On February 20, 2025, Indonesian lawyer Tony Budidjaja was sentenced to two months’ imprisonment under Article 317 of the Indonesian Criminal Code for “calumnious submissions of charge or information to authorities”. This charge relates to actions he took while acting in his capacity as legal counsel.
According to the information we have received, Mr. Budidjaja’s prosecution stems from his representation of a client in an asset dispute, during which he filed a police report regarding the debtor’s refusal to comply with an arbitral award in his client’s favour. After submitting the report in December 2017, Mr. Budidjaja faced criminal charges. Initially, the prosecution accused him of filing a “false report”, but this was later changed to “defamation,” which Mr. Budidjaja believes is retaliation for his efforts to defend his client’s rights.
The criminal trial against Mr. Budidjaja has raised significant concerns within the Indonesian legal community. Several amicus curiae briefs have been submitted on his behalf by Indonesian legal associations and a broad coalition of individual Indonesian lawyers, underscoring the widespread concern about the consequences of prosecuting lawyers for carrying out their professional duties. These briefs assert that allowing such criminal charges against a lawyer undermines the integrity of the criminal justice system and violates international standards for the independence of lawyers.
It is important to recall that, as outlined in Article 16 of the Advocate Law (UU No. 18 Tahun 2003), lawyers cannot be subjected to civil or criminal liability for actions performed in good faith in the course of defending their clients’ interests. Similarly, Principle 20 of the United Nations Basic Principles on the Role of Lawyers stipulates that lawyers should enjoy civil and penal immunity for statements made in good faith, whether in written or oral pleadings, or in their professional appearances before any court, tribunal, or other legal authority. Moreover, Principle 16 affirms that legal professionals must be able to perform their duties without intimidation, hindrance, or harassment.
L4L also reminds that Indonesia, as a party to the International Covenant on Civil and Political Rights (ICCPR), is bound to respect and protect the right to a fair trial. Article 14 of the ICCPR states that everyone is entitled to a fair and public hearing by a competent, independent, and impartial tribunal.
L4L is deeply concerned that Mr. Budidjaja has been criminally charged and convicted for carrying out his professional duties in good faith. Penalizing lawyers for performing their legitimate duties jeopardizes the independence of the legal profession and discourages lawyers from defending their clients’ rights without fear of reprisal.
We strongly urge the authorities to uphold international human rights standards, safeguarding Mr. Budidjaja’s right to carry out his professional duties without interference or retaliation. Specifically, in reviewing Mr. Budidjaja’s appeal, we request that the proceedings be conducted with full respect for his rights to due process and a fair trial, in line with both domestic law and international legal norms. We also call for a thorough consideration of the legal and professional responsibilities of lawyers, as well as the broader implications this case may hold for the legal community in Indonesia.
