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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