{
    "success": true,
    "data": {
        "id": 1520250,
        "msgid": "law-stipulates-equal-treatment-1447893297",
        "date": "1997-12-15 00:00:00",
        "title": "Law stipulates equal treatment",
        "author": null,
        "source": "JP",
        "tags": null,
        "topic": null,
        "summary": "Law stipulates equal treatment By Benny Subianto JAKARTA (JP): In his article published in The Jakarta Post on Dec. 3, 1997, Irman G. Lanti argued that CIDES' proposal of affirmative action policy is not racist as I had suggested in my article published on Nov. 13 in this newspaper. I highly appreciate Irman's response as the head of the research department at the Center for Information and Development Studies, thus initiating a public debate on this serious issue.",
        "content": "<p>Law stipulates equal treatment<\/p>\n<p>By Benny Subianto<\/p>\n<p>JAKARTA (JP): In his article published in The Jakarta Post on<br>\nDec. 3, 1997, Irman G. Lanti argued that CIDES' proposal of<br>\naffirmative action policy is not racist as I had suggested in my<br>\narticle published on Nov. 13 in this newspaper.<\/p>\n<p>I highly appreciate Irman's response as the head of the<br>\nresearch department at the Center for Information and Development<br>\nStudies, thus initiating a public debate on this serious issue.<br>\nHowever, I feel that Irman has failed to respond to the substance<br>\nof CIDES' racist presumption. He commented instead on some side<br>\nissues of my article.<\/p>\n<p>CIDES' proposed affirmative action policy obviously treats<br>\nIndonesian citizens of Chinese descent in a different way from<br>\nother Indonesian citizens, particularly in business preference.<br>\nThree out of four points of CIDES' policy recommendations<br>\nstipulate that the government should favor Indonesian<br>\nbusinesspeople.<\/p>\n<p>Apparently, CIDES presumes that Indonesians of Chinese descent<br>\ncontrol the Indonesian economy and, therefore, restricting the<br>\nbusinesses of those of Chinese descent will create social justice<br>\nand lessen economic disparity.<\/p>\n<p>Regretfully, CIDES' good intention to strengthen the position<br>\nof Indonesian businessmen is based on racial lines instead of<br>\neconomic ones. Indeed, the racial category often overlaps the<br>\neconomic category, however, disparity and social justice are more<br>\neconomic and political problems rather than racial and ethnic<br>\nones.<\/p>\n<p>Apparently, CIDES categorizes the actors of the Indonesian<br>\neconomy into two categories: Indonesians and Indonesians of<br>\nChinese descent. What is the basis of such categorization?<\/p>\n<p>Neither the Indonesian Constitution nor laws distinguish<br>\nbetween the two categories. However, some government regulations,<br>\nunofficial and unstated regulations, treat those of Chinese<br>\ndescent unequally compared to their fellow Indonesians. Many<br>\nbelieve that such regulations should be abandoned, since they<br>\nobviously violate the Constitution, laws, and human rights.<\/p>\n<p>Furthermore, Irman argues that \"Accumulation of economic<br>\nresources within such as small group is dangerous because the<br>\ngroup then has tremendous governance leverage and possesses the<br>\nability to disrupt the whole economy. Hence without regard to any<br>\nspecific group, this structure is perilous, undesirable, and<br>\ncritically needs to be corrected.\"<\/p>\n<p>It is understandable that Irman is worried about the<br>\n\"domination\" of the tycoons of Chinese descent in the Indonesian<br>\neconomy, and that this might create social injustice.<\/p>\n<p>Recently, Kwik Kian Gie, a critical economist, was questioned<br>\nabout such \"domination\". He argued that many Indonesian business<br>\npeople are actually behind the Chinese tycoons' companies.<\/p>\n<p>Even more, some Chinese businessmen are actually the operators<br>\nof businesses and companies belonging to Indonesians. At the same<br>\ntime he wonders why people still question the relations between<br>\nthose of Chinese descent and Indonesian businesses (Merdeka, Nov.<br>\n23, 1997).<\/p>\n<p>There is no doubt that CIDES' policy recommendation which aims<br>\nat promoting social justice and lessening economic disparity must<br>\nbe welcomed and supported. Social justice, however, must be<br>\napplied to all Indonesians. In this regard, it would make more<br>\nsense if CIDES' proposed affirmative action policy were favorable<br>\nto the underdog and underprivileged groups in the society<br>\nregardless their origins, race, ethnicity, religion, belief and<br>\ncustoms.<\/p>\n<p>Such a policy will automatically restrict the opportunity of<br>\nthose of Chinese descent in business, since they have enjoyed<br>\nprivileges and favoritism from the government for a long period.<\/p>\n<p>If CIDES' policy recommendation is implemented, to what sort<br>\nof Indonesian businessman will the government's favor go? It<br>\nmight go to the small and underprivileged businessmen, but at the<br>\nsame time it might go to influential businesspeople who have<br>\nenormous leverage with the political elite.<\/p>\n<p>Even worse, some of those of Chinese descent might name<br>\nIndonesians as the \"official owner\" of the company they control.<br>\nSuch practice is widely known as \"Ali Baba\" and was quite common<br>\nduring the Benteng Politics in the 1950s.<\/p>\n<p>Unfortunately, CIDES launched the affirmative action policy at<br>\nan inappropriate time since Indonesia is facing a serious<br>\nmonetary crisis. This implies that government intervention should<br>\nbe reduced.<\/p>\n<p>On the other hand, one of CIDES' proposals was that the<br>\ngovernment  provide huge tracts of land to Indonesian developers<br>\ninstead of the ones of Chinese descent. This might sound good,<br>\nbut at the same time we realize that the property sector is in<br>\nserious trouble, so the government should provide tracts of land<br>\nto any businesspeople who have a feasible project and are capable<br>\nin terms of business.<\/p>\n<p>A policy recommendation which clearly takes the side of the<br>\nunderprivileged will be more effective in creating social justice<br>\nand lessening disparity. At the same time it should be far from<br>\nracist, and guarantee that facilities and privileges will go to<br>\nthose who deserve them.<\/p>\n<p>Based on CIDES' research, Irman argued that economic disparity<br>\nbetween Indonesians and those of Chinese descent was one of the<br>\nmost compelling reasons behind the recent riots. Such an argument<br>\nis still debatable. Nevertheless, as I suggested in my previous<br>\narticle, economic disparity has no direct causal relation with<br>\nthe riots which rocked many parts of this country in the last few<br>\nyears, it is just a factor of precondition.<\/p>\n<p>Findings from field research on the riots in Tasikmalaya and<br>\nRengasdengklok which was conducted a few weeks after the riots<br>\nbroke out, showed that although economic disparity was actually<br>\npresent in the two small towns, the people attacking the Chinese<br>\nhouses, shops, temples and churches were far from thinking about<br>\nthat disparity.<\/p>\n<p>Both victims and rioters of the Rengasdengklok asserted that<br>\ndisparity has existed since the colonial period. They also argued<br>\nthat economic disparity is present in many parts of the world.<\/p>\n<p>CIDES seems to exaggerate the disparity as the prime cause of<br>\nthe riots. In addition, if CIDES' hypothesis is right, more riots<br>\nwould have occurred in Jakarta, since disparity in the city is<br>\nwider than any other place in this country.<\/p>\n<p>Putting it in another way, more riots would have broken out in<br>\nthe late 1970s and 1980s when disparity was wider than now in the<br>\n1990s.<\/p>\n<p>Research on the recent riots suggests that the lack of a<br>\npolitical outlet to channel people's aspirations is a significant<br>\nreason why people resort to attacking other people. Violence has<br>\nbeen the only way to express political dissatisfaction and<br>\nfrustration or in solving social conflict.<\/p>\n<p>At the same time, people (the rioters) no longer trust the<br>\nstate apparatus who are supposed to handle conflicts. This can be<br>\ntraced back to some attacks against police, military, and<br>\ngovernment offices, at least over the last two years.<\/p>\n<p>The Chinese and other minority groups become the intermediate<br>\ntarget of the riots simply because of their vulnerability in<br>\npolitics. Based on field research, there is no convincing<br>\nfindings which prove that the rioters attacked the victims<br>\nbecause of their racial, ethnic, or religious sentiment.<\/p>\n<p>On the other hand, a feeling of injustice is a compelling<br>\nreason for causing people's anger to boil over. This apparently<br>\nsuggests that any solution based on social justice is more<br>\nappropriate than one based on a racial line.<\/p>\n<p>Concerning people's lack of trust in the state apparatus, it<br>\nis pertinent to think of ways to make civil servants more<br>\nrespected and trusted by the people. One possibility is to<br>\nprovide them with a decent salary which will enable them to<br>\nsurvive without engaging in corruption and collusion.<\/p>\n<p>If the state apparatus works well, is impartial and all<br>\ncitizens are treated equally, the practice of collusion committed<br>\nby those of Chinese descent will lessen. At the same time<br>\ngovernment favor to the underprivileged will produce social<br>\njustice among the people.<\/p>\n<p>Racial relations are a problem in Indonesia. Such racial<br>\nrelations problems often relate and overlap with economic and<br>\nsocial justice issues, however, we should avoid confusing the two<br>\ncategories in our analysis.<\/p>\n<p>It is commonly agreed that economic problems cannot be solved<br>\nthrough a racial approach, and the other way round. CIDES' good<br>\nintention should be welcomed, but at the same time we should<br>\nstick to the idea that all citizens should be treated equally.<\/p>\n<p>The writer is an observer of political affairs based in<br>\nJakarta.<\/p>",
        "url": "https:\/\/jawawa.id\/newsitem\/law-stipulates-equal-treatment-1447893297",
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    "sponsor": "Okusi Associates",
    "sponsor_url": "https:\/\/okusiassociates.com"
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