Freedom of expression?

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".