Assembly permits remain a fact of life

By Hendardi

JAKARTA (JP): These past few weeks have seen the reappearance of a public discussion on the issue of permits. A number of gatherings and discussions were pitted against the policy of obtaining permits. The absence of a permit could jeopardize an expectation of a successful gathering.

A discussion organized by the Indonesia Baru Foundation on June 12 with American academic Dr. Robert Hefner as a guest speaker ended in a police round up. Hefner and the six organizers of the discussion spent a six-hour night vigil at a police station. More recently the occupant of the house where the discussion took place was summoned for questioning by the police on suspicion of violating the 1963 Law No.5/PNPS which stipulates that discussions must have a permit.

Meanwhile, organizers who wanted to invite outspoken public figures like Abdurrahman Wahid and Emha Ainun Najib to talk in public have often been denied permits. Likewise Megawati Soekarnoputri, chairperson of the Indonesian Democratic Party, and members of the party's Central Board are still not sure whether a permit will be issued for the holding of the party's activities in East Java.

A permit is also instrumental in deciding whether a music or a theater performance can take place. The ban on Teater Buruh Indonesia (Indonesian labor theater) and a concert by musician Harry Roesli are the most recent examples. In short, activities to be held by the community often go awry due to the unavailability of a permit.

With so many permit rejections -- 17 cases so far this year as recorded by the Indonesian Legal Aid Foundation -- Coordinating Minister for Political and Security Affairs Soesilo Soedarman said last month that the government had set up a team to study permit institutionalization and to re-evaluate the bureaucracy of permits.

Furthermore, an inter-ministerial meeting on security affairs on June 22 decided that a permit is not necessary for speakers invited to university campuses. A notification to the police will suffice and that all academic activities, both intra and extracurricular, are the rector's responsibility.

Police Chief Gen. Banurusman found it necessary to point out that the holding of a seminar does not require a permit. It suffices for the seminar's organizer to inform the police. However, a permit is still needed for other activities. The police chief has given his assurance that there will be no difficulties in the process of obtaining a permit.

The question is whether the public can rely on this statement? Will the police chief's subordinates adhere to it? What sanction is there in case his subordinates don't follow his line of instruction?

Banurusman's statement will surely be tested. So far many promises and statements have been uttered. Maj. Gen. Koesparmono Irsan, at the time Deputy Police Chief, once assured that it would be easy to obtain a permit. It could even be done within one day, provided all requirements were met, he said. In reality, however, the number of banned activities due to the unavailability of permits is on the rise.

At present we are confronted with the authority of permits. It is as if each of our steps is confronted by the authorities. Orderliness and willingness to be regulated is reflective of a permit holder's characteristics and what is more important is his or her obedience to the authorities. Those who fail to get permits are disorderly and disobedient.

In a number of cases the movements of community members are restricted due to the permit institution. Their programs fail to take place and while they have difficulties in obtaining a permit, others whose ideas run parallel or are loyal to the authorities are unhindered. The permit business is therefore discriminatory.

What is important for the authorities is not the permit bureaucracy itself, but its "ideological" function. A clash with the authorities over a permit occurs both in tangible and intangible aspects. But what is more important is that the permit institution penetrates our minds.

The state apparatus knows that discussions, seminars, poetry readings and art performances are not really that dangerous to stability, neither is there anything to be too concerned about in an outburst of emotional criticisms in those undertakings.

However, as the permit institution penetrates our minds, our brains become obsessed with the importance of permits.

The writer is director of Communication and Special Programs at the Indonesian Legal Aid Institute (YLBHI), Jakarta.