NGOs seek review on controversial bylaw

NGOs seek review on controversial bylaw

Ahmad Junaidi, The Jakarta Post, Jakarta

Several non-governmental organizations (NGO) officially proposed
on Monday to City Council a draft bylaw that aims to replace the
controversial No. 11/1988 bylaw on public order, which is
considered by many to be unjust.

Led by Azas Tigor Nainggolan, several activists from the NGOs,
including the Jakarta Residents Forum (Fakta), the Jakarta Legal
Aid Institute (LBH), the Jakarta Social Institute (ISJ) and the
Urban Poor Consortium (UPC), submitted the draft to the council's
Commission A for legal affairs.

The NGOs stated that bylaw No. 11/1988 carries no justice or
principles of legal certainty.

"The bylaw also gives chances for the practice of corruption
and collusion," Sri Palupi of ISJ said at the meeting with the
council.

Palupi viewed that most of the articles in the bylaw consist
of prohibitions, but the prohibitions could be turned into
permission with the governor's approval.

She also pointed out that 60 percent of the articles ban
activities conducted by the poor.

For example, Article 16 stipulates that no one is allowed to
open a business in public places, except with the permission of
the governor.

This is the first time that the public has submitted a draft
bylaw to the council.

Horas Siringo-ringo from UPC said the administration often
used the current bylaw to oppress the disadvantaged for the sake
of city public order.

"The administration has not given the people a chance to
regulate themselves. Our efforts to educate the people, including
pedicab drivers, was halted by the administration with the
bylaw," Horas said.

The draft bylaw stipulates that every decision related to
public order should involve public participation.

Article 2 in the draft also states that non-motorized
vehicles, including becak (three-wheel pedicabs) are allowed to
operate in certain areas of the city.

Hundreds of becak were seized by the city administration in
public order operations over the past years.

Fakta chairman Azas Tigor told reporters after the meeting
that he was disappointed as the councillors refused to review the
bylaw.

"They said the bylaw could not be reviewed, at least until the
new governor is elected in October this year," he said.

The councillors, led by commission chairman Maringan
Pangaribuan, promised to discuss the draft bylaw with other
councillors in the council.

"We appreciate the suggestion. But we should discuss it first
with our leaders," said Maringan of the Indonesian Democratic
Party of Struggle.