We, the Southeast Asia Freedom of Expression Network (SAFEnet), a civil society organization focusing on digital rights, strongly condemn the criminalization efforts carried out by the Criminal Investigation Agency of the Indonesian National Police Headquarters (Bareskrim Mabes Polri) against SSS, a student at the Bandung Institute of Technology (ITB).
The apprehension, arrest, and detention of SSS by Bareskrim Mabes Polri, along with the threat of a 12-year prison sentence, blatantly violate the principles that must be met in restricting freedom of expression under international human rights standards. We believe that the decision by Bareskrim Mabes Polri to grant a detention suspension for SSS is not the right course of action. Instead, the police should immediately cease all legal proceedings and unconditionally release SSS. Our position is based on the following points:
First, criticism of public officials through memes, as expressed by SSS, is a legitimate form of expression and a part of human rights that must be protected by the state. Even in its most offensive and provocative forms, criticism of public officials remains protected expression as long as it is done peacefully. In a follow-up post on X, SSS clearly stated that the meme he created was a form of criticism against the government.
The meme, which depicted President Prabowo Subianto and former President Joko Widodo kissing, constitutes a form of political satire and falls within the realm of protected expression under various international human rights instruments such as the International Covenant on Civil and Political Rights (ICCPR), the Siracusa Principles, and the UN Human Rights Committee’s General Comment No. 34 (2011). These instruments establish that public officials are subject to a lower level of protection than ordinary citizens when it comes to offensive and provocative expression. This principle exists to ensure citizens’ right to criticize the state is protected.
Second, the use of morality and content manipulation articles under the Electronic Information and Transactions Law (ITE Law) is being stretched by the police. Bareskrim charged SSS with multiple offenses, including Article 27(1) on morality and Article 35 on content manipulation, which together could lead to a 12-year prison sentence. We believe these charges are being forced, as they clearly do not meet the legal criteria.
Article 35 prohibits “…manipulation, creation, alteration, elimination, or destruction of Electronic Information and/or Electronic Documents with the intention of making it appear as if they are authentic data.” While the meme made by SSS is not a real photo but one created with generative AI, it does not fulfill the element of “appearing to be authentic data.” SSS openly stated that the meme was made using AI, and it served as a critique of the lack of AI regulation.
The second revision of the ITE Law clearly narrows the definition of “violating decency” in Article 27(1) to acts such as “displaying nudity, genitals, and sexual activities that conflict with prevailing societal norms at the time and place of the act.” The meme created by SSS clearly does not depict nudity or genitals. Interpreting a lip kiss as a sexual activity is also misleading, as a kiss on the lips is a form of intimate affection and should not automatically be categorized as sexual. Furthermore, the 2024 revision of the ITE Law includes an exemption clause, stating that acts deemed indecent cannot be prosecuted if done in the public interest or as a form of art.
The meme created and distributed by SSS can be considered political satire—a form of art that reflects public anxiety over the government’s and law enforcement’s absence in addressing social pathologies emerging from AI and deepfake technologies. As a work of art rich in public interest, SSS’s expression clearly does not meet the criteria for a morality offense.
Third, the state should respond to today’s growing concern over the regulatory vacuum in artificial intelligence (AI), which is the core substance of SSS’s criticism. SSS offensive critique using generative AI—featuring imagery of President Prabowo Subianto and former President Joko Widodo kissing—is a form of political satire. SSS has provided a comprehensive and rational explanation of the reasoning behind his offensive critique. SSS criticism was based on academic research concerning the impact of AI, which has not been met with a serious regulatory response by the government.
As a member of the artistic community, SSS has strong grounds for criticizing the unregulated use of AI. Instead of acknowledging AI’s impact on artists’ livelihoods, public officials such as Vice President Gibran Rakabuming Raka have glorified AI as a savior of the nation’s future.
Fourth, while ordinary citizens continue to fall victim to deepfake technologies without concrete law enforcement responses, authorities move with lightning speed when a deepfake targets public officials. In 2024 alone, SAFEnet recorded 36 digital rights violations involving AI (morphing/deepfake). This is a serious concern for us and for organizations assisting deepfake victims.
One example involved a mother whose child was sexually harassed using a manipulated image in underwear (RMD). However, the South Jakarta Police rejected her report. Only after the case went viral on Twitter did the Metro Jaya Regional Police accept a second report—although the perpetrator had already countered by criminalizing the mother using the ITE Law. Another case involved female politicians being deepfaked during the 2024 elections.
None of these cases have been resolved by the police. Law enforcement remains hesitant to apply existing laws in favor of victims—such as the Sexual Violence Crime Law (UU TPKS) or the Personal Data Protection Law (UU PDP). Meanwhile, criticism by SSS—an expression protected by law—is pursued swiftly by authorities. Handling such cases in this manner clearly contradicts the principle of justice and victim-centered approaches in law enforcement.
In light of the above points, we demand:
- President Prabowo Subianto to guarantee an end to the criminalization of public expression, including art- and tech-based criticism such as that voiced by SSS.
- Chief of the Indonesian National Police, Listyo Sigit Prabowo, to immediately halt the criminalization and unconditionally release SSS. A detention suspension does not resolve the underlying issue.
- Chief of the Indonesian National Police, Listyo Sigit Prabowo, to ensure that reports of gender-based online violence (GBOV) using AI technologies such as deepfakes are processed swiftly and thoroughly.
- Minister of Communication and Digital Affairs, Meutya Viada Hafid, and Members of Commission I of the Indonesian House of Representatives (DPR RI), to urgently draft comprehensive, rights-based AI regulations.
Denpasar, May 15, 2025
Southeast Asia Freedom of Expression Network (SAFEnet)
Contact: +628179323375 (Hotline)
