Jakarta – The Jakarta Legal Aid Foundation (LBH) along with several legal institutions have submitted a request for a judicial review with the Constitutional Court against Law Number 4/PNPS/1963 dated April 23, 1963, on the securing of printed materials whose contents could disturb public order. The request was submitted in relation to the banning of two books by the Attorney General’s Office (AGO).

This was revealed by LBH Jakarta Director Nurkholis in Jakarta on Monday March 8. “LBH Jakarta, the Commission for Missing Persons and Victims of Violence (Kontras), the Community Legal Aid Institute (LBH Masyarakat), the Institute for Public Research and Advocacy (Elsam) and the Legal Aid Institute for the Press (LBH Pers) have submitted a request for a judicial review with the Constitutional Court against Law Number 4/PNPS/1963,” he said.

According to Nurkholis, the judicial review request is related to the banning of two books by the AGO in 2009. The two books are Dalih Pembunuhan Massal Gerakan 30 September dan Kudeta Soeharto (Pretext for Mass Murder: The September 30th Movement and Soeharto’s Coup d’Etat in Indonesia) by John Roosa and Lekra Tak Pernah Membakar Buku: Suara Senyap Lembar Kebudayaan Harian Rakjat 1950-1965 (Lekra Never Burns Books, Harian Rakjat’s Cultural Page’s Silent Voice 1950-1965) by Roma Dwi Aria Yuliantri and Muhidin M. Dahlan published by Merahkesumba.

Nurkholis explained that the provisions on book bannings are no longer relevant today and contradict the provisions of the 1945 Constitution. “Law Number 4/PNPS/1963 conflicts with the principles of a constitutional and democratic state as guaranteed by the constitution,” he said.

According to Nurkholis, Law Number 4/PNPS/1963 was enacted when the Indonesian democratic system practiced guided democracy, was under a state of emergency and was provisional in character. “It is no longer relevant to use the provisions today to restrict the freedom of expression”, he said. (FER)

[Translated by James Balowski.]