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At least six publication licenses have been revoked since the establishment of the decree, including Sinar Harapan daily in 1986, Prioritas daily in 1987, and Tempo, Editor weekly and DeTik tabloid in 1994.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