Law on gathering permits outdated, needs revision

Law on gathering permits outdated, needs revision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.