Freedom of Expression

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 Integrated rights and freedoms

• Hak untuk berpendapat

• Freedom of religion and beliefs
• Freedom of assembly and association
• Rights to vote and to be voted.
• Strike

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 Instruments
ü Article 19 UDHR
ü Article19 ICCPR
ü Article 28 dan Article 28 E of Indonesian
Constitution
ü Article 25 of Law No. 39/1999
ü Law No. 9/1998
ü Law No. 13/2003 (Articles137 -149)

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 Article 19 of ICCPR
(1) Everyone shall have the right to hold opinions without
interference.
(2) Everyone shall have the right to freedom of expression; this
right shall include freedom to seek, receive and impart
information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in the form
of art, or through any other media of his choice.
(3) The exercise of the rights provided for in paragraph 2 of this
article carries with it special duties and responsibilities. It
may therefore be subject to certain restrictions, but these
shall only be such as are provided by law and are
necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public
order (public order), or of public health or morals.

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 Article 25 ICCPR
Every citizen shall have the right and the opportunity,
without any of the distinctions mentioned in article
2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs,
directly or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic
elections which shall be by universal and equal
suffrage and shall be held by secret ballot,
guaranteeing the free expression of the will of the
electors;
(c) To have access, on general terms of equality, to
public service in his country
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 State Obligations
• Many State reports confine themselves to mentioning
that freedom of expression is guaranteed under the
Constitution or the law.
• Whatever form of constitution or government is in force,
the Covenant requires States to adopt such legislative
and other measures as may be necessary to ensure
that citizens have an effective opportunity to enjoy
the rights it protects. Article 25 lies at the core of
democratic government based on the consent of the
people and in conformity with the principles of the
Covenant

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 Limitations

• must be "provided by law";

• Necessary/ Penting untuk:
(a) For respect of the rights or reputations
of others;
(b) For the protection of national security
or of public order (public public),.

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 Indonesia:
Article 23 of Law No. 39/1999
(1) Everyone is free to vote and hold a political
belief/conviction.
(2) Everyone is free to hold, express, and
disseminate an opinion in accordance with
his/her belief either orally or written in printing
or electronic media by taking in consideration
religious value, decent, public order, public
interest, and the unity of Indonesia.

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 Continued

• Right to hold a political belief cannot be

restricted.
• Freedom of expression should take into
consideration religious value, decency,
public order and interest, as well as the
unity of Indonesia.

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• the Covenant recognizes and protects the
right of every citizen to take part in the
conduct of public affairs, the right to vote
and to be elected and the right to have
access to public service.

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Article 24 Law No. 39 tahun 1999
(1)Everyone has the right to peaceful
assembly and association.
(2)Every citizen or group has the right to
found a political party, non-government
organization, or other organization in order
to take part in the government or
administration of the state and nation for
the purpose of protecting and promoting
human rights, according to prevailing law.
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 Article 25 Law No. 39/1999

• Every citizen has the right to express his

opinion in public, and this includes the
right to strike, according to prevailing law.

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Right to express opinion in the public and
right to strike

§ Forms
- demonstration, parade, assembly, open discussion
Law No. 9/1998
- strike (Law on Manpower)

§ Limitation by law :
- Notification on time and place to related police
station (Law No. 9/1998)
- Notification to the employer and related institutions.
(Law on Manpower)

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