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)