Indonesia: Environmentalists, Indigenous Leaders Unjustly Prosecuted

The Escalation of Persecution Under the Prabowo Administration

The transition of power in 2024 marked a pivotal shift in Indonesia’s domestic policy, characterized by an increased reliance on security forces to drive economic objectives. The HRW report, titled “Grabbed Land, Silenced Justice: The Persecution of Environmentalists and Indigenous Leaders in Indonesia,” highlights how the current administration has leveraged the criminal justice system to silence those who challenge state-backed corporate interests. Under the guise of national security and economic development, the military has been granted an expanded role in managing resource-rich sectors, including nickel mining and palm oil production.

Since early 2025, the Prabowo government has aggressively seized control of millions of hectares of land. Official records indicate the seizure of approximately five million hectares of "illegal" land, much of which has been transferred to state-owned companies. While these actions are framed as a crackdown on corporate corruption, the report argues that they often ignore the legitimate grievances of local and Indigenous communities whose ancestral lands are caught in the crossfire.

Legal Weaponization and the Rise of SLAPP Actions

The primary mechanism for silencing activists has been the tactical use of the Indonesian Criminal Code and specific sectoral laws. Human Rights Watch examined over 50 cases between 2015 and 2025, spanning the islands of Java, Sumatra, Kalimantan, Sulawesi, the Moluccas, and the six provinces of Papua. The investigation revealed that police and prosecutors often act on complaints filed by influential company officials or politicians, bringing charges that range from criminal defamation and "hindering" mining operations to the archaic charge of "spreading communism."

These legal maneuvers are frequently classified as Strategic Lawsuits Against Public Participation (SLAPP). The goal of a SLAPP action is not necessarily to win a conviction but to burden the defendant with the cost and psychological exhaustion of a protracted legal battle. Even when higher courts eventually acquit the activists, the damage is often done. Human rights lawyer Haris Azhar, who faced criminal defamation charges before being acquitted, noted that such trials drain the energy and resources of advocates, effectively neutralizing their ability to pursue legitimate human rights work.

A Chronology of Conflict: Key Cases and Legal Precedents

The HRW report details 15 high-profile cases that serve as a microcosm of the broader crisis facing Indonesian land defenders. These cases demonstrate the variety of legal provisions used to target community leaders.

The Case of James Watt (2020)

In March 2020, James Watt, an Indigenous Dayak farmer from Central Kalimantan, was arrested in Jakarta while advocating for sustainable agriculture. The arrest stemmed from a dispute over 117 hectares of land where villagers were accused of "stealing" palm fruits from a site they claimed as customary land. Two other farmers, Hermanus and Dilik, were also detained. Tragically, Hermanus died in police custody after being denied medical attention. James Watt was eventually sentenced to 10 months in prison. Despite letters from the provincial governor stating the land was outside the company’s legal concession, the courts proceeded with the conviction, highlighting a disconnect between administrative reality and judicial outcomes.

The Torobulu Village Protest (2023–2024)

In South Konawe, Sulawesi, villagers protested against a nickel mining company that had encroached upon residential areas. Haslilin, a local homemaker, became a symbol of the movement after she was charged with "hindering" mining operations for demanding an environmental impact assessment (AMDAL). In a rare victory for activists, the Andoolo district court acquitted her in October 2024, recognizing the community’s right to a healthy environment. However, the legal process itself served as a deterrent for other villagers concerned about pollution and respiratory health.

The Siallagan Acquittal and Forest Misuse (2024–2026)

Sorbatua Siallagan, an elder of the Ompu Umbak Siallagan community in North Sumatra, was arrested in March 2024 for alleged arson involving eucalyptus trees on a pulp company’s concession. After seven months of detention, the Supreme Court acquitted him in June 2025. By January 2026, the government was forced to revoke the permits of the company involved, along with 27 others, after linking their forest management practices to devastating floods in Sumatra. Despite this, Siallagan reports that company security continues to restrict Indigenous access to sacred sites.

The "Communism" Charge in East Java (2017–2024)

Perhaps the most extreme example of legal overreach is the case of Heri Budiawan, known as Budi Pego. During a 2017 protest against gold mining in Tumpang Pitu, East Java, a banner featuring a hammer and sickle allegedly appeared. Although the banner was never produced as evidence in court, Budi Pego was charged with spreading communism. After years of appeals, he was sentenced to four years in prison and was only granted parole in November 2024. This case underscores the use of ideological stigmas to delegitimize environmental movements.

Economic Drivers: Nickel, Palm Oil, and the EV Battery Boom

The intensification of land disputes is inextricably linked to Indonesia’s position in the global economy. As the world’s largest producer of palm oil and a leading supplier of nickel, timber, and gold, Indonesia is a critical link in international supply chains. Nickel, in particular, has become a strategic priority due to its role in the production of stainless steel and electric vehicle (EV) batteries.

The Prabowo administration’s "downstreaming" policy—which requires raw minerals to be processed domestically—has led to a surge in mining and smelting projects. While this policy aims to boost national revenue, it has frequently bypassed the "Free, Prior, and Informed Consent" (FPIC) of Indigenous peoples. The report suggests that the drive for economic growth is being prioritized over the constitutional rights of rural populations.

The Militarization of Economic Projects and Food Estates

A significant portion of the HRW report focuses on the "food and energy estates" currently being developed, particularly in South Papua. These projects, designed to ensure national food security, have seen the direct deployment of military personnel for construction and land clearing. This militarization has created an environment of intimidation, where local Papuan communities find it increasingly difficult to protest the loss of their hunting grounds and traditional territories.

In early 2026, reports surfaced of police dispersing Papuan protesters with force, further illustrating the shrinking space for civil society in resource-rich provinces. The involvement of the military in commercial ventures—a practice that was supposedly curtailed during the post-Suharto "Reformasi" era—appears to be making a significant comeback under the current leadership.

Supporting Data and Broader Implications

Data compiled by Human Rights Watch and local NGOs like WALHI (The Indonesian Forum for Environment) suggests a rising trend in land-related conflicts. Between 2015 and 2025, thousands of individuals have faced questioning or detention related to environmental advocacy.

The broader implication of these findings is a potential "chilling effect" on Indonesian democracy. When community leaders are imprisoned for defending their livelihoods, it sends a message that corporate interests are protected by the full weight of the state’s security apparatus. This environment not only threatens human rights but also undermines long-term environmental sustainability, as those most familiar with the land are prevented from protecting it.

Official Responses and International Obligations

The Indonesian government has historically defended its actions as necessary for national development and the rule of law. However, the HRW report notes that while the government has drafted legislation to require companies to address human rights impacts, these laws have yet to be submitted or enacted.

Elaine Pearson, Asia director at Human Rights Watch, stated that the Prabowo government is ignoring local grievances in favor of a heavy-handed economic agenda. “The Indonesian government needs to make clear that arbitrarily dispossessing communities of their land is no longer business as usual,” Pearson said. “The authorities should fairly arbitrate disputes instead of punishing those who protest egregious abuses.”

Under international human rights treaties ratified by Indonesia, the state is obligated to protect the rights to life, liberty, and peaceful assembly. Furthermore, the 2011 United Nations Guiding Principles on Business and Human Rights stipulate that business enterprises have a responsibility to avoid contributing to human rights abuses. The current trajectory of the Indonesian government, the report argues, stands in direct contradiction to these international norms.

Conclusion: A Call for Systematic Reform

To address these systemic issues, Human Rights Watch recommends that the Prabowo administration take immediate steps to end the misuse of the criminal justice system. This includes:

1. Ending Harassment: Cease the use of defamation and "anti-mining" laws to target peaceful protesters.
2. Land Conflict Resolution: Establish a prompt and equitable mechanism for resolving land disputes, particularly in Sumatra, Kalimantan, Sulawesi, and Papua.
3. Restoring Ownership: Upon seizing illegal plantations or mining sites, the government should prioritize restoring traditional ownership to Indigenous communities after consulting with the Registration of Indigenous Peoples.
4. Legislative Action: Formally adopt and implement laws that require corporations to conduct human rights and environmental due diligence.

The report concludes that without these reforms, the pursuit of economic prosperity will continue to come at the cost of justice for Indonesia’s most vulnerable citizens. As the global demand for Indonesia’s resources grows, the protection of those who guard those resources becomes not just a local issue, but a matter of international human rights concern.