Legal changes needed in new era<\/p>\n
By Mulyana W. Kusumah<\/p>\n
JAKARTA (JP): Soeharto's obsession with political stability is
\nreflected in the current laws on politics.<\/p>\n
The result is an array of the People's Consultative Assembly
\n(MPR) decrees and legislation tailored to maintain political
\nstability, but failing to abide by the people's sovereignty.<\/p>\n
These legal instruments, while serving their master well, had
\nan adverse effect on political attitude, structure and culture.
\nWith the lapse of time, the bureaucratic authoritarian regime
\nbecame increasingly stronger and democratic institutions not only
\nlost their function but also changed their roles to complement
\nthe regime's power.<\/p>\n
Now that Soeharto has resigned, the pressure for democratic
\nreform has become stronger. Such a change has become a historical
\nnecessity.<\/p>\n
In this context it is absolutely necessary to have legal
\nreform with the following priorities:<\/p>\n
First, the revocation or at least a review of a number of MPR
\ndecrees of which the spirit and the contents are contrary to the
\nobjectives of democratic reform.<\/p>\n
Apart from the necessity to change MPR decrees, the revocation
\nof a number of MPR decrees is also required.<\/p>\n
For example, MPR decree No. III\/1998 on general elections
\nneeds to be renewed immediately. By doing so we can accomplish a
\nnumber of things, including clearly determine the function of
\ndemocratic elections, organizers and supervisors, and recognize
\nmonitoring agencies and expand the number of political parties.<\/p>\n
Also, the number of appointed MPR members as well as House of
\nRepresentatives members can be put at a minimum, like for
\nexample, 10 percent of a total of 1,000 members.<\/p>\n
Second, the enactment of a number of basic laws enshrining
\narticles of the 1945 Constitution for a reference to the making
\nof laws for political and economic democratization.<\/p>\n
There is a need to make more enlightening basic laws on the
\nfreedom to associate, to assemble and of expression based on the
\nConstitution as a basis to enact new laws on political parties,
\nmass organizations, NGOs, general elections, the press,
\nbroadcasting.<\/p>\n
As a juridical reference for economic democratization, there
\nis a need to elaborate Article 33 of the Constitution as a basis
\nfor the making of a number of laws, like on antimonopoly,
\ncooperatives, the protection of small-scale businesses and
\nothers.<\/p>\n
Third, the revocation of a number of legislative products
\nwhich have become tools of repression and restrict the freedom to
\nassociate, assemble and of expression, like Law No.11\/PNPS\/1963
\non subversion, Law No.5\/PNPS\/1963 on political activities and
\nvarious articles of the penal code like the articles on
\nantigovernment offenses (haatzaai artikelen).<\/p>\n
No less important is the revocation of a number of
\npresidential decrees made on the basis of the President's extra-
\nconstitutional power, like the presidential decree on the
\nestablishment of the Agency for the Coordination of Support for
\nthe Development of National Stability (Bakorstanas), an
\nextrajudicial institution that plays a very decisive role in
\npolitical life and security approach implementation.<\/p>\n
Fourth, the establishment of basic laws on state institutions,
\nwhich are the basis for the law on the composition and position
\nof the MPR\/DPR, the law on the presidential institution (that
\nregulates the president's domain of authority and accountability,
\nalso term of office) and others.<\/p>\n
Fifth, the making of new laws to ratify a number of
\ninternational instruments with a high level of universality
\n(already ratified by more than 100 countries) like, among others,
\nthe antitorture convention.<\/p>\n
The MPR extraordinary session to be held either at the end of
\nthis year or early next year, should also ask for Soeharto's
\naccountability in addition to revoking the two MPR decrees on the
\nformer president and the former vice president.<\/p>\n
Another priority to be tackled by the extraordinary session
\nshould be the establishment of the principles for the
\nimplementation of Article 28 of the Constitution as a basis for
\npolitical development, and at the same time a revision of the
\n1998 State Policy Guidelines.<\/p>\n
The writer is a lecturer at the School of Sociopolitical
\nScience, University of Indonesia, and secretary-general of the
\nIndependent Election Monitoring Committee (KIPP).<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/legal-changes-needed-in-new-era-1447893297",
"image": ""
},
"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
}