Govt urged not to force people to fly the flag

JAKARTA (JP): Constitutional law experts called on the authorities to ease tension in regions experiencing civil unrest by not forcing people there to hoist national flags ahead of the country's 55th Independence Day anniversary on Thursday.

Law professor Bagir Manan of Padjajaran University (Unpad) and Mohammad Mahfud M.D. of the Yogyakarta-based Indonesian Islamic University separately expressed their views on Tuesday with regard to troubled provinces such as Aceh and Irian Jaya where calls for separation have been mounting.

"There is no law stating that every citizen must commemorate Independence Day. So people should be free to make their own decision.

"Flying a national flag is part of a tradition and so far there is merely an instruction (without legal basis) to do so," Bagir said.

Aceh is an integral part of Indonesia and August 17 is the celebration of our independence, he said.

"It's supposed to be a cheerful 'fiesta', so what's the point of making them raise the national flag if they feel threatened or afraid?" Bagir told The Jakarta Post by phone on Tuesday.

Instead of using coercive actions in dealing with restive Aceh, Bagir suggested the administration create a more calm and amiable situation for the people.

"Acehnese are caught in the conflict between GAM rebels (Free Aceh Movement) and security forces. It's no use to push a 'normal' arrangement, such as a national flag raising, in that 'abnormal' situation. Just relax ... even GAM wouldn't want to raise their flags on August 17, would they?"

By doing so, the government might be able to win the people's heart -- not by "showing off power", Bagir added.

Sharing Bagir's view, Mahfud asserted that there is no existing law that requires citizens to hoist the national flag.

"Therefore, there is no legal consequence for those who refuse to fly the flag," he told the Post from Yogyakarta.

"The case is different if people tear up the flag. Such action could be regarded as violating the sacred national emblem and they could be charged by law," he said.

"People in Aceh and Irian Jaya must have their own sense of belonging. Unless they have pride and awareness of being Indonesian citizens, they will not voluntarily fly the flags.

"What is needed now is how to make their pride grow. One way to do so is treating them fairly and humanely," he said.

Back in Aceh, provincial authorities issued on Tuesday a joint call through local Serambi Indonesia daily, urging people to celebrate Independence Day by hoisting national flags in front of their homes and offices "as a demonstration of loyalty to the united Republic of Indonesia."

The statement also contained warnings to any parties trying to interrupt or foil the event, saying any such attempt "will be punished according to existing regulations".

Similar black-and-white flyers -- signed by top Aceh officials such as acting Aceh Governor Ramli Ridwan, Aceh Police chief Brig. Gen. Doddy Sumantyawan, Provincial Council Speaker Muhammad Yus and MUI Chief in Aceh Tengku Muslim Ibrahim -- were distributed from the skies over Banda Aceh and Lhokseumawe by helicopters.

Aceh's Legal Aid Foundation (LBH) and Commission on Missing Persons and Victims of Violence (Kontras) strongly protested the move.

"Let the people decide whether they want to join the celebration by hoisting the flags or not. Stop terrorizing and intimidating them," Kontras' Aguswandi said.

In Jakarta, National Police Chief Gen. Rusdihardjo said that police in Aceh would take strict measures against those attempting to hoist other flags on Aug. 17.

"Their efforts could be considered violating the public order," he told reporters.

"There are certain groups trying to use the independence moment to attract attention so people will raise the issue again," Rusdihardjo said.

With the same tune, Aceh Police chief Brig. Gen. Doddy Sumantyawan reiterated that any pennant other than the national flag was forbidden to be hoisted in the province.

"Police will take stern measures if there is any party trying to raise other flags or pulling down the national flag," Doddy said, replying to calls made by SIRA (Central Information of Aceh Referendum) to hoist United Nations and Referendum flags on Aug. 17.

Meanwhile, a rush on staple foods hit cities across Aceh such as in Sigli town of the restive Pidie regency and Lhokseumawe of North Aceh.

People were seen buying large quantities of food supplies and public transportation was reportedly also becoming scarce.

"We are afraid that the market and business activities will close down at least for the next three days. We also heard that there will be no public transportation operating," a house wife said. (50/51/swa/dja/edt)