Mixed reactions greet protest bill debate

Mixed reactions greet protest bill debate

JAKARTA (JP): Legal experts Todung Mulya Lubis and Abdul Hakim
Garuda Nasution commended the House of Representatives on
Thursday because it had managed to persuade the government to
allow street protests without requiring police permits.

The development took place on Wednesday during the third
reading of the bill on freedom of expression. All four House
factions pressured the government -- represented by Minister of
Defense and Security Gen. Wiranto and Minister of Justice Muladi
-- to drop a stipulation that street protests needed a police
permit. The government agreed to ask for only a written
notification prior to any protest.

But political observer Arbi Sanit of the University of
Indonesia remained skeptical and said he would withhold his
approval until he saw how the law came out in its final form.

Todung said: "It's a step forward, because indeed, a street
demonstration does not need a (police) permit."

It could be understood, though, if the security apparatus
required protest organizers to notify them in advance in order to
allow them to secure the event, he said.

"It's related to the police's job of maintaining security and
public order," he said.

"But, a permit? That's a restriction of rights... So I am
grateful for the latest progress," Todung added.

Hakim, the director of the Institute for Policy Research and
Advocacy (ELSAM), echoed the positive view.

"It's progress compared to the previous situation (in which
public protests could be organized only with a police permit)."

He agreed that freedom of expression, as a basic human right,
should be regulated by a law as stated in the 1945 Constitution,
but he said the law should not serve to annul the people's
rights.

It was acceptable to modify the article on the police permit
requirement to only prior notification, he said.

And it was also acceptable to spell out in the proposed law
the persons responsible for public protests, Hakim added.

He, however, reminded legislators and the government not to
confuse public protests with riots.

"Public protests indeed must be peaceful, if they disturb
order then the punishment is already regulated in the Criminal
Code. They should not be included in the law on freedom of
expression," he said.

Arbi said: "Any development that looks like progress is simply
intended to win public sympathy ... it's just a political
strategy, both by the House members and the government."

Arbi stated his belief that street protests should not be
regulated at all, let alone be required to have a permit.

"It's just the way it has to be, isn't it?" Arbi told The
Jakarta Post when asked to comment on the latest development in
the deliberation of the bill.

The bill on freedom of expression currently being debated is a
17-article bill drafted by the Ministry of Defense and Security.

It was formerly submitted to the House for swift endorsement
as an emergency government regulation in lieu of a law, but was
rejected. Legislators demanded the proposed law follow the normal
legislative process.

On the bill's intent, Minister of Justice Muladi has said:
"This draft bill does not restrict the freedom (of expression in
public), or reduce the freedom, much less forbid it, but it
ensures the effectiveness of public expression of opinion and
guarantees public security and order."

Muladi said it was not meant to impinge on the rights and
fundamental freedoms of people, but to guarantee respect for the
rights of others. (aan)