Indonesia: peaceful protest forcefully dispersed
Event- Country
- Indonesia
- Initial Date
- Sep 28, 2023
- Event Description
The action taken by the Head of Satpol PP and Linmas of Ternate City, Fhandy Mahmud, has drawn criticism from various parties.
This followed the viral 28-minute video uploaded by the Instagram account @aksikamisanternate, on Thursday, August 28, 2023.
In the video recording, Fhandy appeared angry because he was recorded by the camera of one of the protesters.
Meanwhile, the Kamisan Action activist who recorded it said that the recording was carried out in a public space where there were no restrictions.
In this regard, Muhammad Tabrani Mutalib, a law academic at Khairun Ternate University, said that he deeply regretted the attitude of Kasatpol PP who prohibited the delivery of aspirations and prohibited the protesters from recording when they dispersed them.
This attitude, according to Tabrani, is based on the utmost ignorance of the Ternate Satpol PP Head. This is because there is no authority for Satpol PP to disperse people who gather to express their thoughts orally and in writing.
"It is a human right as well as a constitutional right of every citizen guaranteed by Article 28 of the 1945 Constitution. If that right is restricted, it means a violation of the human rights and constitutional rights of citizens," said Tabrani, Saturday, September 30, 2023.
Tabrani also questioned what was the legal basis for Satpol PP's dissolution of people gathering to express their thoughts orally and in writing.
"Only on the grounds of public order? What article is the rule? Moreover, the delivery of thoughts orally and in writing is carried out peacefully," said Tabrani.
"It is even more stupid to threaten protesters not to record themselves. There is no legal basis that prohibits people from recording official actions," he continued.
Tabrani considered that the actions of the Kasatpol PP who came to disperse the protesters were official actions, not personal, so they were not subject to recording without permission as regulated by the ITE Law.
"What is prohibited by the ITE Law is if people prohibit someone's private life and then spread it without that permission. Basic understanding like this should be understood, especially the position of Kasatpol PP," he explained.
"So this happened due to the accumulation of ignorance and lack of understanding of the rules of law by Kasatpol PP."
He said, do not because of the celebration of the arrival of the wives of regional heads in Ternate City then prohibit people from delivering demonstrations and conveying thoughts.
"The action of Kasatpol PP is against the law. The Mayor of Ternate must evaluate Kasatpol PP for the incident. so that such incidents do not happen again," he concluded.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Administrative Harassment
- Rights Concerned
- Freedom of assembly
- Freedom of expression
- Offline
- Right to Protest
- HRD
- Community-based HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Event Location
Latitude: 0.7875069521405185
Longitude: 127.39382622733712
- Event Location
- Summary for Publications
On 28 September 2023, a peaceful protest as part of the prominent Kamisan Action, was forcefully dispersed by the police led by Fhandy Mahmud, Chief of Municipal Police in Ternate, Indonesia.