Freedom of expression?<\/p>\n
Although only four days have passed since the government
\nenacted Decree No. 2\/1998 restricting public protests and
\ndemonstrations, it seems safe to say that controversy over the
\nnew regulation will grow rather than lessen over the coming
\nweeks.<\/p>\n
Officially -- and rather ironically -- called the Government
\nRegulation on Freedom of Expression, Decree No.21\/1998 basically
\naims to control public protests and street demonstrations for the
\nsake of \"national security and order\".<\/p>\n
The decree, which was signed by President B.J. Habibie last
\nFriday and made public by Minister of Justice Muladi on the same
\nday, restricts the number of people who are allowed to take part
\nin public protests without a police permit to a maximum of 50.
\nWhile no official permit is needed, organizers are still required
\nto give notice of such plans to the police at least three days in
\nadvance.<\/p>\n
But what if a demonstration swells in size because people of a
\nlike mind, inspired by the cause, join along the route? In that
\ncase, Minister Muladi says: \"You must simply ask the others to
\nleave the group.\"<\/p>\n
If you do want to hold a demonstration involving more than 50
\npeople and are anxious to remain within the law, then an official
\nwritten permit must be obtained. In such cases, authorized
\ndemonstrations can be held three days after the police permit has
\nbeen issued.<\/p>\n
The decree bars demonstrations from being held near the
\npresidential palace, houses of worship, military installations,
\nhospitals, air and sea ports, railway stations, bus stations and
\nother vital areas. Furthermore, the decree bans the staging of
\ndemonstrations on national holidays and during the night.<\/p>\n
So far, two main objections have been brought forward by
\ncritics of the decree. The first concerns its restrictive nature.
\nThe second concerns the fact that the government appears to have
\nseen it prudent to enact the new regulations in the form of a
\ngovernment decree, which can be issued unilaterally by the
\npresident, rather than a law, which must be deliberated in the
\nHouse of Representatives.<\/p>\n
The Constitution gives the government the authority to issue
\ndecrees in place of laws, but only under urgent and exceptional
\ncircumstances, and even then on condition that the decree will be
\nconsidered by the House of Representatives at the earliest
\npossible opportunity. Since the House of Representatives is now
\nin recess, it will be unable to consider the decree for some
\nweeks to come.<\/p>\n
Considering that the incumbent Habibie government has yet to
\nwin the full confidence of the people, it is not surprising that
\nthe restrictive nature of this decree has fueled concerns among
\nmany of the country's political observers.<\/p>\n
It comes hard on the heels of a proposal made only a few weeks
\nago by Habibie that, if implemented, would require all
\njournalists to possess a working license in order to practice
\ntheir trade. Habibie's proposal -- apparently supported by at
\nleast some members of the government-sanctioned Indonesian
\nJournalist's Association (PWI) -- was naturally seen by many in
\nthe media as a renewed attempt to control the press.<\/p>\n
These and other similar developments have undoubtedly helped
\nto foment the growing opinion among observers that the process of
\ndemocratization is in dire need of being restarted. To many
\nobservers it looks as if the reform movement is in imminent
\ndanger of grinding to a standstill.<\/p>\n
Given all this, it would be most advisable for the House of
\nRepresentatives to reject Decree No. 2\/1998, and for the
\ngovernment to stay away from making any further moves that could
\ngive further fuel to allegations that President Habibie's present
\n\"reform cabinet\" is in fact a mere extension of the fallen
\nSoeharto regime, which relied so heavily on repressive actions to
\nensure \"stability\".<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/freedom-of-expression-1447893297",
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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