Ombudsman Urges State to Prioritize Development Over Punishment in Remote Internet Case

The Ombudsman of the Republic of Indonesia has called for a nuanced approach in the case of Yogi Gilang Arya Setia, who is facing trial for allegedly operating telecommunication services without a permit in the remote Kepulauan Mentawai Regency. The Ombudsman's office is closely observing the proceedings, emphasizing that the case touches upon the state's fundamental responsibility to ensure public services and communication access for all citizens, particularly those in underdeveloped, frontier, and outermost (3T) regions.

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We must be careful in understanding Yogi's case. Let's not rush to conclude that the person concerned is a criminal just because there are licensing issues.

While acknowledging that telecommunication services must adhere to licensing regulations, the Ombudsman cautions against rushing to judgment. Manager Nasution, a leader at the Ombudsman RI, stated that Yogi's actions should not be automatically deemed criminal solely due to licensing issues. He stressed the importance of examining how the state provides services, guidance, oversight, and enforces regulations proportionally. The case, he noted, raises critical questions about the state's presence and responsiveness in 3T areas.

The Ministry of Communication and Digital Technology has acknowledged that connectivity in areas like Sikakap, where Yogi operated, remains a challenge. Despite having 4G coverage, the lack of fiber optic infrastructure and reliance on a single operator contribute to poor service quality. The ministry also recognizes that Yogi's activities lacked the necessary permits. However, the Ombudsman argues that when the state has not fully provided the required internet services, and a citizen takes the initiative to bridge that gap, the state's response should extend beyond punitive measures.

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We must be careful in understanding Yogi's case. Let's not rush to conclude that the person concerned is a criminal just because there are licensing issues.

Nasution advocated for the state to actively engage through guidance, assistance, facilitation, and administrative solutions. He clarified that this stance does not condone operating without a license, as permits remain crucial and laws must be upheld. However, he insisted that public service law should not lose its developmental dimension. "The state should not be very quick to act when administrative shortcomings are found, but slow to act when the community needs services," he asserted, highlighting a potential maladministration that requires further investigation into the public service aspects of the case.

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The state should not be very quick to act when administrative shortcomings are found, but slow to act when the community needs services.