SITUATION REPORT — ARREST AND DETENTION OF PROTESTERS
According to the information currently available, 322 protesters were detained by the Jakarta Metropolitan Police (Polda Metro Jaya) in connection with the demonstration on 27-28 August 2026. Of those detained, 273 people have been released, while 49 people remain in custody.
Of the 49 people still detained, 44 are adults and 5 are minors. The legal status of each detainee should be made transparent, including the grounds for detention, the charges brought against them, and their access to legal assistance and representation.
At the same time, serious questions remain regarding the alleged involvement of mass organizations or groups seen wearing white headbands in the incident that resulted in the death of Bambang Setiyawan. If evidence indicates their involvement in violence, all parties implicated should be investigated through a transparent, independent, and impartial legal process.
It is unacceptable for law enforcement to take harsh measures against protesters while other parties allegedly involved in violence are not subjected to equally serious investigation. The law must apply equally to everyone, regardless of political affiliation, organizational membership, clothing, social status, or position.
THE RIGHT TO LEGAL REPRESENTATION AND PROFESSIONAL ETHICS
We are also deeply concerned about access to legal assistance for protesters who remain in detention.
Being detained or accused of a criminal offense does not deprive a person of the right to legal representation. Even where a person is alleged to have carried objects or equipment associated with a protest, that fact alone does not establish criminal guilt. Guilt must be established through a lawful and fair legal process.
The principle of presumption of innocence must remain fundamental throughout any criminal proceeding. A suspect or defendant must not be treated as guilty before guilt has been established through a final and binding legal judgment.
In this context, the professional ethics of lawyers require independence, integrity, and respect for every person’s right to legal defense. Access to legal representation should not depend on whether a lawyer personally likes the detainee, agrees with their political views, or approves of the conduct they are accused of.
A lawyer does not have to agree with a client’s political beliefs or alleged actions in order to provide legal representation. The lawyer’s role is to ensure that the client’s legal rights are respected and that due process is followed, not to determine whether the client is personally worthy of a defense.
Legal representation must also not be provided selectively or on the basis of favoritism. People with greater financial resources, political connections, or social status should not receive better access to justice than detainees who lack those advantages.
There have also been reports that some legal counsel are unwilling to represent suspects who were allegedly found carrying machetes, Molotov cocktails, or other objects during the demonstration. While such allegations are serious and must be investigated through due process, they should not, in themselves, become a justification for denying a suspect access to legal representation.
The role of legal counsel is not to endorse, excuse, or condone the alleged conduct of a client. Rather, lawyers have a professional
responsibility to safeguard the client’s legal rights, ensure due process, and provide an effective defense within the law. A person accused of a serious offense remains entitled to the presumption of innocence and access to legal representation.
No suspect should be left without meaningful access to legal counsel simply because the allegations against them are serious, politically controversial, or unpopular.
OUR DEMANDS
We call for:
1. Full transparency regarding the legal status of the 49 people who remain detained.
2. Immediate and effective access to legal assistance for all detainees.
3. Special protection for the five detainees who are minors.
4. An independent and transparent investigation into the death of Bambang Setiyawan.
5. Investigation of all parties allegedly involved in violence, without exception.
6. Full respect for the presumption of innocence for every person who has been detained or accused.
7. Respect for the independence of the legal profession and every detainee’s right to legal representation.
8. An end to discrimination and favoritism in the provision of legal assistance, including the refusal to provide representation solely because a suspect is accused of possessing a machete, Molotov cocktail, or other potentially unlawful object during a demonstration. Such allegations must be investigated and adjudicated through due process, but must not be used as a blanket justification to deny access to counsel.
9. Respect for the rights to peaceful assembly, freedom of expression, and political protest.
The law must not apply selectively. Justice must not be selective.
Carrying certain equipment during a demonstration is not, by itself, proof that a person is guilty of a criminal offense. Where serious allegations exist, they must be investigated thoroughly and fairly. At the same time, every accused person must retain access to legal representation and due process.
The presumption of innocence is not a privilege. The right to legal defense is not a reward. And access to justice must never be determined by favoritism.
Justice must apply to everyone — including those who take to the streets to express their political demands.
Palang Hitam
