Rights on freedom of expression to get guarantee<\/p>\n
JAKARTA (JP): The House of Representatives (DPR) will on
\nThursday pass the freedom of expression bill, turning it into a
\nnew law which is expected to fully guarantee the right to express
\naspirations and opinions in public places.<\/p>\n
Legislators agreed the document would be the opposite of the
\naborted government decree in lieu of a law, which critics said
\nwas oppressive and restricted freedom of expression.<\/p>\n
The bill passed its third reading by House Commission I for
\npolitical affairs on Tuesday.<\/p>\n
The session was attended by Minister of Defense and
\nSecurity\/Armed Forces (ABRI) Commander Gen. Wiranto, whose
\nministry sponsored the bill, and Minister of Justice Muladi, who
\nrepresented the government.<\/p>\n
The final draft contains seven chapters and 20 articles plus
\nexplanations, as compared to the original version which comprised
\nof six chapters and 17 articles.<\/p>\n
Article 1 of the draft stipulates clearly that it is \"every
\ncitizen's right\" to air their opinions, either in writing or
\nverbally in public spaces. Opinions can be aired in the form of
\nstreet protests, rallies, public gatherings and free-speech fora.<\/p>\n
Under the bill, protests cannot be staged at the presidential
\nand vice presidential palaces, religious buildings, military
\ninstallations, hospitals, airports and seaports, train stations,
\nbus terminals and other places of vital national interest.<\/p>\n
However, the bill does allow for protests to be staged within
\na certain radius of sites designated in the bill.<\/p>\n
Protests can be staged 100 meters away from the presidential
\npalace fence, 150 meters away from military installations and 500
\nmeters away from other strategically important sites.<\/p>\n
Protests are banned on national holidays.<\/p>\n
Article 5 guarantees every citizen's right to freely express
\ntheir thoughts and their entitlement to legal protection for
\ndoing so.<\/p>\n
The police are obliged to guard people exercising their
\nfreedom of expression if they have met all of the requirements
\nstated under the bill.<\/p>\n
If police fail to meet this obligation, they can face either
\ncriminal, civil or administrative sanctions, the bill says.<\/p>\n
Sanctions are derived from the country's Criminal Code, Civil
\nCode and Administrative Code. Labor strikes and freedom of
\nexpression in the media are not regulated by the bill.<\/p>\n
Unlike the controversial original draft of the bill -- which
\ncritics slammed as being restrictive of basic rights -- the bill
\nstates that no police permit is required for people to exercise
\ntheir freedom of expression.<\/p>\n
Article 10 states that people need only notify the police in
\nwriting three days in advance before staging a protest in a
\npublic space. The police are obliged under Article 13 (1a) to
\nissue a receipt soon after they receive notification.<\/p>\n
If canceled, protest organizers must notify the police 24
\nhours in advance.<\/p>\n
Religious activities and campus activities do not need any
\nnotification whatsoever, the bill says.<\/p>\n
The bill also states that it is a crime to hinder protests
\nthat have met the terms of the bill. Parties hampering protests
\n-- be they members of the public or the state apparatus -- are
\nliable to one year imprisonment.<\/p>\n
In a further departure from the original draft of the bill,
\nthe number of protesters is no longer limited. However, for every
\n100 participants involved, a further one to five persons must
\nmake themselves responsible for any mishaps or trouble which
\noccurs. This stipulation is meant to ensure the \"free and
\nresponsible\" exercise of freedom of expression.<\/p>\n
In their final overview on Tuesday, the government and the
\nfour factions in Commission I -- the United Development Party
\n(PPP), Golkar, the Indonesian Democratic Party (PDI) and ABRI --
\nsaid the draft had undergone a substantial change from its
\noriginal version.<\/p>\n
Wiranto said the document in its current form was the result
\nof a \"conducive give-and-take process\" during the process of
\ndeliberation.<\/p>\n
Golkar legislator Sutradara Ginting -- an outspoken critic of
\nthe bill in its original draft -- said he was satisfied with the
\nfinal version.<\/p>\n
Meanwhile, around 500 students from two groups protested
\noutside of the House of Representatives on Tuesday. One group,
\nthe Indonesian Students, rejected the upcoming special session of
\nthe People's Consultative Assembly on Nov. 10 to Nov. 13, saying
\n\"almost all members are the product of undemocratic elections
\nunder the New Order.\"<\/p>\n
The second group was from 18 campuses grouped in the Forum
\nfrom Jatiwaringin Kali Malang, all of which are areas in East
\nJakarta. They demanded Golkar apologize for its past political
\nmistakes. (aan\/27)<\/p>",
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"sponsor": "Okusi Associates",
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