Gathering permits abolished

Gathering permits abolished

JAKARTA (JP): The government yesterday issued a ruling abolishing permit requirements for holding seminars and political meetings.

The "implementation guideline" attached to the ruling states that the public can hold any social, cultural and political gatherings or meetings and need only, at the most, inform the local police seven days prior to the intended events.

The guideline, however, does not include directives for street demonstrations and protests. Officials said that demonstrations and protests will be regulated under separate legislation which is currently being drafted.

Coordinating Minister for Political Affairs and Security Soesilo Soedarman announced after a limited cabinet meeting yesterday that the new ruling on permits for public gatherings had been signed on Monday by Minister of Home Affairs Moch. Yogie SM and Minister of Defense and Security Edi Sudradjat.

With the issuance of the guideline, Soesilo said, "it is hoped there is now a common language, method and conduct in implementing the law on permits and notifications".

The guideline is also expected to give legal certainty to citizens who wish to hold gatherings in accordance with article 28 of the 1945 Constitution, he said.

The guideline will be effective as of Jan. 1, 1996.

The document classifies three types of gatherings which require permits. These are public parties, public gatherings and parades.

The common thread which separates these three from other types of gatherings is the fact that they utilize public property or are attended by the general public.

Soesilo said, compared to the old one, the new guideline is more specific and that various institutions were ready to follow- up on its implementation.

"Yesterday I checked with the police and the Ministry of Education and Culture and they said they had also prepared the technical guidelines," he remarked.

The government has come under intense criticism for its policy requiring meetings involving over five people to have permits. At least five permit requests have been turned down and more than 26 events broken up for lack of permits this year.

Cultural performances and seminars featuring government critics have been among the victims of this policy.

The policy is based on Article 510 of the Criminal Code, which stipulates that people holding a public party or parade on a public street must seek permission from the police.

The government in August finally announced it was abandoning this policy pending the necessary legal necessities.

Political

As a general rule, the guideline stipulates that only political gatherings which are held outside the premises of the organization or political party sponsoring the meeting, require notification.

If the gatherings are held within the premises of the organization, there is no obligation demanded of the organizers other than ensuring that the events are conducted in a peaceful and orderly manner.

Individuals or non-organizations who wish to hold political gatherings may also do so without needing a permit or prior notification.

However, they have to notify authorities if the meeting is to be held outside the residence of the organizer or if more than 10 persons are expected to attend.

Cultural events such as musical shows, exhibitions, dances and drama performances may be held without prior notification or police permission if they are held on private premises or buildings closed to the public.

Should they be held in public places, thus possibly disrupting public order or traffic, then the authorities must be informed beforehand.

The guideline also waives the obligation to report religious meetings, as long as they are held within the compound of the place of worship.

Unlike the previous policy which often required organizers to seek permission from three government institutions, the new guideline mandates the local police as the sole authority to report to or seek permission from.

Permits and notification must be made in writing no less than seven days before the scheduled event.

Police must reply or issue a Notification Receipt at least three days before the event is to take place, otherwise it will be automatically assumed that permission is granted.

However a clause in the guideline still allows police to break-up meetings "if there is foregoing evidence showing an intent or activities which breach public order or breach the law."

Two weeks ago police in East Jakarta broke-up a meeting of the independent Indonesian Welfare Trade Union (SBSI), claiming that the presence of opposing groups at the meeting could create a public brawl.(mds)

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