JP\/4\/Express<\/p>\n
Freedom of expression remain in the back seat
\nOR
\nState of RI's democracy reflected in lack of freedom<\/p>\n
Hera Diani
\nThe Jakarta Post\/Jakarta<\/p>\n
After last year's landmark direct presidential election, the
\nupcoming direct election of local administration chiefs may
\nfurther lead Indonesia toward being a full-fledged democracy.<\/p>\n
But activists and experts have cast doubt over the country's
\nadherence to democracy, so far as freedom of expression remains
\nrestricted and in some cases is criminalized.<\/p>\n
The first government in the reform era passed Law No. 9\/1998
\nthat regulates airing opinions in public. The law has since
\nserved as justification for arresting and taking demonstrators to
\ncourt, and for dispersing public gatherings in the name of
\nsecurity concerns.<\/p>\n
Protests, which sometimes ended in violence, marked the
\ndrafting of the legislation, a process that took the House of
\nRepresentatives only 20 days to complete. President BJ Habibie
\nenacted the bill on Oct. 23, 1998, just one day after the House
\nendorsed it.<\/p>\n
Ignatius Mahendra, who at the time chaired the Yogyakarta
\nbranch of the National Democratic Student League (LMND), and Eko
\nWidodo, a leader of the Street Singers Union, were among the
\nfirst to fall prey to the law. Both were convicted of insulting
\nthe president and were sentenced to three years in jail.<\/p>\n
Under the same law, protesters who staged a demonstration in
\nfront of the State Palace were jailed in July 2002.<\/p>\n
There are other examples of this law being use against people
\nwho protested against the government in a way deemed illegal.<\/p>\n
Rights campaigner Johnson Panjaitan from the Indonesian Legal
\nAid and Human Rights Association (PBHI) urged that the law be
\nrepealed as it had been misused and wrongly interpreted.<\/p>\n
The law requires people to notify the police in writing at
\nleast three days in advance of any demonstration or public
\ngathering.<\/p>\n
Article 6 of the law stipulates that opinion expressed in
\npublic must respect other people's rights and the unity and
\ndiversity of the nation.<\/p>\n
Johnson said the articles had been misused by security
\npersonnel to impinge on freedom of expression.<\/p>\n
\"Recently a meeting between activists who planned a
\nhumanitarian mission in Aceh was dispersed. Police said they
\ndidn't have permission to hold the meeting, while the law does
\nnot stipulate that it is necessity to obtain a police permit,\"
\nsaid Johnson recently.<\/p>\n
Political observer Arbi Sanit viewed the law as
\nincomprehensive and open to interpretation.<\/p>\n
\"People are arrested for burning or stepping on the
\npresident's pictures, or on symbols of state ideology Pancasila.
\nThey are said to have insulted the state. That's ridiculous and
\nnarrow-minded, as well as abusing people's rights,\" Arbi said.<\/p>\n
All this time, he said, collective freedom is above
\neverything, with state security becoming the priority.<\/p>\n
\"But that ideology has failed, and people are not becoming
\nmore prosperous. So, freedom must be based on an individual's
\nrights,\" Arbi said.<\/p>\n
He therefore insisted that Law No. 9\/1998 be repealed as
\nfreedom of expression was guaranteed in Article 28 of the
\nConstitution.<\/p>\n
\"Just follow the Constitution, then establish an ability to
\nexpress an opinion in a good manner, while state institutions
\nserve to prevent conflict resulting from it,\" Arbi said.<\/p>\n
Law expert Romli Atmasasmita, however, said the law remained
\nrelevant to regulating demonstrations, but he agreed that it
\nneeded amending.<\/p>\n
\"If the law were repealed, who would determine that an
\naspiration is right or wrong, or whether police actions are
\nright?\" Romli said.<\/p>\n
He called for improvement in implementation of the law
\ninstead.<\/p>\n
\"No matter how good legislation is, the problem lies in the
\nimplementation. The Anticorruption Law, for instance, stipulates
\nconfiscation of assets (for the guilty), but the police just
\nnever use it,\" Romli said.<\/p>\n
He said even in developed countries, there are regulations
\ngoverning freedom of expression.<\/p>\n
\"Now, the problem is the professionalism and the mentality of
\nstate institutions,\" he said.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/jp4express-1447899208",
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