(Jakarta, October 27, 2025) – The convictions and sentencing of 11 members of the Maba Sangaji Indigenous Community for protesting against nickel mining on their ancestral land violate Indonesia’s international legal obligations and should be quashed, Climate Rights International said today. The Indonesian parliament should urgently repeal Article 162 of the Mineral and Coal Mining Law, which makes it a crime to “disrupt legitimate mining activities,” and the Indonesian government should instruct the police and prosecutors to suspend the use of this law until it is repealed.  

On October 16, the Soasio District Court in Tidore City, North Maluku, found 11 Indigenous villagers guilty of obstructing operations by a nickel company operating in East Halmahera. The court sentenced community leader Sahil Abu Bakar to five months and eight days in prison and the ten others to two months each under Article 162.  

“It’s shameful that people protecting their forests and rivers are treated as criminals while those destroying them are left untouched,” said Brad Adams, Executive Director at Climate Rights International. “The government should be supporting these communities as they try to protect their way of life, not imprisoning them.” 

The convictions follow a May 18 protest by members of the Maba Sangaji Indigenous Community in East Halmahera, North Maluku. Police arrested 27 people that day, releasing 16 and detaining 11 who were later charged under Article 162 of the Mineral and Coal Mining Law. Community members said their protest was part of a long effort to protect the environment that sustains their livelihoods and way of life. 

Adopted in 2020 under the administration of President Joko (Jokowi) Widodo, Article 162 criminalizes actions that obstruct or interfere with mining activities, thereby infringing on the rights to freedom of expression and assembly. Komnas HAM, the official, government-funded national human rights commission, has criticized the use of Article 162.  

Indonesian civil society organizations have called for the provision’s repeal, citing cases in which Indigenous defenders have faced detention or prosecution for opposing destructive projects. The Indonesian Forum for the Environment (Walhi) has identified numerous cases in which people have been charged under Article 162. Civil society groups also claim that charges have been filed to intimidate critics through the threat of major damages.   

Climate Rights International’s recent report, “Does Anyone Care?”, documented how the rapid expansion of the nickel industry in Indonesia has often come at the expense of environmental safeguards and human rights protections of Indigenous Peoples and other local residents. Communities near nickel mines have faced intimidation, criminalization, and pollution, while government oversight remains weak, and accountability for companies is rare.  

In addition to repealing Article 162, lawmakers should adopt legislation to explicitly prohibit the use of criminal provisions to restrict the rights of Indigenous Peoples, human rights and environmental defenders, and affected residents to express dissent and participate in decisions about projects on their land. Parliament should also strengthen protections for human rights and environmental defenders by adopting and enforcing anti-SLAPP legislation, legally recognizing Indigenous Peoples and their customary lands, guaranteeing free, prior, and informed consent for Indigenous communities, and ensuring that police and prosecutors act independently from corporate influence.  

Companies operating in or sourcing from Indonesia’s nickel sector, including foreign investors and electric vehicle companies that benefit from the transition-mineral boom, should conduct robust human rights due diligence across their supply chains, investigate any link to rights violations, and make it clear to the Indonesian authorities that they do not want people arrested for peaceful protests or opposition to proposed or ongoing mining activities. International donors and partners supporting Indonesia’s energy transition should make clear that protecting environmental defenders is a prerequisite for a credible, rights-based climate agenda. 

“Electric vehicles that use nickel are an essential part of the transition to a fossil fuel free future,” said Adams. “But nickel must not be sourced through exploitation and repression. Indonesia can be a leader in the global energy transition, but only if it ensures that progress for the planet doesn’t come at the expense of the people protecting it.”