Wed, 14 Oct 1998

Protests to be allowed near presidential office

JAKARTA (JP): The House of Representatives and the government agreed on Tuesday that public protests would be allowed at a distance of 100 meters from the fence of the presidential palace.

In a closed-door deliberation of the bill on freedom of expression, also known as the bill on street protests, Minister of Justice Muladi and legislators said the agreement was the latest reached in the debate.

"We are still waiting for the presidential guards' observation on this, but we have basically come to an agreement on that one," Muladi said during a break in a session of House Commission I for political affairs here.

Legislator Ginting Sutradara of the Golkar faction and Aisyah Aminy of the United Development Party in the commission confirmed the decision reached.

Ginting, one of the most outspoken legislators during the bill's deliberation, described the ongoing debate as "so far, so good".

"What's important is that there has been a shift in paradigm, from one that sought to prevent riots to one that seeks to attain a peaceful exercise of freedom of expression," Ginting said during the break.

Aisyah Aminy said a major achievement was the agreement that no police permit was needed to stage public protests, but the proposed law sought to hold the public and the security apparatus responsible for peace and order.

On protests near the presidential palace, Ginting said the government's earlier stance was to forbid any such protests.

"But, it finally agreed that the bill could regulate such protests, because the presidential palace should not be turned into a sacred place where no one was allowed to stage protests," he said.

Regarding the question of distance, the government initially said protests could be held at a distance of 500 meters from the palace fence, Ginting said. But legislators argued that from such a distance, the protests would be "inaudible". The government then yielded.

However, the stressing of the law was on responsibility, Ginting and Aminy separately said.

"People are free (to stage protests), but (they) must be responsible. There are criminal penalties sought (for violators)," Aminy told journalists on the sidelines of the deliberation.

Ginting said: "One (important) thing is that no more permit is needed, the second is that the number of protesters is not limited and the third is that those violating human rights will face penalties."

He said the bill would ensure "a sharing of responsibilities" between protesters and security apparatus securing the protests.

Minister Muladi elaborated on the point.

He said that while there would be no limitation on the number of protests, for every 100 protesters, one person would have to accept responsibility and register with the police.

On the other hand, protests which are deemed "legal" must not be hindered. Any party, either state apparatus or other, attempting to prevent such protests would be considered to be committing a crime, he said.

"There are penalties for those responsible as well as for those of the security apparatus (in the event a protest turns violent)," Muladi said.

In this case, the police are warranted under the bill to "give considerations" over the "routes, timing, places and so on" of a planned protest.

"If protesters do not abide by the police's considerations, they could still continue to protest, but if it should turn rowdy, the penalties would be heavier," he said.

On the proposed punishment, Muladi said it was being discussed with the House.

On Tuesday, Muladi also said a radius of 500 meters had been agreed to for a protest to be staged in "dangerous places" like gas-drilling rigs. Protests at prayer houses are banned.

A discussion earlier on Monday also resulted in an agreement to allow protests at night -- although details were also being debated, legislators said. (aan)