In December 2014 Mr Eduard Marpaung, general secretary of the Confederation of Indonesia Prosperity Trade Union (KSBSI), was charged under Article 27(3) of Law no. 11 on Information and Electronic Transactions (ITE) and Article 311 of the Criminal Code which foresees a sentence of up to six years imprisonment and a fine of IDR 1 billion for anyone found guilty of transmitting electronic information or documents that intimidate or defame another person. The charges were laid out following a complaint filed by Gusmawati Anwar on 5 December 2014, allegedly concerning comments Mr Marpaung made on the KSBSI Facebook page about Muchtar Pakpahan, a client of Mr Anwar.
Since then Mr Marpaung has been summoned for interrogation on a systematic basis. The interrogations often coincide with mass demonstrations organised by the KSBSI and include detailed questions about Mr Marpaung’s trade union activity. Currently, he is obliged to register twice a week with the Prosecutor’s Office in East Jakarta and is prohibited from leaving the city, limiting his ability to effectively represent workers.
Despite frequent interrogations over more than two years, Mr Marpaung still has not received a statement of alleged facts in relation to the charges against him. This systematic and arbitrary interrogation by the police constitutes a serious attack on the freedom of movement of Mr Marpaung and severely undermines freedom of association.
