Sat, 03 Oct 1998

Freedom of expresion bill submitted

JAKARTA (JP): The House of Representatives agreed on Friday to deliberate a controversial bill regulating freedom of expression, after rejecting earlier this week an emergency government regulation in lieu of a law.

Deputy House Speaker Hari Sabarno told a plenary session after receiving the bill from the government -- represented by Minister of Justice Muladi -- that House Commission I for political affairs was assigned to deliberate the bill.

On the bill's intent, Muladi told legislators: "This draft bill does not restrict the freedom (of expression in public), or reduce the freedom, much less forbid it, but it ensures the effectiveness of public expression of opinion and guarantees public security and order."

Muladi said it was not meant to impinge on the rights and fundamental freedoms of people, but to guarantee respect for the rights of others.

Public expression of opinion, he added, was also regulated in other countries, including democratic ones.

"It's ... more regulatory than repressive," he said.

The draft law remains substantially similar to the emergency bill -- sponsored by the Ministry of Defense -- that the government withdrew on Tuesday following heavy public protest.

It still requires organizers of public demonstrations, protests and rallies to provide detailed notification to the police three days in advance.

Details must include the objectives of the gathering, the venue, itinerary, time of commencement and duration, names and addresses of the individuals or groups organizing the action, equipment used and the number of participants.

A police permit is required for demonstrations involving more than 100 people. The emergency bill had demanded the same permit for a demonstration of more than 50 people.

Police should issue a permit 48 hours after receiving the application at the latest, and the rally or demonstration can only be held 72 hours afterward, the draft states.

The revoked bill -- called Perpu No. 2/1998 -- did not require endorsement by the House to go into effect, but the body is entitled to revoke it and thus render it void.

The replacement bill requires endorsement, and a lengthy debate process which the emergency bill would have avoided.

Muladi argued the draft bill, if passed, would be "very helpful in overcoming the uncertain public order and security situation, including in the national economy, and is also hoped to be able to restore public confidence here and abroad on the upholding of the law in Indonesia".

He said a consideration in submitting the bill had been that "practices and methods of public expression of opinion were often accompanied by acts causing material and other losses".

The first emergency bill had been introduced after the fall of former president Soeharto on May 21 amid mounting public pressure, street rallies and violent riots.

Critics, including human rights groups, had called on the House not to pass the first bill and for the government to revoke it, saying it restricted freedom of expression guaranteed by the Constitution.

Muladi said on Friday the Constitution guaranteed freedom of expression but also provided for the rule of law. (aan)