Lubis still committed to rights agenda<\/p>\n
By T. Sima Gunawan<\/p>\n
JAKARTA (JP): Ask any American about the significance of July
\n4, and the answer will be: American Independence Day. But ask
\nTodung Mulya Lubis the same question and he'll say: It's my
\nbirthday.<\/p>\n
Lubis was born on July 4, 1949 in Muara Botung, North
\nSumatra. After completing high school in Medan in 1968, he went
\nto the University of Indonesia (UI), in Jakarta, and graduated
\nfrom the university's School of Law in 1974. He also studied at
\nthe Institute of American and International Law, the University
\nof California at Berkeley's Boalt Law School and Harvard Law
\nSchool.<\/p>\n
He was a member of UI's School of Law from 1978 to 1985 and
\nthe University of Padjadjaran School of Law in Bandung from 1982
\nto 1985. He was forced to resign in 1986 due to his active
\nparticipation in defending political prisoners. In 1991 he
\nrejoined UI as a part-time lecturer on human rights. He was a
\nvisiting scholar at the Boalt Law School from 1978 to 1979.<\/p>\n
In 1971 he joined the Legal Aid Institute (LBH) as an intern.
\nBetween 1979 and 1985 he chaired the Jakarta chapter of LBH. He
\nwas also chairman of YLBHI, an umbrella group for LBH offices
\nacross the country. He helped found the Center for Human Rights
\nStudies in 1992 and is currently the center's chairman.<\/p>\n
Among the important cases he handled along with other
\nprominent lawyers regarded H.R. Dharsono, a former ASEAN
\nsecretary-general who was convicted of subversion in 1986. In
\n1922 he helped the banned Prioritas daily with its judicial
\nreview case. He was a co-lawyer for Tempo, whose publishing
\nlicense was revoked by the government in 1994.<\/p>\n
In 1991, after he got his master's degree from Berkeley, he
\nset up his own law firm, Mulya Lubis and Partners, which appears
\nto have enjoyed a robust business. On Friday night, the name of
\nthe law firm was officially changed to Lubis, Santosa & Maulana
\nafter Mulya Lubis, Lelyana Santosa and Insan Budi Maulana.<\/p>\n
Lubis and his wife Damiyati Sundoro have two children.<\/p>\n
He shared his thoughts in an interview with The Jakarta Post
\nlast week.<\/p>\n
Question: You used to deal a lot with human rights issues. How
\ninvolved are you now?<\/p>\n
Answer: I still teach at the University of Indonesia, I still
\nhelp the Legal Aid Institute (as one of the patrons) and I still
\nlead the Center for Human Rights Studies. Along with some
\nfriends, we have just established an AIDS Legal Aid Institute and
\nwe are still looking for the best time to announce it publicly.<\/p>\n
I am still doing the social work but not as intensively as I
\nused to. Maybe I dedicate only about 20 percent of my time to
\nthose activities and spend the rest with my law firm.<\/p>\n
Q: Could you tell the story behind the establishment of the
\nAIDS Legal Aid Institute?<\/p>\n
A: It was set up by several doctors, including Dr. Zubairi
\nZoerban and Dr. Samsu Rizal, journalist Irwan Julianto, AIDS
\nactivist Susana Murni and Nona Poeroe, and several lawyers like
\nFrans Hendra Winarta, Trimoelya Soerjadi from Surabaya and Kamal
\nFirdaus from Yogyakarta.<\/p>\n
We want the legal profession to be sensitive to and care about
\nsocial issues. AIDS is not just a medical issue. People with
\nHIV\/AIDS deserve legal protection and should not be discriminated
\nagainst by their employers or by insurance companies. There are
\nsome cases, which are not exposed, in which people with HIV\/AIDS
\nare laid off from their jobs. We can't let this happen.<\/p>\n
Q: The AIDS Legal Aid Institute is basically about human
\nrights. I wonder if you see any progress with the human rights
\ncondition in the country.<\/p>\n
A: There is "partial progress". We have the National
\nCommission on Human Rights, which is credible. The Armed Forces
\nhas made efforts to be wiser and more careful in handling
\ndemonstrations. For example, they do not use guns or open fire as
\noften as they did in the past. They have tried to be persuasive
\nand defensive.<\/p>\n
On the other hand, we see the abuse (of power) which is
\nunthinkable, like the death of Cece (a suspect in a robbery-
\nmurder case) in police detention, and then the case of Udin (a
\njournalist who was murdered) in Yogyakarta.<\/p>\n
What is more serious is the fact that in our society, there is
\na growth of violence which tends to be disintegrative, in the
\nform of church burnings, ethnic violence and other repressive
\nactivities.<\/p>\n
Human rights violations have not only been committed by the
\nstate, but also by a society led by the wrong collective
\nconsciousness.<\/p>\n
I think there are some things which are bothering us as a
\nnation.<\/p>\n
I don't dare to say that there has been progress in the human
\nrights condition in Indonesia. We have data and information on
\nmany violations.<\/p>\n
Q: What is the root of the problem?<\/p>\n
A: Social and economic gaps, a weak legal tradition and weak
\nlegal institutions, including the courts and the police, make
\npeople want to take the law into their hands. There are also some
\npeople who want to take advantage of the situation.<\/p>\n
Q: As a former Legal Aid Institute chairman, could you comment
\non LBH and its challenges?<\/p>\n
A: LBH has a human resources problem, which needs to be
\naddressed by the chairman. We face more complicated problems. We
\nwon't understand the problems if our understanding of law is
\nnarrow and simple. We need adequate understanding about politics
\nand economics. LBH should be more responsive in its policy.<\/p>\n
Besides, LBH has to admit that it needs reorientation and
\nfocus (their activities) so that it will have a clearer agenda.<\/p>\n
Q: Are you saying that the agenda is not clear?<\/p>\n
A: LBH is only following up on what has been done before. LBH
\ncan't do everything. Why not, for instance, show more attention
\nto subversion or labor issues. These issues should be handled
\nmore systematically. LBH should not focus on short-term goals. It
\nneeds long-term goals and to be more realistic.<\/p>\n
Many people turn to the National Commission on Human Rights.
\nLBH should be grateful because the commission is taking over its
\njob, so that it can do other things such as international
\nlobbying. Our NGOs are very weak in this area.<\/p>\n
Q: How did you start your law firm?<\/p>\n
A: When I was at LBH I did not have any other job. I used to
\nteach at the University of Indonesia, but they asked me to resign
\nafter I handled Dharsono's case. I quit from my position as a
\npermanent teaching staff member and became a part-time
\ninstructor. I made a living at LBH. But I realized that LBH is
\nnot a permanent source of income. After I was prepared to resign,
\nI planned to establish my law firm. I set up this firm in 1991
\nafter finishing my studies abroad.<\/p>\n
Q: Why did you change the name of the law firm?<\/p>\n
A: We wanted to build a long-term corporate image. I don't
\nthink the future business will be a personalized business. In the
\npast, professional egoism could develop in legal services, but
\nnot today. Business is the combination of human resources and we
\nwant Lubis, Santosa and Maulana to become a good law firm in
\nIndonesia within 10 years. We still lag behind other law firms
\nwhich are more established.<\/p>\n
Q: What is the specialty of your law firm?<\/p>\n
A: We have three divisions: division of general corporate
\nmatters, litigation department and division of intellectual
\nproperty rights.<\/p>\n
There are things we have not been able to cover like
\nenvironment compliance and tax because of human resource
\nlimitations. We only have 14 lawyers.<\/p>\n
Q: How difficult is it to get good human resources?<\/p>\n
A: It is really difficult. We find it hard to find young legal
\nconsultants who are qualified, disciplined, highly motivated,
\nhave a strong will and have a mastery of a foreign language,
\nEnglish, Japanese or German.<\/p>\n
Q: Does that mean more opportunities for foreign lawyers
\nworking here?<\/p>\n
A: They could take a great portion of the work which should be
\ndone by local lawyers.<\/p>\n
Q: How is the regulation of foreign lawyers?<\/p>\n
A: They are allowed to operate here as long as they work at an
\nIndonesian law firm and get a permit from the Ministry of
\nJustice. We have an American lawyer at our law firm.<\/p>\n
But there are many who operate here illegally. They work as
\nconsultants but they offer legal services. There are others who
\ncome from Singapore, Hong Kong, or other countries with visa-free
\nfacilities as tourists, staying here for about one week in
\nhotels.<\/p>\n
True, there are many foreign lawyers who take over our jobs.
\nBut the World Trade Organization makes that possible. We have to
\nbe prepared and face them professionally.<\/p>\n
Q: How many local lawyers do we have here?<\/p>\n
A: At least 6,000 licensed lawyers with more than half of them
\nin Jakarta. But most of them are litigation lawyers. We only have
\na few corporate lawyers.<\/p>\n
There are about 20 law firms in Jakarta, I don't think there
\nare any in other cities. Well, they have advocate firms, but not
\nlaw firms.<\/p>\n
I think there is a big opportunity in this field. Just look at
\nthe capital market, there are hundreds of listed companies, which
\nmeans there is a continuous need for legal auditing, writing
\ndisclosure, drafting legal opinions, writing issues, obligation
\nissuances, etc. There is a great demand for law firms, especially
\nbecause there is a great interest among foreign investors to do
\nbusiness here.<\/p>\n
Q: I hear that foreign investors are concerned about legal
\ninsecurity in Indonesia.<\/p>\n
A: Some government officials realize that the problems of law
\ncan become a disincentive to foreign investment... I say that the
\nweakest side of the process of economic development in Indonesia
\nis the law. There is collusion, legal uncertainty, legal
\npressures.<\/p>\n
Q: We have a weak implementation of the law. How about the
\nlaws themselves? Are they adequate?<\/p>\n
A: I think there is progress in the reformation of economic
\nlaws. At least we have Law on Limited Liability Companies
\nNo.1\/1995, Law No. 8\/1995 on the Capital Market, a package of Law
\non Intellectual Property Rights, which is being revised by the
\nHouse of Representatives, Law No.7\/1992 on Banking, etc ...<\/p>\n
Of course, there are things we should improve, such as the Law
\non Capital Investment, Law on Insurance, Law on Pension Fund, as
\nwell as the Civil Law, which covers the trial process.... I
\nthink it is high time we improved it (the Civil Code) because
\nbusiness people rely on it to seek legal protection and because
\nour civil trial procedures are quiet complicated....<\/p>\n
If we don't improve the Civil Law so that it allows for a
\nquick and simple legal process, investors will not feel secure...
\nWe have to admit that our legal system is far from adequate in
\nprotecting them.<\/p>",
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