Gathering permits abolished<\/p>\n
JAKARTA (JP): The government yesterday issued a ruling
\nabolishing permit requirements for holding seminars and political
\nmeetings.<\/p>\n
The \"implementation guideline\" attached to the ruling states
\nthat the public can hold any social, cultural and political
\ngatherings or meetings and need only, at the most, inform the
\nlocal police seven days prior to the intended events.<\/p>\n
The guideline, however, does not include directives for street
\ndemonstrations and protests. Officials said that demonstrations
\nand protests will be regulated under separate legislation which
\nis currently being drafted.<\/p>\n
Coordinating Minister for Political Affairs and Security
\nSoesilo Soedarman announced after a limited cabinet meeting
\nyesterday that the new ruling on permits for public gatherings
\nhad been signed on Monday by Minister of Home Affairs Moch. Yogie
\nSM and Minister of Defense and Security Edi Sudradjat.<\/p>\n
With the issuance of the guideline, Soesilo said, \"it is hoped
\nthere is now a common language, method and conduct in
\nimplementing the law on permits and notifications\".<\/p>\n
The guideline is also expected to give legal certainty to
\ncitizens who wish to hold gatherings in accordance with article
\n28 of the 1945 Constitution, he said.<\/p>\n
The guideline will be effective as of Jan. 1, 1996.<\/p>\n
The document classifies three types of gatherings which
\nrequire permits. These are public parties, public gatherings and
\nparades.<\/p>\n
The common thread which separates these three from other types
\nof gatherings is the fact that they utilize public property or
\nare attended by the general public.<\/p>\n
Soesilo said, compared to the old one, the new guideline is
\nmore specific and that various institutions were ready to follow-
\nup on its implementation.<\/p>\n
\"Yesterday I checked with the police and the Ministry of
\nEducation and Culture and they said they had also prepared the
\ntechnical guidelines,\" he remarked.<\/p>\n
The government has come under intense criticism for its policy
\nrequiring meetings involving over five people to have permits. At
\nleast five permit requests have been turned down and more than 26
\nevents broken up for lack of permits this year.<\/p>\n
Cultural performances and seminars featuring government
\ncritics have been among the victims of this policy.<\/p>\n
The policy is based on Article 510 of the Criminal Code, which
\nstipulates that people holding a public party or parade on a
\npublic street must seek permission from the police.<\/p>\n
The government in August finally announced it was abandoning
\nthis policy pending the necessary legal necessities.<\/p>\n
Political<\/p>\n
As a general rule, the guideline stipulates that only
\npolitical gatherings which are held outside the premises of the
\norganization or political party sponsoring the meeting, require
\nnotification.<\/p>\n
If the gatherings are held within the premises of the
\norganization, there is no obligation demanded of the organizers
\nother than ensuring that the events are conducted in a peaceful
\nand orderly manner.<\/p>\n
Individuals or non-organizations who wish to hold political
\ngatherings may also do so without needing a permit or prior
\nnotification.<\/p>\n
However, they have to notify authorities if the meeting is to
\nbe held outside the residence of the organizer or if more than 10
\npersons are expected to attend.<\/p>\n
Cultural events such as musical shows, exhibitions, dances and
\ndrama performances may be held without prior notification or
\npolice permission if they are held on private premises or
\nbuildings closed to the public.<\/p>\n
Should they be held in public places, thus possibly disrupting
\npublic order or traffic, then the authorities must be informed
\nbeforehand.<\/p>\n
The guideline also waives the obligation to report religious
\nmeetings, as long as they are held within the compound of the
\nplace of worship.<\/p>\n
Unlike the previous policy which often required organizers to
\nseek permission from three government institutions, the new
\nguideline mandates the local police as the sole authority to
\nreport to or seek permission from.<\/p>\n
Permits and notification must be made in writing no less than
\nseven days before the scheduled event.<\/p>\n
Police must reply or issue a Notification Receipt at least
\nthree days before the event is to take place, otherwise it will
\nbe automatically assumed that permission is granted.<\/p>\n
However a clause in the guideline still allows police to
\nbreak-up meetings \"if there is foregoing evidence showing an
\nintent or activities which breach public order or breach the
\nlaw.\"<\/p>\n
Two weeks ago police in East Jakarta broke-up a meeting of the
\nindependent Indonesian Welfare Trade Union (SBSI), claiming that
\nthe presence of opposing groups at the meeting could create a
\npublic brawl.(mds)<\/p>\n
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