He is seen as a victim of legal manipulation using the UU ITE, as his case did not follow the proper legal procedures. What should have been purely an environmental criticism was framed as a violation of Article 28, paragraph (2) of the amended UU ITE.

The Public Interest Lawyer Network (Pil-Net) Indonesia and (Indonesia Legal Aid Foundation) LBH Pers have expressed deep appreciation for the Semarang High Court’s progressive analysis of the legal facts, leading to a fair decision in the interest of public and environmental protection.

“This decision should set a positive precedent in the application of law for environmental defenders. We commend the judges for adhering to Supreme Court Regulation No. 1 of 2023 on Guidelines for Adjudicating Environmental Cases. Environmental defenders should be protected from all forms of criminalization. Those who damage the environment in Karimunjawa should be the ones facing legal action,” said Sekar Banjaran Aji, coordinator of Pil-Net Indonesia, in a written statement on Wednesday, May 22, 2024.

However, he noted that the ruling still recognized Article 28, paragraph (2) of the UU ITE, which was upheld by the Jepara District Court and the Semarang High Court. This article has been amended by Law No. 1 of 2024 on the Second Amendment to Law No. 11 of 2008 on Information and Electronic Transactions (UU ITE).

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Ade Wahyudin, Executive Director of LBH Pers, emphasized that Daniel Tangkilisan’s opinions and expressions on social media were part of his constitutionally protected rights.

The application of Article 28, paragraph (2) of the UU ITE, he argued, should align with the Joint Decision of the Minister of Communication and Information Technology, the Attorney General, and the Chief of the National Police No. 229 of 2021, No. 154 of 2021, and No. KB/2/VI/2021 on Guidelines for Implementing Certain Provisions in Law No. 11 of 2008 on Information and Electronic Transactions as amended by Law No. 19 of 2016 (SKB Guidelines for Implementing the UU ITE).