Wed, 14 Jun 1995

Rethinking permit policy

Although the freedom of expression and association was guaranteed by the nation's constitution almost 50 years ago, it is still seen from different points of view. And this is sure to remain the case until the country produces a law to protect the people's constitutional rights.

The people have long complained over the difficulty encountered in implementing their constitutional rights, especially the freedom of expression and association. In response, the authorities consistently cite national stability as the reason for any limitations.

The irony in this case is that the people have to beg the authorities to sponsor a law on rights because the House of Representatives has been reluctant to exercise its legislative power over the last three decades.

Foreign observers might wonder why, after almost five decades of independence, the people of this nation still have to strive for the rights which the constitution has provided them.

The answer to this question might be difficult to formulate, but more recent experience seems to indicate that matters seen by our founding fathers as part of the natural order of human existence have come to be viewed as possible harbingers of instability and chaos.

Thus this nation continues to see police dissolving meetings, or seminars, and taking the organizers, or speakers, in for questioning, when organizing committees fail to produce a police permit. One might call this a blatant violation of constitutional rights, but the police cite such actions as maintaining law and order as stipulated by the Criminal Code.

That the code is part of the heritage left behind by the Dutch colonial administration may not be considered relevant in light of the view that "law is law". And there is no denying that the stability of a nation is of great importance in setting out the framework for the secure and prosperous way of life dreamed of by the nation's founding fathers.

However, as the world changes and many formerly authoritarian states now embrace democracy, it seems that steps should be taken to bridge the apparent gap in how the provision of rights in our constitution is viewed.

Up until Monday, however, no significant positive response to this demand was heard. Then Coordinating Minister for Political Affairs and Security Soesilo Soedarman said that the government is studying the possibility of reviewing the policy of requiring people to get a permit from the police every time they hold a gathering of more than five because "it has curtailed the democratization efforts".

The statement sounds very encouraging and seems to indicate that the government has come to understand that any lack of democratic rights will only cause instability and kill the people's creativity and their concern about the future of the nation.

It will also tarnish the nation's image because other countries are watching how Indonesia is implementing the openness its leaders have promised.

One can put almost any label on any given political system, but the basic, standard values of freedom are the same everywhere. Nowhere in the world can the freedom of expression and association be compromised continuously.

We hope that it will not take the government very long to work out its plan to review the permit policy. And we hope that the result of that review will be the regulation in a law of the people's constitutional rights to freedom of expression and freedom from curtailment of public gatherings.