Jakarta, June 5th 2025
The case of a whistleblower facing prosecution after reporting alleged zakat fund corruption reveals a systemic legal failure.
Transparency International Indonesia strongly denounces the ongoing criminalisation of TY, a whistleblower who exposed suspected misappropriation of public funds at the National Zakat Agency (BAZNAS) in West Java. Rather than receiving protection for acting in the public interest, TY now faces legal retaliation under Indonesia’s Electronic Information and Transactions (ITE) Law.
TY reported irregularities involving IDR 9.8 billion in zakat funds and IDR 3.5 billion in provincial government grants. In response, he was dismissed from his position, his identity was reportedly disclosed to the accused by public officials from the West Java Inspectorate and BAZNAS Central, and he was charged under Article 32 of the ITE Law—a provision widely criticised for its use against civic actors and whistleblowers.
“Whistleblower protection in Indonesia exists only on paper,” said Danang Widoyoko, Secretary General of Transparency International Indonesia. “Despite UNCAC obligations and a nominal clause in the KPK Law, there are no enforceable mechanisms, no lead agency, and no consequences for those who retaliate. This is not an oversight, it is a deliberate policy vacuum.”
Between 2004 and 2017, Transparency International Indonesia documented over 100 incidents of threats or attacks against whistleblowers. This pattern continues, even as Indonesia remains a state party to the United Nations Convention against Corruption (UNCAC), which under Article 33 obliges states to protect individuals who report corruption in good faith. Indonesia has yet to translate this obligation into binding domestic law.
The current legal framework consists of fragmented, non-binding provisions such as Supreme Court Circular No. 4/2011 and Presidential Instruction No. 5/2004. These instruments lack both enforcement mechanisms and institutional accountability. In practice, they fail to deter reprisals or ensure redress for whistleblowers like TY.
Transparency International Indonesia calls on the Government of Indonesia to:
- Revoke all charges against TY and formally recognise his role as a whistleblower acting in the public interest;
- Ensure a transparent and independent investigation into the corruption allegations he reported;
- Hold accountable public officials involved in disclosing TY’s identity, in violation of whistleblower confidentiality principles;
- Activate protection mechanisms under Article 15A of the Corruption Eradication Commission (KPK) Law and extend safeguards to similar cases;
- Draft and enact a comprehensive whistleblower protection law, including independent oversight, sanctions for retaliation, and remedy for victims;
- Introduce anti-SLAPP legislation to prevent the misuse of civil or criminal law against individuals engaged in public interest expression.
“Indonesia cannot claim to fight corruption while prosecuting those who expose it,” Danang Widoyoko added. “Protecting whistleblowers is not a political choice—it is a legal obligation. Continued inaction erodes trust and emboldens impunity.”
Transparency International Indonesia urges the Ministry of Law and Human Rights, the Parliament, and the National Police to act immediately. Whistleblowers are a cornerstone of public accountability. Silencing them endangers democracy.
Contact Person:
Dzatmiati Sari (dsari@ti.or.id)