Criminal Code: Article 510

Criminal Code: Article 510

From Suara Karya

Article 510 of the Criminal Code stipulates: "A fine of Rp
25,000 shall be imposed on those who, without prior permission
from the police head, (1) hold a party or public entertainment
event and (2) hold a procession on public roads.

Many people, including lawyers, interpret this article as
applying to such activities as parties, processions in open
spaces, entertainment like movies, carnivals, bands, dramas etc.

The police, however, apply this article to cancel meetings,
seminars, informal discussions, workshops, even down to limited
meetings. The article is also used as a means/reason to break up
demonstrations held in front of a state institution.

The right to hold meetings and to express opinions is actually
guaranteed by the 1945 Constitution. Remember this country has
been independent for almost 50 years and adopts Pancasila
democracy. The people should not be denied of their rights under
the pretext of maintaining security and stability.

In this context I would like to request the following:

* The Supreme Justice should issue an advisory note about the
correct interpretation of article 510 of the Criminal Code.

* The Government should present a bill to the House of
Representatives by which the right to hold meetings and express
opinions is governed.

* Meanwhile the President could issue a temporary decision to
this effect in order to facilitate the implementation of the
people's rights.

Obviously we need a clearly-defined regulation so that society
will be well-versed with the rules of the game. Only under such
circumstances can society consciously abide by the law and also
avoid friction with the law enforcing body.

SUHARSONO HADIKUSUMO

Jakarta