Govt urged not to force people to fly the flag
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)