Freedom of expression decree comes under fire

JAKARTA (JP): Activists again urged the House of Representatives (DPR) to reject the controversial government decree which purports to limit freedom of expression -- a call which was promptly supported by some legislators.

In a hearing with House Commission I on security, defense, foreign affairs and information here on Tuesday, legal expert Abdul Hakim Garuda Nusantara from the Institute for Policy Research and Advocacy (ELSAM) and Sebastian Salang from the Association of Indonesian Catholic Students (PMKRI) both spoke out against the decree.

At least three legislators shared their view that the government ruling in lieu of a law, known as Perpu No. 2/1998, on freedom of expression should be dropped.

"There is no justification whatsoever for such a ruling to be endorsed," Hakim said.

The 1945 Constitution only permits the government to issue regulations in lieu of laws in a state of emergency.

"Let's not go into the substance of the bill just yet, let's first judge whether the government's argument that the ruling was issued in a state of emergency is a valid one," he said.

"If the House disagrees with the government over what constitutes a 'state of emergency', simply reject the ruling," Hakim said of the document submitted to the House for deliberation on Sept. 11.

He warned the legislature of the danger of "falling into the trap" of producing a law which would plunge the country into a state of "de facto emergency" similar to the way it was during the 32 years of former president Soeharto's rule.

Hakim cited nine conditions recognized by the United Nations as conditions which must be met if a government wants to declare a state of emergency.

One condition is that the head of state makes an official declaration and sets out a time frame for the emergency situation, he said.

"President B.J. Habibie, in this case, never made any such statement," Hakim added.

Sebastian warned the House against committing a "sin" the way it did when it endorsed a seventh consecutive presidential term for Soeharto in March.

The legislators who agreed with the activists were Ginting Sutradara and Iqbal Assegaff from the Golkar faction and Muslich from the United Development Party (PPP) faction. Golkar's official line was that the bill should be deliberated rather than be rejected immediately after it was submitted.

Ginting said he would vote against the bill if a ballot was held. "I think there should be a vote on the bill, but I am not optimistic there will be one," he said.

Iqbal said all Commission I legislators felt inclined to reject the bill. "Unlike the PPP which has rejected the bill altogether, we will, however, move to the next stage of deliberation," he said.

Iqbal agreed with Ginting that the current House has only two tasks -- to produce a law that will ensure a fair and free poll next year, and to reject the ruling on freedom of expression.

Muslich said the suggestions put forward by ELSAM, PMKRI and law expert Soenaryati Hartono on Monday only "gave more weight" to the faction's case against the bill.

He also used the occasion to urge other factions represented on Commission I to cancel the third reading of the bill, which is scheduled for Sept. 28.

"If a third reading goes ahead, it means you will endorse it," he said, adding that the PPP faction had decided not to attend the session.

The bill, drafted by the Ministry of Defense and Security, proposes to regulate street demonstrations.

It seeks to ban protests near presidential palaces, other strategic locations and places of worship.

If enacted, it would also mean the police must be informed in advance of any demonstration involving up to 50 people. Protests involving more than 50 people would require a police permit.

Another clause in the bill states that the broadcast and print media must obtain police permission to report demonstrations.

If passed by the House, the document drafted by the government would become a regulation in lieu of a law.

The government insists the regulation is necessary to maintain law and order and has pointed out that similar regulations already exist in other countries, including the United States. (aan)