Assembly permits remain a fact of life

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.