Freedom of expression decree comes under fire<\/p>\n
JAKARTA (JP): Activists again urged the House of
\nRepresentatives (DPR) to reject the controversial government
\ndecree which purports to limit freedom of expression -- a call
\nwhich was promptly supported by some legislators.<\/p>\n
In a hearing with House Commission I on security, defense,
\nforeign affairs and information here on Tuesday, legal expert
\nAbdul Hakim Garuda Nusantara from the Institute for Policy
\nResearch and Advocacy (ELSAM) and Sebastian Salang from the
\nAssociation of Indonesian Catholic Students (PMKRI) both spoke
\nout against the decree.<\/p>\n
At least three legislators shared their view that the
\ngovernment ruling in lieu of a law, known as Perpu No. 2\/1998, on
\nfreedom of expression should be dropped.<\/p>\n
\"There is no justification whatsoever for such a ruling to be
\nendorsed,\" Hakim said.<\/p>\n
The 1945 Constitution only permits the government to issue
\nregulations in lieu of laws in a state of emergency.<\/p>\n
\"Let's not go into the substance of the bill just yet, let's
\nfirst judge whether the government's argument that the ruling was
\nissued in a state of emergency is a valid one,\" he said.<\/p>\n
\"If the House disagrees with the government over what
\nconstitutes a 'state of emergency', simply reject the ruling,\"
\nHakim said of the document submitted to the House for
\ndeliberation on Sept. 11.<\/p>\n
He warned the legislature of the danger of \"falling into the
\ntrap\" of producing a law which would plunge the country into a
\nstate of \"de facto emergency\" similar to the way it was during
\nthe 32 years of former president Soeharto's rule.<\/p>\n
Hakim cited nine conditions recognized by the United Nations
\nas conditions which must be met if a government wants to declare
\na state of emergency.<\/p>\n
One condition is that the head of state makes an official
\ndeclaration and sets out a time frame for the emergency
\nsituation, he said.<\/p>\n
\"President B.J. Habibie, in this case, never made any such
\nstatement,\" Hakim added.<\/p>\n
Sebastian warned the House against committing a \"sin\" the way
\nit did when it endorsed a seventh consecutive presidential term
\nfor Soeharto in March.<\/p>\n
The legislators who agreed with the activists were Ginting
\nSutradara and Iqbal Assegaff from the Golkar faction and Muslich
\nfrom the United Development Party (PPP) faction. Golkar's
\nofficial line was that the bill should be deliberated rather than
\nbe rejected immediately after it was submitted.<\/p>\n
Ginting said he would vote against the bill if a ballot was
\nheld. \"I think there should be a vote on the bill, but I am not
\noptimistic there will be one,\" he said.<\/p>\n
Iqbal said all Commission I legislators felt inclined to
\nreject the bill. \"Unlike the PPP which has rejected the bill
\naltogether, we will, however, move to the next stage of
\ndeliberation,\" he said.<\/p>\n
Iqbal agreed with Ginting that the current House has only two
\ntasks -- to produce a law that will ensure a fair and free poll
\nnext year, and to reject the ruling on freedom of expression.<\/p>\n
Muslich said the suggestions put forward by ELSAM, PMKRI and
\nlaw expert Soenaryati Hartono on Monday only \"gave more weight\"
\nto the faction's case against the bill.<\/p>\n
He also used the occasion to urge other factions represented
\non Commission I to cancel the third reading of the bill, which is
\nscheduled for Sept. 28.<\/p>\n
\"If a third reading goes ahead, it means you will endorse it,\"
\nhe said, adding that the PPP faction had decided not to attend
\nthe session.<\/p>\n
The bill, drafted by the Ministry of Defense and Security,
\nproposes to regulate street demonstrations.<\/p>\n
It seeks to ban protests near presidential palaces, other
\nstrategic locations and places of worship.<\/p>\n
If enacted, it would also mean the police must be informed in
\nadvance of any demonstration involving up to 50 people. Protests
\ninvolving more than 50 people would require a police permit.<\/p>\n
Another clause in the bill states that the broadcast and print
\nmedia must obtain police permission to report demonstrations.<\/p>\n
If passed by the House, the document drafted by the government
\nwould become a regulation in lieu of a law.<\/p>\n
The government insists the regulation is necessary to maintain
\nlaw and order and has pointed out that similar regulations
\nalready exist in other countries, including the United States.
\n(aan)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/freedom-of-expression-decree-comes-under-fire-1447893297",
"image": ""
},
"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
}