High School/vocational Students Have The Right To Convey Opinions Through Demonstration, Facilitation & Protect Not Blocked & Arrested

Photo illustration. (Doc. Pexels)

The demonstration of mushrooming in several cities today is a form of public reaction to the DPR's attempt to thwart the Constitutional Court's decision Number 60/PUU-XXII/2024 and 70/PUU-XXII/2024. This action is the peak of public anger over the series of democratic destruction practices carried out by the authorities.

The actions that occurred in a number of cities were attended by a number of elements of society, including students. However, a number of students who took part in the action were suspected of being abused by officers. "SMA/SMK Teachers Have the Right to Express Their Opinions Through Demonstration, they have the right to get protection when conducting demonstrations, it is the duty of the apparatus, not being hindered and arrested as if they have committed a crime", said Heru Purnomo, Secretary General of FSGI.

FSGI : Students Demonstration Is Not A Crime, Children Must Be Protected

According to Law no. 39 of 1999 concerning Human Rights (HAM), every child has the right to protection from parents, family, society, and state. Children's rights are human rights and are recognized and protected by law.

According to Law No. 35 of 2014 concerning Child Protection in Article 15 it is stated that every child has the right to get protection from abuse in political activities, involvement that contains elements of violence and is involved in war.

Meanwhile, Article 16 paragraph states: paragraph (1) that children must receive protection from torture, torture and inhumane punishment.; paragraph (2) Children are also required to obtain freedom ; and paragraph (3) Regarding the arrest and detention of children as long as they must comply with the law.

Therefore, schools and educational agencies throughout Indonesia should understand the situation if students who are at the SMA/SMK level have been able to analyze the condition of their nation and maturely psychologically, high school/vocational students have been able to make decisions on themselves, including if they want to express their opinions through demonstrations.

Article 28 of the 1945 Constitution states that: The independence of association and assembly, issuing thoughts orally, and so on is stipulated by law. Therefore, as guaranteed in the Constitution of the Republic of Indonesia, students also have the right to express opinions in the form of demonstrations. So, when students who take part in demonstrations are sanctioned by the school, it is a form of violation of the Law on Human Rights, the Law on Child Protection and violations of the constitution.

If the prohibition of political participation against students on the grounds of protecting the safety of those who are still children from possible injuries or victims if there are riots during a demonstration, then give them room to express their political attitude in a safe place, namely the schoolyard. This is part of political education for students.

"Schools can facilitate students to express opinions by demonstrations in the school environment as part of a healthy political education. So, demonstrations can be carried out in the school grounds by preparing a speech pulpit to convey aspirations. Then it is permissible to submit a written petition to State Institutions, schools facilitate delivery, "said Retno Listyarti, Chair of the FSGI Expert Council.

FSGI Recommendations

1. FSGI asks law enforcement officials not to commit violence against the mass of action, especially if they are still minors like students. Every violence and repression of the apparatus is a form of violation of the law and criminal acts and violates the police code of ethics.

2. FSGI calls on law enforcement officials to protect action participants who are still students as guaranteed in the Child Protection Law. Given that many incidents of arresting students who are heading to the location of the action often occur in every major demonstration, when caught they also experience actions that demean humanity, such as being naked and dried up. In the big 2019 demonstration, KPAI received reports from various regions, where hundreds of students who wanted to take part in the demonstration were arrested before arriving at the location, not infrequently threatened not to get a SKCK and still get sanctions from the school.

3. FSGI reminded the police to act on the mass action in accordance with the regulations of the National Police Chief Number 1 of 2009 it is clear that the police must not be provoked, must not be arrogant, must not commit violence even when the crowd situation is out of control.

4. FSGI urges the examination of students who are still children who were arrested for allegedly committing violence against officers to be examined by investigators at the Directorate of PPA Polres or Polda accompanied by their parents as stipulated in the applicable laws and regulations.

5. FSGI urges KPAI and KPPPA to immediately step down to monitor in the field as well as at Police Offices under Polda Metro Jaya to ensure protection and handling in accordance with statutory regulations for action participants who are still children.