Stop the Criminalization of the Whistleblower of Alleged Corruption in Baznas Jabar!

SAFEnet Statement
Stop the Criminalization of the Whistleblower of Alleged Corruption in Baznas Jabar!

We, the Southeast Asia Freedom of Expression Network (SAFEnet), a civil society organization committed to promoting digital rights, urgently call on the Cybercrime Directorate of the West Java Regional Police (Ditreskrimsus Polda Jabar) to cease the criminalization of Tri Yanto, who has been designated a suspect in connection with his whistleblowing activities. Tri Yanto—and anyone contributing to the fight against corruption—must not be subjected to criminal or civil retaliation for actions carried out in the public interest.

Tri Yanto, the former Head of Compliance and Internal Audit Unit at the West Java Provincial Office of the National Zakat Agency (BAZNAS West Java), was reported to the police by Achmad Ridwan (Deputy Chair of BAZNAS West Java) after he disclosed and formally reported alleged corruption involving IDR 9.8 billion in zakat funds between 2021 and 2023, as well as approximately IDR 3.5 billion in provincial grant funds. The corruption allegations had been submitted by Tri to several official bodies, including the West Java Provincial Inspectorate, the internal supervisory body of BAZNAS Indonesia, the West Java High Prosecutor’s Office, the Bandung District Prosecutor’s Office, and the Corruption Eradication Commission (KPK).

Tri Yanto is now being criminally investigated under Article 32 paragraphs (1) and (2) of Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law). He is being accused of unauthorized access and distribution of confidential agency documents, which he used as evidence in his reports. We view this legal action as a Strategic Lawsuit Against Public Participation (SLAPP)—a form of criminalization aimed at silencing public engagement facilitated through digital means. Yet public participation, including whistleblowing, is protected by multiple international human rights instruments, including the International Covenant on Civil and Political Rights (ICCPR), the UN Declaration on Human Rights Defenders, and the UN Convention Against Corruption. At the national level, such protection is enshrined in the 1945 Constitution of Indonesia, the Human Rights Law, and Government Regulation No. 43 of 2018.

SAFEnet observes a shifting trend in the criminalization of digital expression and public participation in Indonesia. No longer reliant solely on the commonly criticized “rubber articles” of the ITE Law—such as defamation, hate speech, and misinformation—powerful actors in social, political, and economic spheres are now turning to alternative legal provisions to suppress expression and civic engagement. In Tri’s case, gaps in Article 32 paragraphs (1) and (2) are being exploited to silence his efforts.

The criminalization of Tri Yanto not only undermines the ongoing investigation into alleged corruption at BAZNAS West Java—by deterring others from speaking out—but also sets a dangerous precedent for freedom of expression and anti-corruption efforts in Indonesia. Without robust legal safeguards, individuals who bravely expose corruption remain at significant risk.

In light of the above, we urge the following:

  1. President Prabowo Subianto to instruct law enforcement to cease all criminal proceedings against Tri Yanto and to guarantee his protection as a whistleblower;
  2. West Java Regional Police Chief, Inspector General Rudi Setiawan, to immediately halt the criminalization of Tri Yanto;
  3. West Java Governor Dedi Mulyadi, KPK Chair Setyo Budiyanto, West Java Chief Prosecutor Katarina Endang Sarwestri, and Bandung District Prosecutor Irfan Wibowo to expedite and thoroughly investigate the alleged corruption within BAZNAS West Java;
  4. Chairperson of the National Commission on Human Rights (Komnas HAM) Anis Hidayah, Chairperson of the Ombudsman of the Republic of Indonesia Mokhammad Nadjih, Chairperson of the Witness and Victim Protection Agency (LPSK) Antonius PS Wibowo, and Chairperson of the National Police Commission Budi Gunawan, to actively fulfill their institutional mandates by ensuring protection for whistleblowers and overseeing the investigation into the corruption allegations;
  5. Minister of Human Rights Natalius Pigai and Commission XIII of the House of Representatives (DPR RI) to strengthen the legal framework protecting public participation, particularly for whistleblowers.

Denpasar, 25 May 2025
Southeast Asia Freedom of Expression Network (SAFEnet)
Contact: +62 817 9323 375 (Hotline)