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Jakarta, CNN Indonesia –
The alliance of civil society organizations considered that the Declaration of the Chief of Police on the fulfillment of the prohibition of activities, the use of symbols and attributes and the termination of the activities of the FPI violates the constitution and restricts human rights.
“Although the statement is basically a technical tool to implement policy, some of its materials have sparked controversy and debate, especially in terms of limiting human rights,” YLBHI president for the promotion, Muhamad Isnur, said in his official statement, the Saturday (2/1).
Several organizations that signed this official statement included YLBHI, KontraS, LBH Pers, the advocacy organization ELSAM.
Some of the edict substances highlighted include a ban on accessing, uploading and disseminating FPI-related content.
According to Isnur, access to Internet content is the right to information protected by the 1945 Constitution and a series of laws and regulations, such as article 14 of Law No. 39/1999 on Human Rights.
“Therefore, when carrying out any restrictive measure on these rights, one must fully comply with the principles and rules of limitation, as regulated in article 28J paragraph (2) of the 1945 Constitution,” said Isnur.
Isnur explained that there are at least three conditions to guarantee the legitimacy of the restriction policy, known as three-part test (three-item test).
First, it is regulated by law (prescribed by law) must pass through a law or a judicial decision. Second, to achieve a legitimate goal (leducational objective) and finally, the constraints are absolutely necessary (need) and carried out proportionally (proportionality).
Isnur evaluated the three principles to ensure that there are no violations of the human rights of citizens in any restriction.
“Referring to General Comment No. 34/2011 on Freedom of Expression, the general protection of rights guaranteed by the provisions of Article 19 of the KIHSP, also fully covers the content that uses the Internet medium, including in terms of restrictions “, said.
Furthermore, Isnur said that the 2012 Human Rights Council Resolution 20/8 emphasized that protecting the rights of all people is inherent when they are online. This protection, he said, is particularly related to freedom of expression, which applies regardless of the limits or means chosen.
“The resolution was subsequently strengthened with the issuance of Resolution 73/27 of the UN General Assembly, in 2018, which recalled the importance of respecting human rights and basic freedoms in the use of information technology and communications, “he said.
Not only that, Isnur also criticized the Police Information Chief’s policy which is only based on SKB 8 Minister / Head of Government Institutions Only, far from the requirements set by law.
SKB, he said, is basically a decision-making determination, so the rules load is individual, concrete, and once completed.
“It should not be external, broad and continuous (permanent). This means that this announcement should only be addressed to members of the Police, containing an order from the Chief of Police. The legal platform does not allow to regulate material that contains prohibitions or restrictions on public rights ”, said Isnur.
Isnur then urged the Police to update the Information or revoke the provision of point 2d. It is intended to ensure that all legal actions taken are in line with the general principles of the rule of law and human rights.
This includes being consistent with the Regulation of the Chief of the National Police Number 8 of 2009 on the Implementation of Human Rights Principles and Standards in the Implementation of Police Duties.
“This nation certainly does not want to go back to being a closed nation, which strictly and arbitrarily regulates the information accessible to its citizens,” Isnur said.
(rzr / vws)
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