LBH faces litmus test of democracy<\/p>\n
By T. Sima Gunawan<\/p>\n
JAKARTA (JP): It is always easier to say something than to
\nactually do it.<\/p>\n
The Indonesian Legal Aid Foundation (YLBHI), which continually
\nunderlines the need for democracy, is facing strong criticism for
\nbeing "undemocratic".<\/p>\n
Earlier this week a group of youths staged a demonstration at
\nthe foundation's headquarters on Jl. Diponegoro 74, Central
\nJakarta, to protest the appointment of the new director of the
\nYogyakarta branch of the Legal Aid Institution (LBH).<\/p>\n
LBH Yogyakarta recently held a preliminary round for the
\nelection of its new director. There were two candidates: Ari
\nSuseta and Budi Hartono, who respectively got six and four votes.<\/p>\n
YLBHI, which coordinates and supervises the 13 LBH offices in
\n13 provinces throughout the country and therefore had the final
\nsay, decided to appoint Budi Hartono as the director of LBH
\nYogyakarta.<\/p>\n
YLBHI's board of trustees is scheduled to hold a meeting to
\ndiscuss the matter.<\/p>\n
This week's demonstration was not the first against YLBHI. Two
\nyears ago, armed with hard-hitting posters, a number of young
\npeople "stormed" the YLBHI office, demanding democracy in the
\nelection of the foundation's executive board's new chairperson.
\n"Democracy must start from oneself," one of the posters read. The
\nprotesters were not LBH lawyers or employees, but were protesting
\nbecause they felt that LBH belonged to people.<\/p>\n
The election process was postponed for a more than a month
\nbecause of the protest.<\/p>\n
The person later elected to lead YLBHI for the period of 1993-
\n1996 was one of its founding fathers: Adnan Buyung Nasution.
\nHarjono Tjitrosoebono, chairman of the Indonesian Bar
\nAssociation, was elected as chairman of YLBHI's board of
\ntrustees.<\/p>\n
Buyung was the first director of LBH Jakarta and held the post
\nfrom 1970 to 1980. He was also the first chairman of YLBHI's
\nexecutive board, from 1980 to 1983. He was replaced by Todung
\nMulya Lubis for the next three years. Abdul Hakim Garuda
\nNusantara held the post from 1986 to 1993.<\/p>\n
In 1993 Buyung was re-elected to become the chairman of
\nYLBHI's executive board. As a YLBHI pioneer, Buyung was also
\nexpected to deal with the internal conflicts which were rocking
\nthe organization.<\/p>\n
"Protests and demonstrations concerning the election of new
\nLBH or YLBHI executives is not uncommon," Abdul Rachman Saleh, a
\ndirector of LBH Jakarta from 1981 to 1984, said.<\/p>\n
In 1984, prior to the election of a new director of LBH
\nJakarta to replace Saleh, there was a demonstration to demand
\nopenness and democracy in the election process.<\/p>\n
"A lawyer locked the gate of the LBH premises in protest of
\nthe election process," Saleh said.<\/p>\n
As a foundation, YLBHI has rigid regulations, which allows the
\nboard of trustees to hold closed meetings in the election of LBH
\nand YLBHI executives. YLBHI's board of trustees has total power
\nto appoint a new chairman, which is in accordance with the
\nstatute of YLBHI as a foundation, Saleh said.<\/p>\n
"It is time to change the status of YLBHI from a foundation to
\na mass organization to give more room for democracy," Saleh told
\nThe Jakarta Post.<\/p>\n
LBH was established on Oct. 28, 1970, to provide free legal
\naid to poor people in need of justice and to improve the public's
\nlegal awareness. The setting up of LBH was proposed by Buyung in
\nthe third congress of the Association of Indonesian Advocates in
\nJakarta in 1969.<\/p>\n
The then Jakarta governor Ali Sadikin wholeheartedly backed
\nLBH and provided financial support for the organization. The
\nfinancial aid was stopped 10 years later and LBH now depends much
\non foreign aid.<\/p>\n
Largest<\/p>\n
Under Buyung's leadership, LBH grew bigger and stronger.<\/p>\n
LBH is one of the largest non-governmental organizations in
\nIndonesia. Now and then, however, there are internal conflicts
\nwhich disrupt the organization.<\/p>\n
The conflicts within LBH has not only weakened the
\norganization but has also tarnished the image of LBH, according
\nto Teguh Samudra, who was an LBH lawyer from 1980 to 1984. LBH
\nwas stronger and much better in the past, when all lawyers worked
\nin harmony and were strongly committed in their struggle against
\ninjustice, he said.<\/p>\n
In 1993, YLBHI's board of trustees asked Buyung to chair
\nYLBHI's executive board as he was considered the most capable
\nperson to handle LBH.<\/p>\n
At the beginning Buyung, who was in the Netherlands from 1988
\nto 1992 to attain his doctorate at Utrecht University, was
\nreluctant to take the post. But he later agreed as he saw that
\nLBH was "in crisis."<\/p>\n
Mass media reported last month that Buyung had decided to
\nresign. He said he was tied up in the internal condition of LBH,
\nwhich made it difficult for him to develop.<\/p>\n
But he said that he would continue backing LBH in its efforts
\nto promote democracy in the country.<\/p>\n
Many people regret Buyung's decision to resign before his term
\nof office is over as they feel that LBH needs him a great deal.
\nBut Teguh said there was no point in begging him to stay, saying
\nthat LBH cannot depend on him all the time.<\/p>\n
He blamed YLBHI's board of trustees for its failure to
\nstrengthen the leadership in LBH and "create" other Buyungs.<\/p>\n
Although Buyung has not formally announced his resignation,
\npeople have started talking about a successor. Some say that the
\ndeputy chairwoman of the YLBHI executive board, Amartiwi Saleh,
\nshould automatically take Buyung's place until his term of office
\nends next year. But others, including Buyung, disagree. They have
\nproposed several nominees, including Luhut MP Pangaribuan,
\ndirector of LBH Jakarta, YLBHI executives Mulyana W. Kusumah,
\nHendardi and Mas Achmad Santosa, and former director of LBH
\nSurabaya M. Zaidun, to step into Buyung's shoes.<\/p>\n
Surprisingly, Buyung has suggested Zulkarnaen for the
\nposition, the executive director of the Indonesian Forum for
\nEnvironment (Walhi). This has gotten strong reactions from those
\nwho do not like the idea of LBH being managed by an "outsider."<\/p>\n
Chairman of YLBHI's board of trustees, Harjono Tjitrosoebeno,
\nsaid that personally he would not mind if the new YLBHI leader
\nwas an outsider as long as he or she were committed to the
\norganization. He also said that it was not necessary for him or
\nher to have a law degree.<\/p>\n
In an effort to find the right person to fill the vacancy,
\nHarjono suggested a public debate for all candidates.<\/p>\n
Further discussions about Buyung's resignation, his
\nreplacement, and how to elect a successor, are still underway.
\nThis will be a test case for YLBHI in the implementation of
\ndemocracy.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/lbh-faces-litmus-test-of-democracy-1447893297",
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