People Are More Afraid To Express Opinion, Observer: This Is A Slap For The Government

Demonstration against the Job Creation Law in Central Jakarta, Tuesday, October 20 (Diah Ayu Wardani / VOI)

JAKARTA - The Indonesian Political Indicator Survey released on Sunday, October 25 stated that as many as 47.7 percent of respondents agreed that residents were increasingly afraid to express their opinions and 57.7 percent of respondents thought that the authorities had increasingly arbitrarily arrested those with different political views from those in power. .

Director of the Institute for Criminal Justice Reform (ICJR) Erasmus AT Napitupulu said this survey should be a slap for the government in facing demonstrations from the public.

"The Political Indicator Survey which shows that there has been a decline in the assessment of civil liberties in Indonesia and the tendency of repressive apparatus should be a slap in the face of the current Indonesian government. Due to violations of the constitution, namely Article 28I paragraph (5) of the 1945 Constitution which states guarantees for the upholding and protection of human rights. with the principle of a democratic rule of law, "Erasmus said as quoted in his written statement, Wednesday, October 28.

ICJR noted that the apparatus often carried out repressive actions and did not see the limits of their authority as regulated in legislation. One proof of this was during the Omnibus Law on the Job Creation in October 2020.

Based on data from the Security Sector Reform Coalition, Erasmus said, the police reportedly used excessive force. The police, he continued, were also considered to have made arbitrary arrests without any legal process because as of October 26, Polda Metro Jaya reported having arrested 2,667 people in 3 demonstrations against the Omnibus Law on Cipta Kerja on 8 October, 13 October and 20 October.

"From that figure, it is even known that 70 percent of those arrested are students and minors. Therefore, special treatment must be given to children in a special service room and prevention of detention and other repressive measures. It is also known that the authorities are taking excessive action against residents. , the police conducted searches, confiscated and accessed without any basis on cell phones, "he said.

Erasmus also highlighted the report from the Alliance of Independent Journalists (AJI) Indonesia, which noted that 56 journalists were victims of violence by the police while covering demonstrations from 7 October to 21 October.

"Access to legal aid is also blocked by the police. This arbitrary action is clearly not the first time this has happened, the same thing happened to the September 2019 #ReformasiDikorupsi demonstration, the last May 2019 election and many others," he explained.

So, seeing the facts above, Erasmus then urged the government and the Indonesian Parliament to accelerate the substantial improvement of criminal procedural law in Indonesia.

"The RKUHAP which is currently included in the DPR Prolegnas list for the 2020-2024 period needs to ensure a tightening of supervision, establish a strong accountability system for law enforcement institutions that carry out the investigation-prosecution process, the RKUHAP must strictly regulate a permanent ban on the use of police offices. as a place of detention and detention must be carried out at other institutions to ensure the existence of tiered supervision, "he said.

The RKUHAP, continued Erasmus, also needs to rearrange the law of evidence and types of evidence so that it no longer relies on confessions which are the root of torture. In addition, efforts need to be made to strengthen the rights of suspects and defendants, especially the right of legal assistance to ensure the provision of effective legal aid.

Not only that, he considered, Indonesia still contains repressive material laws that are against the spirit of protecting civil liberties, especially in a modern democratic climate. As for the material law, he means the ITE Law, which, although it has been revised, contains a rubber article which has led to fear among the community.

"More specifically, the regulation of insults in Article 27 paragraph (3) does not pay attention to the limitations of insulting in the Criminal Code. A state institution in August 2020 has openly used this article to frighten someone over the expression of criticism of the leadership of the institution," he said. .

Then, the Telegram Number ST / 1099 / IV / HUK.7.1 / 2020 issued by the National Police in the midst of the COVID-19 pandemic also provides space for repressive action because it contains instructions for investigators to anticipate cases of hate speech and the spread of hoaxes and cases of insulting authorities such as the President. and governments that occurred during the COVID-19 pandemic situation.

The instructions should not be used for critical expression, according to Erasmus. In practice, however, it is often used to ensnare critics who should be at the core of a democracy.

So that, reflecting on this incident, he assessed that Indonesia as a Pancasila democracy that upholds the protection of human rights must start to improve.

"Supervision of law enforcement officials must be tightened. One of them is by accelerating the substantial reform of the criminal procedural law through the reform of the Criminal Procedure Code and improving the material criminal law which contains rubber articles, the main thing is the ITE Law which continues to take victims, and creates fear in the community. It is necessary to specifically reform the body of law enforcement officers, especially the use of criminal articles such as hate speech, fake news, treason, and individual insults with the aim of silencing legitimate expressions, "he concluded.