Wed, 05 Oct 1994

Police defend `gathering permit'

JAKARTA (JP): National Police spokesman Brig. Gen. I Ketut Ratta has defended police jurisdiction to issue the controversial "permit for gathering" saying that it is for the sake of the public itself.

"The need to apply for such a permit is not merely for security reasons, but also to allow police to monitor the purpose of a certain gathering," Ratta said.

Prior to the issuance of a permit police usually consider whether a gathering could disturb the public order, Ratta said as quoted by Antara.

"It is for the sake of the public itself," he bluntly said, adding that Article 510 of the Criminal Code guarantees police control over such permits, popularly known here as ijin keramaian.

It is a common practice for the Indonesian people to apply for an `ijin keramaian' before holding a gathering to be attended by more than five people.

The Indonesian Legal Aid Foundation (YLBHI) conducted a national campaign against the permit following a banned academic seminar on Sept. 7.

Dozens of policemen stormed a meeting hall of a building in South Jakarta, declaring that YLBHI had no permit to conduct the land-problem seminar, and asked the participants to leave.

YLBHI later alleged that the government had manipulated Article 510 to abuse the right to associate, listing hundreds of seminars, meetings and even street protests which were disbanded by police over the last 10 years.

Law suit

In a related development, City Police spokesman Lt. Col. A. Latief Rabar said yesterday that police are ready to face a law suit filed by YLBHI over the banned seminar.

Latief said that the South Jakarta police precinct is preparing to fight the legal battle in the Administrative Court.

"The decision of the police precinct was correct based on Article 510. YLBHI held a seminar without a permit," he said.

Rita Serena Kolibonso, a lawyer of the foundation, said earlier that YLBHI had filed a lawsuit against the South Jakarta police precinct.

YLBHI asked the court to order the police to issue a public apology through three Indonesian newspapers for their actions and to pay at least Rp 100 in restitution (5 U.S. cents).

Among the participants of the aborted seminar were members of the House of Representatives (DPR), the National Commission on Human Rights and activists of non-governmental organizations.

YLBHI said that the police precinct had violated the 1945 Constitution and the Universal Declaration of Human Rights, which guarantee freedom of association and speech.

Sukardjo Adidjojo, another lawyer, said a 1959 law requires a police permit to hold a public gathering, but that the law is only applicable when the nation is in a state of emergency. "But now we're not in a state of emergency," he said. (09)