Rights on freedom of expression to get guarantee

Rights on freedom of expression to get guarantee

JAKARTA (JP): The House of Representatives (DPR) will on
Thursday pass the freedom of expression bill, turning it into a
new law which is expected to fully guarantee the right to express
aspirations and opinions in public places.

Legislators agreed the document would be the opposite of the
aborted government decree in lieu of a law, which critics said
was oppressive and restricted freedom of expression.

The bill passed its third reading by House Commission I for
political affairs on Tuesday.

The session was attended by Minister of Defense and
Security/Armed Forces (ABRI) Commander Gen. Wiranto, whose
ministry sponsored the bill, and Minister of Justice Muladi, who
represented the government.

The final draft contains seven chapters and 20 articles plus
explanations, as compared to the original version which comprised
of six chapters and 17 articles.

Article 1 of the draft stipulates clearly that it is "every
citizen's right" to air their opinions, either in writing or
verbally in public spaces. Opinions can be aired in the form of
street protests, rallies, public gatherings and free-speech fora.

Under the bill, protests cannot be staged at the presidential
and vice presidential palaces, religious buildings, military
installations, hospitals, airports and seaports, train stations,
bus terminals and other places of vital national interest.

However, the bill does allow for protests to be staged within
a certain radius of sites designated in the bill.

Protests can be staged 100 meters away from the presidential
palace fence, 150 meters away from military installations and 500
meters away from other strategically important sites.

Protests are banned on national holidays.

Article 5 guarantees every citizen's right to freely express
their thoughts and their entitlement to legal protection for
doing so.

The police are obliged to guard people exercising their
freedom of expression if they have met all of the requirements
stated under the bill.

If police fail to meet this obligation, they can face either
criminal, civil or administrative sanctions, the bill says.

Sanctions are derived from the country's Criminal Code, Civil
Code and Administrative Code. Labor strikes and freedom of
expression in the media are not regulated by the bill.

Unlike the controversial original draft of the bill -- which
critics slammed as being restrictive of basic rights -- the bill
states that no police permit is required for people to exercise
their freedom of expression.

Article 10 states that people need only notify the police in
writing three days in advance before staging a protest in a
public space. The police are obliged under Article 13 (1a) to
issue a receipt soon after they receive notification.

If canceled, protest organizers must notify the police 24
hours in advance.

Religious activities and campus activities do not need any
notification whatsoever, the bill says.

The bill also states that it is a crime to hinder protests
that have met the terms of the bill. Parties hampering protests
-- be they members of the public or the state apparatus -- are
liable to one year imprisonment.

In a further departure from the original draft of the bill,
the number of protesters is no longer limited. However, for every
100 participants involved, a further one to five persons must
make themselves responsible for any mishaps or trouble which
occurs. This stipulation is meant to ensure the "free and
responsible" exercise of freedom of expression.

In their final overview on Tuesday, the government and the
four factions in Commission I -- the United Development Party
(PPP), Golkar, the Indonesian Democratic Party (PDI) and ABRI --
said the draft had undergone a substantial change from its
original version.

Wiranto said the document in its current form was the result
of a "conducive give-and-take process" during the process of
deliberation.

Golkar legislator Sutradara Ginting -- an outspoken critic of
the bill in its original draft -- said he was satisfied with the
final version.

Meanwhile, around 500 students from two groups protested
outside of the House of Representatives on Tuesday. One group,
the Indonesian Students, rejected the upcoming special session of
the People's Consultative Assembly on Nov. 10 to Nov. 13, saying
"almost all members are the product of undemocratic elections
under the New Order."

The second group was from 18 campuses grouped in the Forum
from Jatiwaringin Kali Malang, all of which are areas in East
Jakarta. They demanded Golkar apologize for its past political
mistakes. (aan/27)