The criminalization of whistleblowers who expose alleged corruption cases within the National Amil Zakat Agency (BAZNAS) marks a significant setback in Indonesia’s anti-corruption efforts. A former Head of the Compliance and Internal Audit Unit at BAZNAS West Java Province was reported to the West Java Police by the Vice Chairman of BAZNAS after revealing a corruption scandal.

This criminalization began when TY, an internal auditor, reported suspected corruption involving zakat funds amounting to IDR 9.8 billion during the 2021–2023 period, as well as IDR 3.5 billion from the West Java Provincial Government’s APBD grants. As a whistleblower, TY took extensive steps to report the case to various entities, including the Government Internal Supervisory Apparatus (APIP), BAZNAS internal supervisors, and several law enforcement agencies.

TY’s efforts should be recognized as a sincere attempt to improve zakat fund governance within BAZNAS. However, his report did not progress. His identity as the whistleblower was eventually revealed to the Vice Chairman of BAZNAS—who was the subject of the report—and TY was subsequently reported to the West Java Police. Rather than investigating the substance of the allegations, the police named TY a suspect under Article 32, paragraphs (1) and (2) of the ITE Law, for accessing confidential documents belonging to BAZNAS West Java.

According to Article 17 of Law No. 14/2008 on Public Information Disclosure, there are 10 categories of exempted information. However, under the Decree of the Head of BAZNAS West Java Province Number 93 of 2022 on the Classification of Exempt Information, certain classifications appear to contradict Law 14/2008. Furthermore, the information obtained by TY was never made public—it was shared only with internal supervisors, APIP under the Ministry of Religious Affairs, and law enforcement agencies. The allegations against TY raise concerns about potential information leaks from these parties.

Moreover, data from Indonesia Corruption Watch (ICW) indicates there have been six corruption cases involving zakat funds, with 13 perpetrators identified between 2011 and 2024. These cases caused a total state loss of Rp12 billion. Among the perpetrators were BAZNAS officials, including a chairman, vice chairman, and treasurer. The fact that whistleblowers are the ones criminalized when reporting corruption at BAZNAS illustrates that governance issues remain unresolved. Rather than encouraging public participation to improve accountability, whistleblowers are punished.

Article 33 of the United Nations Convention Against Corruption (UNCAC), ratified by Indonesia through Law No. 7/2006, obliges state parties to protect whistleblowers. One form of such protection is provided by Law No. 31/2014 on Witness and Victim Protection. Article 10 of the law stipulates that whistleblowers cannot be prosecuted either criminally or civilly for reports made in good faith. This protection is further reinforced in Article 2, paragraph (2)(e) of Government Regulation No. 43/2018 on Community Participation and Awards in the Prevention and Eradication of Corruption, which guarantees legal protection as a form of public participation.

Despite the existence of legal instruments obligating the state to protect whistleblowers, implementation remains inadequate. ICW data from 1996 to 2024 shows that 204 individuals faced threats for criticizing anti-corruption efforts, with 17 charged with defamation. These threats have ranged from criminalization and intimidation to acts of violence—even murder.

In light of these circumstances, ICW calls for the following actions:

1. The West Java Police must drop the case and issue a Surat Perintah Penghentian Penyidikan (SP3) for TY, as the case appears to be an attempt to silence a whistleblower exposing corruption at BAZNAS.

2. BAZNAS RI, local governments, and law enforcement agencies must follow up on the corruption and fund misappropriation allegations involving BAZNAS West Java Province.

3. The Corruption Eradication Commission (KPK) must provide protection for whistleblowers in accordance with Article 15(a) of Law No. 19/2019 on the Second Amendment to Law No. 30/2002 concerning the KPK.

4. The government and the House of Representatives must immediately draft anti-SLAPP (Strategic Lawsuit Against Public Participation) legislation for corruption cases to protect anti-corruption activists, considering the growing number of whistleblowers facing threats and intimidation.

Indonesia Corruption Watch
May 27, 2025

Contact Persons:
Wana Alamsyah – Head of Legal and Investigation Division
Erma Nuzulia – Legal and Investigation Division Staff