Law experts pessimistic about legal reforms<\/p>\n
JAKARTA (JP): Law experts and practitioners expressed
\npessimism yesterday that the current reform movement would bring
\nany change in the legal system or strengthen the supremacy of law
\ngiven the dominance of status quo forces.<\/p>\n
Munir, an executive of the Indonesian Legal Aid Foundation,
\nsaid President B.J. Habibie's government had yet to show a real
\ncommitment to promoting the supremacy of law and to reform the
\ncorrupt culture within the bureaucracy.<\/p>\n
\"Habibie's government has shown no substantial differences and
\nis not better than former president Soeharto's corrupt
\nadministration. They differ only in their external faces,\" he
\nsaid at a seminar on the supremacy of law yesterday.<\/p>\n
He maintained that Habibie had only made cosmetic alterations
\nand that there had been no substantial changes in the bureaucracy
\nor other state institutions.<\/p>\n
\"Judges are still subordinate to the Ministry of Justice,
\nalmost all laws which were made to support the concentration of
\npower in the hands of the president are still enforced and the
\nbureaucracy still plays a power-wielding role rather than that of
\na public servant,\" he said.<\/p>\n
Satya Arinanto, a law lecturer at the University of Indonesia,
\nconcurred and said that the law has been used by the government
\nas a tool to justify its political policies and activities.<\/p>\n
\"The law has been abused by the government to serve its
\npolitical interests. And the government is still applying the
\nsecurity approach to handle social unrest,\" he said.<\/p>\n
Sukowaluyo, former legislator of the Indonesian Democratic
\nParty, blamed the House of Representatives and Soeharto for the
\nabsence of a democratic life and supremacy of the legal system.<\/p>\n
\"Soeharto, who had absolute power, made numerous laws to serve
\nhis leadership as well as to crush his critics, while the
\nlegislative body was made barren to prevent it from applying its
\ncontrol function,\" he said, pointing out that outspoken
\nlegislators were often dismissed.<\/p>\n
Muchtar Pakpahan, chairman of the Indonesian Prosperous Labor
\nUnion, criticized the government and the Armed Forces for their
\nambiguous approach to reform.<\/p>\n
\"Despite its strong commitment to reform, the current
\ngovernment has yet to make substantial changes in the political,
\neconomic and legal fields. However the government and the
\nmilitary are preparing a bill on street protests to prevent
\npeople from taking to the streets to demand total reform,\" he
\nsaid.<\/p>\n
Munir maintained that a fair division of power among state
\ninstitutions was key to upholding the supremacy of law in a
\ndemocratic system.<\/p>\n
\"The House should be empowered to do its main tasks to ensure
\nthat the government enforces the laws and to make fair laws, and
\njudicial reviews and judges should be under the Supreme Court's
\nsupervision.<\/p>\n
\"The president's prerogative rights should be limited and the
\ngovernment should eradicate the corruption, nepotism and
\ncollusion culture in the bureaucracy. The government should also
\nstart campaigning for legal supremacy,\" he said.<\/p>\n
He said the government should forge cooperation links with
\nNGOs and mass organizations to improve people's participation in
\npolitics to help uphold democracy. (rms)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/law-experts-pessimistic-about-legal-reforms-1447893297",
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