How to Legally Express Your Opinion in Front of Public in Indonesia

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Bentuk Dan Cara Demonstrasi Yang Legal", "Two Italian Swimmers Caught Shoplifting, Denied Entry to Singapore", "Albania Appoints AI as "Minister"", you may read also "Get Fired for Giving a Free Lunch" and on this occasion we will discuss about 'How to Legally Express Your Opinion in Front of Public in Indonesia'.

Expressing opinions in public is a human right guaranteed by the Indonesian constitution. Article 28E paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that "Everyone has the right to freedom of association, assembly, and expression." However, this freedom is not unlimited. There are legal regulations that ensure the expression of opinions is orderly, safe, and does not violate the rights of others. Some of the legal bases are as follows:

1. Article 28E paragraph (3) of the 1945 Constitution – guarantees freedom of opinion, association, and assembly.
2. Law Number 9 of 1998 concerning Freedom of Expression in Public.
3. The Criminal Code (KUHP) – regulates the prohibition of actions that violate public order, incitement, or hate speech.
4. The Electronic Information and Transactions Law (ITE Law) (Law No. 11 of 2008 in conjunction with Law No. 19 of 2016) – regulates the expression of opinions through electronic media.

According to Law No. 9 of 1998, public expression of opinion can be carried out as follows:

1. Demonstrations;
2. Parades;
3. Public meetings;
4. Free speech.

Regarding the Legal Procedure for Expressing an Opinion so that it is legally valid, there are several steps that need to be taken into account:

1. Notification to the Police: (a). The organizer must notify the local police no later than 3 x 24 hours before the activity; (b). The notification letter contains: purpose, place, time, route, form of activity, and person in charge.
2. Comply with the Time and Place Provisions: (a). May not be carried out in the presidential palace area, places of worship, military installations, hospitals, airports/seaports, stations, terminals, and national vital objects; (b). May only be carried out between 06.00–18.00 local time.
3. Maintaining Order and Not Breaking the Law: (a). Must not carry sharp weapons or dangerous objects; (b). Must not contain hate speech, SARA, or threats of violence; (c). Must respect the rights of others, including public road users.
4. Responsibilities of Organizers and Participants: (a). The person responsible for the activity is obliged to control the course of the action; (b). If a violation of the law occurs, participants or organizers may be held criminally or civilly responsible.

When expressing opinions in public, there are principles that must be upheld. Expressing opinions in public must adhere to:

1. The principle of responsible freedom;
2. Respect the human rights of others;
3. Maintain national unity and integrity;
4. Comply with applicable laws

As a closing statement, the author would like to emphasize that expressing opinions in public is a constitutionally guaranteed right of every citizen, but its implementation must comply with the law to avoid conflict or disturbances. By understanding legal procedures, the public can express their aspirations effectively, peacefully, and within the law. And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

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References:

1. Indonesia Constitution of 1945;

2. Others relevant laws.