House annuls subversion law<\/p>\n
JAKARTA (JP): The House of Representatives passed on Wednesday
\na bill scrapping the draconian 1963 subversion law while
\nendorsing simultaneously another which opens the door to stricter
\nprosecution for crimes against the state.<\/p>\n
The latter bill is on the incorporation into the Criminal Code
\nof six new articles -- Articles 107a though 107f -- on acts of
\nsabotage and the spread of Marxism-Leninism.<\/p>\n
Minister of Justice Muladi said the government expected that
\nthe discarding of the 1963 law would put an end to human rights
\nviolations, which were rampant in prosecutions under the
\ndraconian law.<\/p>\n
\"It was a pliable and multi-interpretable law ... a panicky
\nregulation which was prone to human rights violations,\" Muladi
\nsaid in his speech welcoming the House approval.<\/p>\n
On its replacement, the six articles incorporated into the
\nCriminal Code include regulations on crimes that endanger
\nPancasila state ideology, on the prohibition of spreading
\nMarxism-Leninism and acts of sabotage of state or military
\ninstallations or the distribution of basic essentials.<\/p>\n
Unlike the scrapped subversion law, under which a violator
\ncould be sentenced to death, the bill stipulates a maximum 20-
\nyear prison term.<\/p>\n
Under the 1963 law, law enforcers were authorized to detain
\nviolators for a maximum of one year prior to prosecution. While
\nunder the Criminal Code Procedures -- to which prosecution under
\nthe Criminal Code must refer -- the maximum period of detention
\nprior to prosecution is 60 days.<\/p>\n
The subversion law came under fierce criticism from human
\nrights campaigners because it contained \"pliable articles\" which
\nallowed power holders to prosecute their political foes.<\/p>\n
Even the current Criminal Code, a legal product made in 1946,
\nhas in fact been criticized by many law experts, including
\nMuladi.<\/p>\n
The Criminal Code is outdated, they claim.<\/p>\n
Recently Muladi said a draft law on the Criminal Code's
\nreplacement was being updated with existing international
\nconventions.<\/p>\n
The much-talked-about bill is said to consist of more than 600
\narticles. Muladi is one of its drafters.<\/p>\n
For more than 12 years a panel of experts at the Agency for
\nthe Development of National Laws has deliberated the new Criminal
\nCode bill. In 1993, it was reportedly completed.<\/p>\n
On Wednesday, Muladi also said that another related bill, on
\nthe safety and security of the state, would be submitted next
\nweek.<\/p>\n
Rights campaigners have appealed to the public to keep an eye
\non the new bill, saying it could be a revamp of the newly
\nscrapped subversion law. (aan)<\/p>",
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