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)