Free expression should not require a permit

Free expression should not require a permit

By Aswab Mahasin

JAKARTA (JP): It was shocking to learn that Dr. Robert Hefner,
an American anthropologist from the Boston University, was
questioned on Monday for six hours by the Jakarta police.

The questioning began at 10 p.m., right after he gave a
presentation, at a seminar, on Islam, democracy and strategic
elites in Indonesia, which has been a common academic topic
recently.

Presentation is perhaps too strong a word, as he was invited
by the organizer for ngobrol-ngobrol (a light talk).

Being an Indonesianist, who wants to keep abreast of
contemporary developments, he would, under normal circumstances,
honor such an invitation.

This would give him an opportunity not only to give a talk,
but also to learn from the audience. It is inconceivable that
such good intentions would end with a summons to go to the police
station at such late hours. He was allowed to leave after 04.00
a.m.

It must have been a nerve-racking experience for him. All the
more so because the main reason for his visit was to honor an
invitation to the seminar organized by the Indonesian Institute
of Sciences and American-Indonesian Exchange Foundation, both
known as respectable institutions dealing with scholarly
endeavors.

And yet, Bob simply brushed the incident off, saying that it
was unfortunate, and that he was treated well during the
questioning. Such an innocent answer confirms Bob's description
of himself as a wong ndeso, literally a man from the village. In
fact, as an anthropologist, his interest has been in studying the
cultural and socio-economic dimensions of rural communities,
particularly of East Java, and more particularly of mountainous
communities of Tengger.

His study on religion in Tengger seems to have led him to a
closer look at Islam, as he found out and the ongoing process of
Islamization there and elsewhere. It is only logical that he
embarked on a study of the Indonesian Moslem Intellectuals
Association quite recently.

Even here his approach is more socio-cultural, than political,
and in general, quite sympathetic and optimistic about the future
contribution of Islam to democratization, provided that it
remains plural and inclusive.

Naturally, such an approach would not only invite sympathy but
also encouragement from Moslem communities. They asked his
comment on Huntington's thesis on the clash of civilizations, and
he came out with strong criticism.

He simply confirmed what many Americans would share with him,
but when he stated this during a television interview here, it
would certainly gratify the Moslems. But this does not mean he
takes their side politically. For, as is expected of a good
scholar, he should maintain his objectivity or, in this case,
impartiality.

It is very unlikely that such a position would have brought
him in for questioning. It could only be a mistake. As put
correctly by Dr. Taufik Abdullah of the institute, Bob would
never become a suspect because of what he said.

As was reported in the press, he was taken in for questioning
because he gave a talk at an illegal public gathering. In fact
the organizers argued that they had obtained a local permit,
which they thought to be sufficient for such a local gathering.
They insisted that Bob be released at once because he was there
on the institute's and foundation's invitation, and they would
bear all responsibility, with regards to the gathering.

But it was only after six hours of questioning that the police
finally listened to their arguments. But the officers were simply
doing their job. So what went wrong in this unfortunate
incidence?

It is clear that the regulation requiring such a permit needs
to be reviewed. The Jakarta court ruling, on the illegality of
dissolving public gatherings, in the case of the LBH Legal Aid
Institute recently is a good example. Recent statements made by
certain members of the House of Representatives, the National
Commission of Human Rights and the coordinating minister for
socio-political affairs seem to indicate that an overall review
is in order.

Human rights must be respected. Freedom of expression and
assembly, as stipulated by our constitution, must be legally
guaranteed. So have said lawyers and politicians. As for us, the
common people, our wish is quite simple: that no more innocent
and well-intentioned human being, wong ndeso or otherwise, suffer
from unfounded suspicion.

The writer is a jurist by training and Deputy Director of
Foundation for Sustainable Development.