt international funding for carbon-emitting coal projects by the end of this year, including a cessation of support for all fossil fuels, to meet globally agreed climate change targets. The G7 countries also agreed to work with other global partners to accelerate the deployment of zero-emission vehicles, decarbonize the power sector by the 2030s, and eliminate international fossil fuel financing, although no specific target dates were given. However, it is important to note that the G7 countries need to set a more stringent timetable for implementing this agreement.
3. The European Union is considered inconsistent regarding Indonesian palm oil.
Deputy Minister of Trade Jerry Sambuaga assessed that the European Union's stance on Indonesian palm oil is inconsistent with the basic principles of fair and free trade. He stated that the EU appears to be continually seeking excuses to block the entry of palm oil products into the region.
The rationale used is deemed insufficiently scientifically sound, suggesting it is merely an attempt to avoid fair market competition.
According to Jerry, the European Union's rationale is flawed, particularly in the implementation of environmental parameters. Furthermore, the EU tends to view land use in a partial manner and fails to properly consider the historical process of land use.
Jerry emphasized that Indonesia has the right to allocate resources according to its own policy framework. This is a manifestation of Indonesia's economic sovereignty. Moreover, in formulating economic and development policies, Indonesia already takes into account various multi-sectoral considerations, including environmental, sociological, and health issues.
For your information, the European Union has questioned Indonesian palm oil products, particularly biodiesel, for violating ILUC and REDD+. Indonesia has challenged this trade barrier at the WTO. Jerry has led the Indonesian delegation in Geneva several times to challenge the EU's arguments. Jerry is optimistic that Indonesia will win the lawsuit and that Indonesian palm oil will be able to strengthen its role in the international market.
4. Hacking of Anti-Corruption Activists
A number of anti-corruption activists experienced hacking attempts while holding an online discussion with eight former leaders of the Corruption Eradication Commission (KPK) on Monday (May 17) entitled "Investigating the Weakening of the KPK Through the Dismissal of 75 Employees." The hacking attempts were experienced by members of Indonesia Corruption Watch (ICW) and former KPK leaders who were speaking at a press conference addressing the attempt to dismiss 75 KPK employees who failed the national insight test (TWK).
Busyro Muqoddas said the hacking attempt had already occurred before he participated in the discussion. He received a barrage of phone calls from unknown numbers, or robocalls. He said the numbers that bothered him had similarities: the first digit was the same, 0821, but the last digits were different in sequence. The same thing happened to Bambang Widjojanto. He was late to the ICW discussion because an irresponsible party took over his cell phone. Like Busyro, Bambang was also bombarded with phone calls.
ICW researcher Wana Alamsyah said there were nine hacking patterns during the discussion: from unknown accounts logging in by duplicating the names of speakers and ICW staff, to the sudden appearance of pornographic photos and videos, and the microphone suddenly going silent and the video suddenly going dead. The discussion was supposed to be attended by another former KPK Commissioner, Abraham Samad. However, Samad failed to access the link provided by the committee, allegedly related to the hacking attempt. Then the hackers tried to break the concentration of the moderator, Nina, by hijacking her online motorcycle taxi account. Then, eight ICW staff members had their WhatsApp accounts forcibly taken over; several of the hacked individuals were bombarded with phone calls from US and Telkomsel numbers; and attempts to take over the email and Telegram accounts of ICW staff members were also unsuccessful.
Firman Noor, Head of the Political Research Center at the Indonesian Institute of Sciences (LIPI), assessed the alleged hacking of the Indonesia Corruption Watch (ICW) online press conference on May 17, 2021, as a setback for freedom of expression. In a democracy, all citizens are free to express criticism. Disagreements with criticism must be delivered argumentatively. Allegations of hacking in a public forum held online could have a detrimental impact. It could diminish citizens' enthusiasm for free speech.
