Law on gathering permits outdated, needs revision

Under Dutch colonial rule any gathering of over five Indonesians was prohibited. The Dutch were very suspicious that meetings could lead to an uprising against them. When Indonesia proclaimed its independence 50 years ago, the people naturally expected that the restriction would be lifted. Although freedom of association and assembly is guaranteed by Article 28 of the 1945 Constitution, the prohibition still exists.

By Rita A. Widiadana

JAKARTA (JP): Taking part in or organizing a discussion can land you in trouble.

Robert W. Hefner, a prominent American scholar, was speaking at an informal gathering when a police officer approached him and said, "Can you follow me? This is an order from our commander."

Hefner, a professor on Indonesian politics at Boston University, and six members of The New Indonesia Foundation (YIB), the organizer of the gathering, were shocked and extremely confused when they were subjected to seven hours of questioning at the Central Jakarta police station.

Even though the police officers backed up their actions, the questioning of Hefner triggered academic and political debate on the right of assembly.

Mochtar Pabottingi, head of the research and development of the Indonesian Institute of Sciences commented that Hefner's questioning was against international etiquette.

Muladi, rector of the University of Diponegoro, believes Hefner's detainment is against the freedom of expression stated in the International Bill of Human Rights.

The action could be categorized as a violation of human rights, which is a very sensitive issue, explained Muladi, a respected professor of law and a member of the National Human Right Commission.

Hefner's visit was sponsored by LIPI, the American-Indonesian Exchange Foundation and the Center for Policy and Development Studies.

In July controversial soothsayer Permadi Satrio Wiwoho was formally charged in court with blasphemy against Islam, the main religion in Indonesia.

Donny Katnezar Irdan, who is prosecuting the case for the government, told the Sleman District Court that Permadi of making various statements that denigrated Prophet Muhammad during a seminar at Gajah Mada University in April last year. The prosecutor said Permadi remarked during the seminar that the Prophet Muhammad Islamic's government in the seventh century failed to establish a just and prosperous society because it was constantly involved in wars and that killings continued.

The prosecutor charged Permadi with article 156 and 156A of the Criminal Code which said that anyone who publicly sowed enmity and hatred against a certain group, including religious community, in the Republic Indonesia is liable for criminal charges and a maximum imprisonment of four years.

Confusing

Permadi, on the other hand, said that the accusations against him were "incomprehensible and confusing" because the prosecutor quoted only certain parts of his remarks rather than presenting them in their entirety.

Permadi added the prosecutor had simply based their case on a tape recording of the seminar that had already been cut apart by Din Syamsuddin, a young Moslem scholar and politician of the ruling Golkar faction. Permadi accused Syamsuddin of launching the campaign to have him prosecuted. Permadi recalled that it was Syamsuddin's public accusation against him in February that inflamed the Moslem people in Indonesia and led to the current prosecution.

It remains to be seen how the case ends, but Sudjati J. Djiwandono, a noted political analyst, told The Jakarta Post that the government should loosen its tight control on seminars and gatherings, particularly scientific ones.

"These seminars and gatherings provide room for debate, which, for scholars and scientists, is necessary to reach a truthful conclusion and solution to a problem," said Sudjati, who is also a member of Board of Directors of the Centre for Strategic and International Studies.

Debate is important to educate the public to create a real democratic society, he explained.

"It is the duty of scholars to reveal the truth so I don't think it is necessary for seminar organizers to obtain special permits to carry out their activities," Sudjati continued.

Seminars in Indonesia deal mainly with current issues like democracy, human rights, presidential succession and social injustice. Sudjati argues these are subjects the Indonesian government and its citizens should face and resolve.

Excuse

The government, however, continues to employ the excuse of maintaining national stability to regulate seminars, gatherings and even art and cultural activities, Sudjati noted.

Most regulations are made -- sometimes inconsistently -- to under the guise of national stability and development, maintained Sudjati.

"Don't be too repressive, it will cause people to explode," warned Sudjati.

Muladi said that the government usually refers to Article 510 of the Criminal Code when banning seminars or gatherings.

The government has made it unlawful to hold public gatherings of more than five people without a permit.

"It is very important to note that the article was enacted during the Dutch colonial period to silence the local people, particularly intellectuals," said Muladi.

Muladi also questioned the legality of a 1963 presidential decree on political activities which the police usually use to disperse gatherings.

According to Muladi, the decree was once applied during the emergency period in the Old Order government. The decree regulated meetings involving more than five participants. Anybody violating the decree was considered anti-revolutionary by the Old Order regime.

"But, at present, we are politically stable. Therefore the application of such an emergency regulation is not proper," he added.

Last year 18 major events were banned, refused permits or halted by the government, according to data from the Indonesian Legal Aid Institute. This year the count has already reached 17.

The Armed Forces (ABRI) constantly reminds the public that the policy has its origins in the constitution. ABRI spokesman Brig. Gen. Suwarno Adiwijoyo said recently that the right to assemble and express opinion are regulated in Article 28 of the l945 Constitution. The constitution, he said, contains only the basic regulations regarding the rights, so it needs other regulations which are flexible enough to accommodate developments in society.

Suwarno made the comment in relation to the government's plan to establish a team to review the controversial policy. Numerous groups and individuals have joined the discourse, including former minister of home affairs Rudini, who called for the abolition of the policy on the grounds that Indonesia is politically stable.

With so many permit rejections, Coordinating Minister for Political and Security Affairs Soesilo Soedarman stated recently that a special team, chaired by Minister of Justice Oetoyo Oesman, has been set up to study permit institutionalization and to re-evaluate the bureaucracy of permits.