Critics agree that law on subversion tough to revoke<\/p>\n
JAKARTA (JP): "Let's be realistic", legal expert Loebby Loqman
\nsaid when asked if the controversial subversion law would be
\nrevoked.<\/p>\n
"I'm not pessimistic or optimistic, but I doubt if it will
\nhappen in the near future," he told The Jakarta Post on Saturday.<\/p>\n
Loebby, a law professor at the University of Indonesia, was
\ncommenting on the National Commission on Human Rights' proposal
\nto revoke the law, which it feels could be interpreted to
\nencourage the violation of human rights.<\/p>\n
After reviewing the law for more than a year, the commission
\nconcluded that the law contradicts the universal norms of human
\nrights and is incompatible with the Criminal Code.<\/p>\n
The law, for example, allows the Attorney General's Office to
\ndetain for up to a year anyone suspected of plotting against the
\ngovernment. The Criminal Code allows detention for 20 to 40 days.<\/p>\n
Debate of the proposal has split into two camps. A number of
\nlegal experts as well as legislators support doing away with the
\nlaw, which the government passed in 1963 without House approval.<\/p>\n
In the opposing camp, government officials and members of the
\nruling Golkar cite the law's protection of the state ideology
\nPancasila. Relying on the Criminal Code, they say, is not enough
\nbecause it requires evidence.<\/p>\n
"If we have to wait for proof, we would have to wait until the
\ncountry was destroyed," Attorney General Singgih said recently.<\/p>\n
Sudomo, chief of the Supreme Advisory Council, opposes the
\nproposal, saying without it the country would not have any other
\nmeans of coping with threats of subversion.<\/p>\n
Other proponents of the law, such as Golkar legislator
\nSoesanto Bangoennagoro, say the proposal is unnecessary because
\nthe Soeharto government rarely applies the law and that arbitrary
\narrests are not made.<\/p>\n
The maximum penalty of death, as the law mandates, is still
\nrelevant, he said, adding that even the United States has similar
\nlaws.<\/p>\n
Muladi and Charles Himawan, both members of the human rights
\nbody, continued with the campaign over the weekend, calling for
\nthe abolition of the law.<\/p>\n
Himawan said revocation will produce many gains legally and
\ndiplomatically.<\/p>\n
"By scrapping the law, Indonesia will improve its image in the
\ninternational forum," he told the Post. Many anti-Indonesian
\ngovernment campaigners have criticized the country's human rights
\nrecord because of the existence of the law, he added.<\/p>\n
There are domestic benefits to be gained as well. "Our people
\nneed peace of mind in order to develop (the country) which can be
\nprovided by abolishing the law," said Himawan.<\/p>\n
Muladi said the law is no longer relevant and runs counter to
\nthe public's demand for democratization. "If the law is
\nmaintained, I'm afraid there will be more violations of human
\nrights."<\/p>\n
Muladi also said that the law is a reflection of
\n"over-criminalization". "The law is not proportional because it
\ncreates greater leeway for violation of human rights than for its
\nprotection," said the professor of law from Diponegoro University
\nin Semarang.<\/p>\n
Muladi, however, is optimistic that the government will heed
\nthe calls for change. A compromise might have to be sought to
\nsatisfy all parties, he said.<\/p>\n
Instead of being revoked, the law could be revised or
\nsupplemented with the various international legal instruments to
\nprotect human rights, he said.<\/p>\n
Soesanto is one supporter of revising the law, adding that the
\nlaw's chapters on economic crimes should be dropped because they
\nare no longer relevant in today's global economy.<\/p>\n
Soesanto was Indonesia's first prosecutor to successfully
\ndemand the death penalty for a man charged with subverting the
\nstate economy in 1964.<\/p>\n
Loebby and Muladi also believe the Criminal Code should be
\nrevised. The existing Criminal Code, Loebby said, adequately
\ndeals with the activities of underground organizations or
\nattempts on the President's life.<\/p>\n
"But there is always room for improvement," Loebby said,
\nadding that the government is likely to replace the law before
\nrevoking it.<\/p>\n
Himawan said he remains optimistic the government will
\neventually revoke the law. "If the argument is that (political
\ncrimes such as subversion) are not covered by other laws, it's
\nnot true," he said. (swe\/har)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/critics-agree-that-law-on-subversion-tough-to-revoke-1447893297",
"image": ""
},
"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
}