Freedom of expression?

Although only four days have passed since the government enacted Decree No. 2/1998 restricting public protests and demonstrations, it seems safe to say that controversy over the new regulation will grow rather than lessen over the coming weeks.

Officially -- and rather ironically -- called the Government Regulation on Freedom of Expression, Decree No.21/1998 basically aims to control public protests and street demonstrations for the sake of "national security and order".

The decree, which was signed by President B.J. Habibie last Friday and made public by Minister of Justice Muladi on the same day, restricts the number of people who are allowed to take part in public protests without a police permit to a maximum of 50. While no official permit is needed, organizers are still required to give notice of such plans to the police at least three days in advance.

But what if a demonstration swells in size because people of a like mind, inspired by the cause, join along the route? In that case, Minister Muladi says: "You must simply ask the others to leave the group."

If you do want to hold a demonstration involving more than 50 people and are anxious to remain within the law, then an official written permit must be obtained. In such cases, authorized demonstrations can be held three days after the police permit has been issued.

The decree bars demonstrations from being held near the presidential palace, houses of worship, military installations, hospitals, air and sea ports, railway stations, bus stations and other vital areas. Furthermore, the decree bans the staging of demonstrations on national holidays and during the night.

So far, two main objections have been brought forward by critics of the decree. The first concerns its restrictive nature. The second concerns the fact that the government appears to have seen it prudent to enact the new regulations in the form of a government decree, which can be issued unilaterally by the president, rather than a law, which must be deliberated in the House of Representatives.

The Constitution gives the government the authority to issue decrees in place of laws, but only under urgent and exceptional circumstances, and even then on condition that the decree will be considered by the House of Representatives at the earliest possible opportunity. Since the House of Representatives is now in recess, it will be unable to consider the decree for some weeks to come.

Considering that the incumbent Habibie government has yet to win the full confidence of the people, it is not surprising that the restrictive nature of this decree has fueled concerns among many of the country's political observers.

It comes hard on the heels of a proposal made only a few weeks ago by Habibie that, if implemented, would require all journalists to possess a working license in order to practice their trade. Habibie's proposal -- apparently supported by at least some members of the government-sanctioned Indonesian Journalist's Association (PWI) -- was naturally seen by many in the media as a renewed attempt to control the press.

These and other similar developments have undoubtedly helped to foment the growing opinion among observers that the process of democratization is in dire need of being restarted. To many observers it looks as if the reform movement is in imminent danger of grinding to a standstill.

Given all this, it would be most advisable for the House of Representatives to reject Decree No. 2/1998, and for the government to stay away from making any further moves that could give further fuel to allegations that President Habibie's present "reform cabinet" is in fact a mere extension of the fallen Soeharto regime, which relied so heavily on repressive actions to ensure "stability".