Alliance of Independent Journalists (AJI) & SAFEnet v. Minister of Communication and Informatics & President of Indonesia 

Facts 
In August 2019, following civil unrest in Papua and West Papua, the Indonesian government (Defendant 1: Minister of Communication and Informatics; Defendant 2: President of Indonesia) implemented two actions: first, an internet “throttling” (bandwidth limitation) and second, a total internet shutdown/blockage. The government argued these actions were necessary to prevent the spread of hoaxes and racial incitement to restore public order. The plaintiffs, the Alliance of Independent Journalists (AJI) and SAFEnet, filed a lawsuit arguing the shutdown was an unlawful government act that violated the public’s right to information and press freedom. 

Legal Question 
Did the government’s actions (internet throttling and total shutdown) constitute an unlawful act that violated the constitutionally guaranteed rights to communication, information, and press freedom? 

Decision 
The Jakarta State Administrative Court ruled in favour of the plaintiffs, declaring the government’s actions unlawful. The Court held that the government’s power under the ITE Law (Article 40) is limited to blocking specific unlawful content, not a blanket shutdown of internet access. The Court also ruled that such a drastic measure, which constitutes a derogation (reduction) of rights, could only be justified under a formally declared state of emergency by the President, as stipulated by Law No. 23 of 1959. Since no state of emergency was declared, the internet shutdown lacked a legal basis, was disproportionate, and violated the law. 

This is a landmark ruling for digital rights in Southeast Asia, positively affirming that a blanket internet shutdown is an unlawful and disproportionate measure. It establishes that government authority to moderate content does not extend to shutting down entire networks, protecting the public’s fundamental right to access information.