Joint Statement - Judicial Harassment on the Alleged Corruption Case in Zakat Funds

Monday, June 2nd, 2025

We, the undersigned civil society organizations (CSOs) across the globe, strongly reject all forms of judicial harassment perpetrated by the West Java Regional Police of Indonesia in naming anti-corruption activist TY as a suspect following his good-faith report of alleged corruption in the distribution of zakat funds.

TY reported alleged misappropriation of zakat funds at BAZNAS West Java (the National Zakat Agency). He was dismissed from his position and later designated a suspect for allegedly accessing confidential electronic documents belonging to BAZNAS West Java and distributing them to external institutions. However, his actions constitute legitimate public participation in reporting suspected criminal acts of corruption.

During his tenure at BAZNAS West Java, TY uncovered indications of unlawful misuse of zakat funds. To ensure accountability and oversight, he reported this matter to BAZNAS at the national level, urging an internal investigation. He also submitted the report to the West Java Government Internal Auditor. As both of these efforts were ignored and unprocessed, he proceeded to report this matter to law enforcement agencies–namely, the Bandung High Prosecutor’s Office and the Corruption Eradication Commission (KPK).

While awaiting verification of his report, the West Java Government Internal Auditor and BAZNAS at the national level allegedly disclosed the identity of the informant to the chairman of BAZNAS West Java, resulting in retaliation. The reported parties lodged a complaint against TY for allegedly accessing documents without authorization, as regulated under Article 32 of the Electronic Information and Transactions Law, with the West Java Regional Police.

Despite TY’s action being proper and conducted in good faith, the West Java Regional Police designated him a suspect. TY never disclosed the information beyond the established institutional oversight mechanism. His designation as a suspect represents a clear attempt to silence legitimate anti-corruption efforts and poses a serious threat to public participation in governance.

We condemn this judicial harassment targeting an anti-corruption whistleblower. The United Nations Convention Against Corruption (UNCAC), provides for the protection of persons reporting corruption (Article 33). Corruption whistleblowers are also protected under international human rights instruments. The right to disclose information in the public interest is part of the right to freedom of expression, which is protected by the International Covenant of Civil and Political Rights (ICCPR). As human right defenders, anti-corruption whistleblowers are also protected under the United Nations Declaration on Human Rights Defender. As a member of the United Nations and a ratifying country of ICCPR and UNCAC, the Government of Indonesia should abide by these international human rights instruments, by providing concrete and strong protection to anti-corruption whistleblowers from all forms of retaliation.

Protection of Whistleblowers in Indonesia Indonesia’s legal framework provides protections for whistleblowers against corruption, including the Protection of Witness and Victims Act. Article 10 of this Act explicitly states that reporters, witnesses, and victims shall not be prosecuted under criminal law or civil law for testimony or reports made in good faith. Additionally, legal protections are also regulated under Government Regulation Number 43 of 2018 concerning Public Participation and Rewards in the Prevention and Eradication of Corruption. Nevertheless, these legal instruments have proven insufficient in safeguarding TY as a whistleblower acting in good faith.

According to Indonesia Corruption Watch (ICW), between 1996 to 2024, at least 204 individuals who spoke out against corruption faced threats, including charges of defamation, intimidation, and even murder. Moreover, according to Southeast Asia Freedom of Expression Network (SAFEnet), at least 21 individuals were charged with vague articles in the Electronic Information and Transaction Law after revealing corruption allegations from January 2023 to March 2025. This alarming trend calls for urgent action from the Indonesian government to enact comprehensive legal protection for reporters, witnesses, and victims, incorporation into criminal procedural law.

We urge the Government of Indonesia to fulfill its commitments under international human rights instruments, by:

1. The West Java Regional Police to immediately revoke TY’s suspect status, recognizing his role in reporting corruption and upholding the public’s rights to expose wrongdoing.
2. BAZNAS at the national level, along with the West Java Government Internal Auditor and other relevant law enforcement agencies, to thoroughly investigate TY’s corruption allegation at BAZNAS West Java.
3. The Corruption Eradication Commission of Indonesia to provide full protection to TY as stipulated under Article 15 (a) of the Corruption Eradication Commission Act.
4. The Government of Indonesia to regulate comprehensive anti-strategic litigation against public participation regulations, giving special considerations for corruption cases to ensure the protection of anti-corruption activists and whistleblowers in reporting corruption cases.

Signatories:

1. Indonesia Corruption Watch (ICW), Indonesia

2. Southeast Asia Freedom of Expression Network (SAFEnet), Indonesia

3. Themis Indonesia Law Firm, Indonesia

4. Bandung Legal Aid Institute (LBH Bandung), Indonesia

5. Sukaar Welfare Organization

6. Jaringan Pemantau Independen Kehutanan (JPIK), Indonesia

7. Dr. Subash Mohapatra, Global Human Rights Communications, India.

8. Transparency International Indonesia

9. Ufuq Organization, Iraq.

10. Manushya Foundation, Laos/Thailand

11. Action for Women's Education and Promotion (AEPF-Tchad), Chad/Africa

12. Public Virtue Research Institute, Indonesia

13. Torture Survivors Movement, Uganda

14. Human Rights Online Philippines (HRonlinePH), Philippines

15. Forum for Protection of Public Interest (Pro Public), Nepal

16. Transparency International Bangladesh, Executive Director, Iftekhar Zaman

17. CISE Malawi, Malawi

18. Human Rights Journalists Network Nigeria, Nigeria

19. Open Net Korea, South Korea

20. Asociación civil JAPIQAY, Memoria y Ciudadanía (Perú)

21. Anticor, France

22. Intelligent Whistleblower Coalition (IWB coalition Bangladesh), Founder/Convener, MK, Jeshadul Hoque Tanim

23. South East Asia Collaborative Policy Network, Southeast Asia

24. Human Rights Myanmar

25. The National Whistleblower Center, USA

26. Government Accountability Project, USA

27. Indonesia Legal Aid Foundation (YLBHI), Indonesia

28. The Commission for the Disappeared and Victims of Violence (KontraS), Indonesia

29. Asian Forum for Human Rights and Development (FORUM-ASIA)

30. Asia Alliance Against Torture (A3T)

31. Whistleblowing International Network (WIN)

32. GlobaLeaks, Italy

33. Centre for Free Expression, Canada

34. AWTAD Anti-Corruption Organization, Yemen

35. Pantau Foundation, Indonesia

36. Suara Rakyat Malaysia (SUARAM)

37. Center for Alliance of Labor and Human Rights (CENTRAL), Cambodia

38. Cross Cultural Foundation, Thailand

39. ASEAN SOGIESC

40. The People’s Participation, Initiative and Partnership Strengthening Foundation (YAPPIKA), Indonesia

41. Equitable Cambodia

42. Thinks Centre, Singapore

43. Blueprint for Free Speech (Australia)

44. Oziveni (Whistleblowing Center), Czech republic

45. Digital Rights Civic Interactions Initiative (Digicivic Initiative)

46. African Centre for Media & Information Literacy (AFRICMIL), Nigeria

47. Teraju Foundation Indonesia

48. Indonesia Zakat Watch (IZW)