Law on freedom of expression sought

Law on freedom of expression sought

JAKARTA (JP): Legal expert Loebby Loqman says Indonesia has
not fully implemented the spirit of democracy contained in the
1945 Constitution and that laws on freedom of expression and
antitrust, both mandated by the constitution, are still missing.

In a discussion held by the Indonesian Democratic Party (PDI)
faction at the House of Representatives Saturday, Loebby said the
House must now draft bills which support democratization.

The PDI faction plans to draw up a proposed decree on
democratization based on state ideology Pancasila, and bring it
up for deliberation and endorsement at the People's Consultative
Assembly.

Another speaker in the discussion was Baharuddin Lopa, the
secretary-general of the National Commission on Human Rights, who
shared Loebby's opinion and added that the establishment of an
antitrust law should not be delayed.

"The 1945 Constitution stipulates democratization, and this
should be (achieved through) lesser laws," Loebby told a
discussion on Pancasila democracy. For instance, "there should be
laws that guarantee freedom of expression since Article 28 of the
constitution has mandated it".

The article stipulates the establishment of laws on freedom to
associate and to assemble, and to express thoughts either
verbally or in writing.

Observers have often said that one of the obstacles of freedom
of expression that exists today is a 1984 minister of information
decree which allows the revocation of publishing permits.

Observers said the decree contradicts the 1982 Press Law which
does not recognize press banning. The government, however, has in
the past often quashed this argument by saying that revocation of
publishing permits is not the same as banning.

At least six publication licenses have been revoked since the
establishment of the decree, including Sinar Harapan daily in
1986, Prioritas daily in 1987, and Tempo, Editor weekly and DeTik
tabloid in 1994.

Lopa focused his discussion on business practices, including
monopolies, which he said contradicted the 1945 Constitution's
Article 33.

The article says, among other things, that branches of
production activities that are important for the state and affect
the livelihood of the people shall be controlled by the state.

"The establishment of an antimonopoly law ... can no longer be
delayed," he said. "Even in the United States, a capitalistic
country, they have reviewed their antimonopoly law several
times."

Lopa said the irony was that Indonesia had often touted itself
to be an anticapitalist country.

Both speakers agreed, however, that the next step was the
proper enforcement of the laws.

"Law enforcers must not discriminate people and uphold the
principle of equality before the law," Lopa said. (10)