REPUBLIKA.CO.ID, JAKARTA - Issuance of Jakarta Metro Police chief edicts regarding expressing opinion in public has gained criticism from the Jakarta Legal Aid Institute (LBH Jakarta). Director of LBH Jakarta Alghiffari Aqsa said freedom of expression is part of human rights. "Prohibition of December 2 acts is a setback in the reform era," he said.
Freedom of expression has been guaranteed by Article 28 paragraph (3) NRI Constitution of 1945, Article 25 of Law No. 39 of 1999 on Human Rights and Article 19 of the International Covenant on Civil and Political Rights (Act No.12 of 2015).
Meanwhile, the restriction on freedom of expression, Alghiffari said, could only be done under the Law No. 9 of 1998 concerning the expressing opinion in public concerning restrictions on demonstrations.
According to Alghiffari, the edicts contained threats to the protesters of the Aksi Bela Islam III (3rd action to defend Islam). Not only that, he thought the edicts would be a threat to democracy. "The threat to the 212 acts is considered as a threat to other civil society groups who are voicing injustice, among others farmers who are deprived from their land, the urban poor who are evicted, workers who are denied to have fair wages, fishermen who are the victims reclamation, and other marginalized groups violated, "he said, Wednesday (23/11).
The edict also mentioned the prohibition of treason against the President and Vice President, to separate from the Homeland and treason to overthrow the Government of Indonesia. Police chief confirms threat to capital punishment or imprisonment for a period of twenty years. It referred to Article 104, 106, and 107 the Code of Penal (Penal Code).
Alghiffari called this article is a chapter that has multiple interpretations or loopholes and frequently used to criminalize activists during the New Order era. "In the reform era, the clause of treason is often used to criminalize Papuan activists who are protesting," he said.
In demonstrations, Alghiffari said, it is common for the protesters to expressed dissatisfaction with the government or shouting for President and Vice President resignation or to overthrown. It would be excessive if the police apply article treason simply because the expression.
The demonstration will take place on December 2 starting at 6 am until 6 pm. It is also known as the Action 212. The Chairman of the National Movement to guard the Indonesian Council of Ulama's Fatwa (GNPF MUI) Nasir Bachtiar explained of participants will be ask to sit and dhikr along the Sudirman to MH Thamrin street. There will be no oration by political figures as the previous peaceful action.