Stop Creating More Noise

KOMPAS/TOTOK WIJAYANTO

Representatives from the national association of independent poultry farmers protest on Tuesday (3/05/2019) at Merdeka Palace, Central Jakarta. The farmers called for government protection to prevent the continuing decline in the price of live chicken. The price of live chicken was Rp 19,000 per kilogram last October, but had fallen to Rp 17,373 per kg by February 2019.

The political situation across the nation is heating up ahead of Election Day 2019. It is becoming more and more difficult for law enforcement and security personnel to assert their roles.

If security forces enforce the law and maintain public order and security proactively, they can be seen as meddling in the government’s political interests; if they neglect allegations of legal violations, however, they can be seen as slow and improper in carrying out their responsibilities.

The latest incident to place law enforcement in a difficult position was the arrest of human rights activist Robertus Robet. The lecturer of Jakarta State University (UNJ) was alleged to have insulted the Indonesian Military (TNI) during his speech at the Kamisan (Thursdays) weekly rally at the Presidential Palace on Feb. 28, 2019. A recording of Robertus’ speech revealed that he sang a parody of the Armed Forces (ABRI) march, which dates from before the military was rename TNI. The parodic song was often sung during the 1998 student protests that led to the downfall of Soeharto and the start of the Reform Era.

No ban exists that prohibits Robertus or any other citizen from expressing their opinions. This is guaranteed clearly in Article 28E, Point (3) of the 1945 Constitution, which stipulates: “Every person has the right to freedom of association, assembly and expression.” Law No. 9/1998 on Civil Liberties reinforces this.

We understand that several institutions have protested Robertus’ arrest for his Kamisan speech. Furthermore, the material that was deemed insulting is commonplace. However, we also understand why the police arrested, questioned and named Robertus as a suspect, because he might have broken some rules and some people felt harmed by his actions. The police are there to protect the people.

Article 207 of the Criminal Code (KUHP) reaffirms that those who publicly defame the government and state institutions, either verbally or in writing, can face 18 months’ imprisonment or be fined up to Rp 4,500 (31 US cents). Law No. 9/1998 stipulates that civil liberties must be exercised with respect for other people’s rights, social mores, prevailing regulations and public order and security. Robertus said he never intended to insult the TNI, and apologized for his actions. The police let him go.

There are several rules that can cause a dilemma for law enforcement and could deny the people’s right to freedom of expression, such as Law No. 19/2016 on electronic information and transactions. Our maturity in approaching state affairs can reduce turmoil and tensions in national politics.

Empan papan, as the old Javanese saying goes: No matter who we are, we need to know our place to prevent any further turmoil ahead of the election.