After Seven Years, Makassar Journalist Assault Case Reopened as Legal Landmark

The legal proceedings in the alleged violence case against Antara news agency journalist, M. Darwin Fatir, from Makassar, South Sulawesi, have been
reopened seven years after the incident occurred. This significant case implicates four police officers who were previously designated as suspects.

This long-dormant case gained new life after the Makassar District Court granted a pre-trial motion concerning an unlawful delay (undue delay) in the proceedings, on March 17, 2026. This landmark decision marks a pivotal moment for justice in Indonesia.

Through its ruling, the court explicitly instructed police investigators to resume the handling of the case, ensuring that justice is no longer postponed for the victim.

According to Herlambang P. Wiratraman, an expert from the Press Council, the application of the undue delay legal process in Darwin Fatir’s case is a historic first in Indonesia, setting a crucial precedent for future cases involving delayed justice.

Following this breakthrough, in May 2026, the police confirmed that they had submitted the case file to the South Sulawesi High Prosecutor’s Office, signaling the commencement of the first stage of the renewed investigation.

This recent development comes after years of stagnation, as the case had previously stalled in February 2020 at the stage of suspect designation, leaving Darwin and his supporters in limbo.

Darwin himself expressed profound hope that his case will finally proceed to trial. For him, seven years represents an agonizingly long wait for the justice he believes he deserves.

“Hopefully, with this case reopened, it will proceed well, so we will certainly follow the process,” Darwin stated, reflecting his determination and perseverance.

Chronology of the 2019 Incident and the Stalling of the Case

Darwin was allegedly assaulted on September 24, 2019, directly in front of the South Sulawesi Regional Legislative Council (DPRD) building. At the time, he was actively covering student demonstrations in Makassar protesting the KPK Bill and the revision of the Criminal Code (RKUHP).

The incident escalated when police and students clashed at the main gate of the DPRD office. Authorities then deployed tear gas and water cannons in an attempt to disperse the protesting students.

Following the dispersal, officers pursued and apprehended several students. Darwin, who was caught in the midst of the crowd while performing his journalistic duties, was reportedly pulled aside by police officers.

Eyewitness accounts suggest that several police officers then jointly assaulted him, a brutal act witnessed by other journalists present.

Indeed, several television journalists saw Darwin being beaten. One even intervened, reminding the police at the scene not to use violence against journalists and students, highlighting the blatant disregard for press freedom.

According to the Makassar Legal Aid Institute for the Press (LBH Pers Makassar), three journalists were allegedly victims of violence during the incident. However, two of the other victims ultimately chose not to pursue legal action due to various personal considerations.

In contrast, Darwin resolutely opted to fight for his case, accompanied by a dedicated legal team from LBH Pers Makassar and a coalition of Makassar journalists, demonstrating his unwavering commitment to seeking justice.

They formally reported the incident to the South Sulawesi Regional Police (Polda Sulsel) on September 26, 2019, initiating the complex legal battle.

The legal process initially showed progress. Remarkably, on February 26, 2020, investigators from Polda Makassar officially designated four of their own members as suspects in the assault.

However, immediately after the designation of suspects, the legal process inexplicably stalled. Requests for updates on the case from the LBH Pers team received absolutely no response from the investigators, causing immense frustration.

“Since the designation of the four suspects, we have asked and sent letters to the investigators, but there has been no response at all,” said Anggareksa, Darwin’s legal advisor from LBH Pers Makassar, on Thursday (April 23).

Due to this persistent stagnation, the case was eventually brought before the court through the pre-trial motion process, a last resort to reignite the pursuit of justice.

As time progressed, the status of the four suspects underwent changes. Tragically, one of the original suspects was confirmed to have passed away in 2021.

Furthermore, two other suspects have since been dismissed from the police force, indicating internal consequences even before a full trial.

Consequently, only one of the original suspects remains an active police officer within the ranks of Polda Sulsel, complicating the ongoing investigation.

What are the Latest Developments?

Following the significant pre-trial ruling delivered by single judge Fitria Ade Maya of the Makassar District Court, investigators from the General Criminal Investigation Directorate (Ditreskrimum) of the South Sulawesi Regional Police confirmed they have acted on the court’s order and reopened Darwin’s case.

The investigative team stated that they resumed Darwin’s examination on Tuesday (April 21). Subsequently, the entire case file was promptly handed over to the public prosecutor’s office, marking a crucial step forward.

AKBP Benyamin, an official from Ditreskrimum Polda Sulsel, emphatically assured the public that Darwin’s case is indeed being reprocessed by investigators. Both the victim and the alleged perpetrators have been called in for additional questioning to gather further details.

“It has been sent, only stage one. The results of the prosecutor’s review are not yet known,” Benyamin confirmed via a text message on Saturday (May 23), indicating the ongoing nature of the process.

In response to the handover, Soetarmi, the Head of Legal Information (Penkum) for the South Sulawesi High Prosecutor’s Office, stated that her office would diligently check the registration of the received files from the police investigators.

“First, we will ask for the SPDP [Notice of Commencement of Investigation] or the SPDP number from the Polda investigators. So that we can check it in the South Sulawesi High Prosecutor’s Office CMS application,” Soetarmi explained when contacted, outlining the procedural steps involved.

Meanwhile, Anggareksa from LBH Pers mentioned that, as of the end of May 2026, they had not yet received the latest updates on the case file from the Polda investigators, highlighting a potential lag in communication despite the court’s order.

The ‘Breakthrough’ of the Undue Delay Article: Legal History in Indonesia

In early 2026, witnessing the prolonged stagnation of Darwin’s case, the LBH Pers Makassar team took a bold step by requesting a pre-trial review of his case, seeking an unprecedented legal avenue for justice.

This strategic move was based on the new Criminal Procedure Code (KUHAP), specifically Law Number 20/2025, which came into effect in January 2026. This groundbreaking new regulation explicitly addresses undue delay, or the unlawful delay in handling criminal cases.

“The new and interesting thing in the new KUHAP is ‘undue delay,’ which is the delayed handling of criminal reports, becoming an object of pre-trial. So, yesterday we filed it, and thankfully we won,” Anggareksa proudly stated, highlighting the innovation in legal strategy.

“So the judge’s decision stated that the respondent, in this case, the South Sulawesi Criminal General Directorate, was proven to have committed ‘undue delay’ or delayed handling of our client’s case,” he added, emphasizing the court’s clear finding.

During the pre-trial ruling session at the Makassar District Court, single judge Fitriah Ade Maya delivered the verdict with several compelling considerations that underscored the police’s negligence.

Among these considerations was the fact that between 2022 and 2023, the petitioner, Darwin, actively inquired about the continuation of his case. Shockingly, the police provided no written or verbal response whatsoever regarding the developments.

The police cited “waiting for leadership instructions” as their reason for the prolonged delay. However, these crucial instructions, according to the court, inexplicably never materialized, leaving the case in limbo.

Crucially, the police were unable to provide any verifiable evidence, such as a written letter or memo, from their leadership to substantiate their claim of awaiting instructions. This failure to provide proof severely undermined their defense.

“Therefore, the respondent’s arguments must be set aside, and it is clear to the judge that there was an unlawful delay, so the main petition of the applicant can be granted,” the judge declared during the reading of the verdict, leaving no room for doubt.

As per the ruling read by the single judge of the Makassar District Court, a clear instruction was issued for the investigative team to promptly resume the legal process without further delay.

“Ordering the respondent to continue the legal process after this decision is read, to hand over the case to the public prosecutor no later than 14 days,” the judge mandated, setting a strict deadline for compliance.

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Meanwhile, according to Herlambang P. Wiratraman, an expert from the Press Council, the undue delay legal process applied in Darwin Fatir’s case is the first of its kind in Indonesia, marking a monumental shift in the country’s legal landscape.

This legal breakthrough, a testament to the evolving nature of Indonesian law, was first implemented during the pre-trial hearing held by the Makassar District Court, creating a new pathway for justice.

“This is legal history in Indonesia for the first time because it uses the KUHAP article regulating ‘undue delay.’ And it’s also good news in ensuring more just law enforcement related to cases targeting journalistic work,” Herlambang emphasized when contacted, underscoring the broader implications for press freedom.

Herlambang played a crucial role, attending the pre-trial hearing for journalist Darwin’s case at the Makassar District Court as an expert witness from the Press Council. For him, this ruling must serve as a critical lesson for law enforcement in Indonesia, particularly for the National Police (Polri).

He passionately argued that cases of violence against journalists are pervasive across the country. Yet, he noted, these cases frequently fail to advance through the legal enforcement process, leaving victims without recourse.

“Meaning they are not processed. Now, with this ‘undue delay’ case, the police should learn from their incorrect experience. Especially delaying for years, in legal certainty, efforts to protect press freedom become weak because there is no good faith from the National Police for faster law enforcement,” Herlambang added, sternly criticizing the police’s historical inaction.

Hoping to Proceed to Court

Following the renewed examination at the Regional Police, Darwin expressed his fervent hope that his case will smoothly proceed to court. For him, a seven-year wait for justice has been an arduous and protracted journey.

“Surely we know that dealing with the law takes a lot of time, it drains energy because I still cover stories every day. Hopefully, with this case reopened, it will proceed well, so we will certainly follow the process,” Darwin articulated, sharing the personal toll of his legal struggle.

Darwin himself underwent further examination at the Makassar Regional Police as a victim witness on Tuesday (April 21), diligently cooperating with the reinvigorated investigation.

According to Anggareksa from LBH Pers, the investigators’ questions primarily focused on affirming whether the victim witness maintained his initial statement provided in the previous official report, ensuring consistency in testimony.

“And the investigators’ emphasis was, what was Darwin’s capacity at the time of the incident? And the answer was his capacity as a journalist covering the event,” Anggareksa clarified, firmly establishing Darwin’s professional role during the assault.

To bolster the victim’s chronology and confirm his position while on duty, LBH Pers also presented two other journalist witnesses who directly observed the violence Darwin experienced in the field, providing crucial corroborating evidence.

The examination was meticulously conducted to reconcile previous statements, involving a comprehensive set of approximately 17 to 19 questions, ensuring all details were thoroughly reviewed.

“So the important point is that he was indeed performing his duty as a journalist, indeed covering the protest in front of the South Sulawesi DPRD, who then experienced violence from police officers, and secondly, it showed a photo of the victim protecting his head, being ganged up on. The third point is that in the photo there were both witnesses and the victim who were covering and wearing their press IDs,” Anggareksa explained when confirmed on Tuesday (May 5), painting a vivid picture of the evidence.

However, the LBH Pers legal team expressed regret over the construction of the articles of law proposed by the investigators. During the examination, LBH noted that the charges had not changed, as investigators were still exclusively using articles from the general criminal code.

“At that time we asked for the inclusion of Article 18 paragraph 1 of Law 40 of 1999 concerning the Press, because it clearly attempts to obstruct journalistic work. This is important because at that time the victim was carrying out journalistic duties,” he added, stressing the crucial omission.

Regarding the suspects in the case, AKBP Benyamin stated that out of the four initially designated suspects, only three attended the recent summons, as one suspect had unfortunately passed away.

“Yesterday, statements were taken, including Darwin as the victim, then those officers who were suspects previously. There were four actually, but one has passed away,” AKBP Benyamin confirmed, providing an update on the suspect status.

Benyamin also mentioned that during the summons and examination, a mediation process was attempted between the victim and the suspects, with the LBH Pers team present, signaling an effort towards reconciliation, though the legal process continues.

“But the legal process continues because there was a pre-trial ruling to reopen the case, so this is already being processed. We will maximize the submission of the file because we won’t immediately hand it over to the prosecutor’s office,” Benyamin clarified, indicating their commitment to follow judicial orders.

Following the examination of the two journalist witnesses, the LBH Pers legal team promptly reminded the Polda investigative team about the strict deadline for completing the case file. Based on the judge’s ruling, their window to submit Darwin’s case file to the Prosecutor’s Office was no later than May 18, 2026.

LBH Pers has also furnished the police with compelling supporting evidence. This includes Darwin’s shirt, still bearing bloodstains and marks from security forces’ boot soles, along with photographic and video documentation capturing the moment Darwin was assaulted at the scene.

Journalist Violence Survivor from 2014 Hopes Case is Reopened

Darwin’s case is not an isolated incident in Makassar. The Alliance of Independent Journalists (AJI) Makassar has meticulously documented 23 cases of violence, both physical and non-physical, against journalists in South Sulawesi over the past decade.

From all the reports received, the alleged perpetrators span various institutions, including personnel from the Indonesian Armed Forces (TNI), the National Police (Polri), and even government officials or civil servants (ASN).

According to official records from LBH Pers Makassar, the legal processes for alleged violence against journalists by authorities are frequently plagued by delays and eventual stagnation. A stark example is the 2014 assault case involving a journalist by a police officer from Brimob Polda Sulsel in front of the Makassar State University (UNM) campus, which was never fully processed.

Despite initial progress where investigators had actually designated a suspect in that 2014 incident, the case subsequently faded from the legal process, leaving the victim without justice and highlighting a systemic issue.

Witnessing the glimmer of hope and progress in Darwin’s case, Iqbal, a journalist who himself was a victim of alleged police violence in 2014, has now come forward to vocalize his concerns and hopes.

Iqbal stated that he still harbors hope that his old case, which has remained unresolved for years, could be reopened by the police, drawing inspiration from Darwin’s recent legal victory.

According to Iqbal, his case has not yet passed its statute of limitations if judged by the provisions of the new KUHAP, which was enacted in 2025. He specifically recalled that the violence against him occurred in front of the Makassar State University (UNM) campus.

“Actually, the new KUHAP gives a glimmer of hope for survivors like me, whose cases lack clarity from the police, because if not resolved, this will become a bad precedent in the future,” Iqbal expressed, emphasizing the broader implications of delayed justice.

During the 2014 incident, Iqbal, who was reporting for Tempo at the time, along with two other journalists from different media outlets, reported experiencing alleged acts of violence by security forces while covering a demonstration at UNM.

According to AJI Makassar’s records, the police perpetrators in that incident were accused of physical violence and of confiscating the reporting equipment belonging to the journalists, directly impeding their work.

The case did, in fact, undergo an initial processing phase. Two police officers from Brimob Polda Sulsel were designated as perpetrators of the violence. However, as time elapsed, the legal process for the case ceased to advance, and crucially, no file was ever transferred to the court, leaving it in legal limbo.

Iqbal openly admitted his profound disappointment with the South Sulawesi Regional Police hierarchy. He recounted that despite being directly accompanied by a lawyer appointed by his media company, he never received any updates on the case’s progression from the police handling the matter.

“But I still hope my case will be reopened like Darwin’s case, proceed to P21, even to trial,” Iqbal concluded, his words echoing the enduring demand for justice among journalists who have faced violence.

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