PDI-P casts first stone at unloyal legislators<\/p>\n
Fabiola Desy Unidjaja and Agus Maryono, The Jakarta Post, Jakarta\/Banyumas<\/p>\n
The Indonesian Democratic Party of Struggle (PDI Perjuangan) will
\nreplace over 20 lawmakers from legislatures across the country
\nfor various reasons, including defying the party's order, a party
\nspokesman said on Tuesday.<\/p>\n
However, PDI Perjuangan deputy secretary general Pramono Anung
\nadded that legislative members critical of President Megawati
\nSoekarnoputri's policies would not necessarily be fired. Megawati
\nis the party's chairwoman.<\/p>\n
Terminating critical legislators from their posts was a common
\npractice during the leadership of former dictator Soeharto to
\nsilence his opponents. Such draconian measures, however,
\nsupposedly came to a halt after Soeharto fell from grace in May
\n1998.<\/p>\n
Laws on political parties and the composition of the House of
\nRepresentatives (DPR), the Regional Representatives Council
\n(DPD), and the People's Consultative Assembly (MPR), both
\nendorsed in 2003, reinstated a party's rights to replace
\nlawmakers.<\/p>\n
During Soeharto's New Order regime, a similar law was used by
\nparty chiefs to dismiss legislators who expressed any sort of
\nopposition to party or government policy.<\/p>\n
Political party's right of recall, or power to replace
\nlegislators, was scrapped at the dawn of the prodemocracy reform
\nmovement in 1999 as many considered the mechanism a means to
\nsilence any expression of opposition.<\/p>\n
The argument was that legislators were elected by the people,
\nand it was the constituents that had the right to dismiss their
\nrepresentatives from legislative body not the party leaders or
\nthe president of the country.<\/p>\n
Due to various complaints from political parties, about a lack
\nof a legal mechanism to discipline defiant members, the right of
\nrecall was reinstated into the political party law.<\/p>\n
Endorsed this year, the law stipulates that a political party
\nhas the right to dismiss its legislators from any legislative
\nbody in the country.<\/p>\n
Unlike before, when legislators were often recalled at the
\nwhims of party leaders, the General Elections Commission (KPU)
\nnow has to verify a political party's request to recall its
\nrepresentatives in the House or provincial legislatures.<\/p>\n
Pramono claimed on Tuesday that the step backward from the
\nideals of the democracy movement was not meant to gag critical
\nmembers.<\/p>\n
"We will not recall those who are vocally critical in voicing
\npeople's aspirations as we consider them as party assets,"
\nPramono said.<\/p>\n
He added that PDI Perjuangan would recall those who had set up
\ntheir own parties or had been dismissed from the party for other
\nreasons.<\/p>\n
Under such a criteria, only Dimyati Hartono would be recalled
\nfrom the DPR. Dimyati quit some time ago due to her stand on a
\nnumber of issues that clashed with party policies, specifically
\nMegawati's demand that everyone support Jakarta governor
\nSutiyoso's election bid, and now has set up a new party.<\/p>\n
Other PDI Perjuangan legislators\/councillors that will be
\nrecalled come from Jakarta, Lampung, Surabaya and other areas.
\nThey are accused of defying Megawati's orders to support the
\ncandidate of her choice in elections of regents or governors in
\ntheir respective regions.<\/p>\n
PDI Perjuangan Banyumas branch in Central Java had planned to
\nrecall 11 of its 19 councillors from the party, while Cilacap
\nplanned to recall four of its eight councillors.<\/p>\n
"We'll fire those councillors because they are no longer
\nmembers of PDI Perjuangan, so we have to replace them with other
\npeople who are loyal to the party," Pramono said.<\/p>\n
2. 2x27<\/p>\n
Lawmakers divided over
\neducation of justices<\/p>\n
The House of Representatives (DPR) special committee deliberating
\nthe constitutional court bill remains divided over the
\neducational background of justices appointed to the court.<\/p>\n
Committee deputy chairman Zainal Arifin of the Indonesian
\nDemocratic Party of Struggle (PDI Perjuangan) said Tuesday the
\ncommittee had split into two groups, with one insisting that only
\nlaw graduates had the chance to sit as justices in the court,
\nwhile the other maintained that statesmanship was more important
\nthan educational background.<\/p>\n
"We have not yet reached an agreement on that issue," Zainal
\ntold The Jakarta Post on Tuesday.<\/p>\n
He emphasized that the issue of educational background was the
\nonly issue dividing committee members.<\/p>\n
The members, according to Zainal, had already accepted the
\ncomposition and authority of the planned constitutional court as
\nspelled out in the newly amended Constitution.<\/p>\n
The planned constitutional court would have nine members, with
\nthe authority to dissolve a political party, settle election
\ndisputes, resolve disputes between state institutions, review
\nlegislation and determine whether or not the president had
\ncommitted a wrongdoing.<\/p>\n
The president, House, and the Supreme Court will each appoint
\nthree justices to the constitutional court.<\/p>\n
All factions also agreed that the constitutional court would
\nnot function as a court of "justice" but a court of "law" --
\nmeaning all decisions of the constitutional court had to be based
\non the Constitution and on evidence, while the justice element
\nwould only offer a limited amount of discretion.<\/p>\n
Separately, committee chairman Zein Badjeber of the United
\nDevelopment Party (PPP) pledged on Monday to submit the bill for
\nendorsement on July 31 to an extraordinary plenary session, the
\nfirst to be held during a recess.<\/p>\n
Committee deputy chairman Ali Masykur Musa of the National
\nAwakening Party (PKB), meanwhile, concurred with Zein, saying
\nthat legislators would finish deliberating the bill on time.<\/p>\n
He added that stipulations regarding the role and authority of
\nthe constitutional court had been agreed by all nine factions.<\/p>\n
Earlier, Minister of Justice and Human Rights Yusril Ihza
\nMahendra said that the government needed more time to discuss the
\nbill.<\/p>\n
The date for the establishment of the constitutional court had
\nbeen established by the amended Constitution -- Aug. 17, 2003.<\/p>\n
Yusril, however, proposed a change to the deadline, arguing
\nthat the time available for deliberation was not enough.<\/p>\n
The idea to delay establishment of the constitutional court
\ncame from President Megawati Soekarnoputri, who had earlier said
\nthat the substance of the bill was very important and required
\nextensive discussion.<\/p>\n
Zein revealed that all factions had agreed to adopt the term
\n"request" instead of "litigation" for anyone demanding that the
\nconstitutional court settle a disputed election result, dissolve
\na political party, follow up on an accusation by the House that
\nthe president had committed a wrongdoing, or review existing
\nlegislation.<\/p>\n
He also said that the procedure would not involve litigation
\nbut a request made by a specific group to the constitutional
\ncourt to process the dispute.<\/p>\n
Without litigation, Zein added, there would be neither a
\nprosecutor nor a prosecuted party.<\/p>\n
3. 1x30<\/p>\n
Govt urged to reconsider peaceful solution to Aceh conflict<\/p>\n
International pressure has been mounting of late for a peaceful
\nand quick settlement of the Aceh war with Germany joining in the
\ncall on Tuesday for a return to the negotiating table.<\/p>\n
Visiting German Deputy Foreign Minister Kerstin Muller said
\nshe would raise the Aceh issue as well as to bring it to the
\nattention of the international community during the Asia Europe
\nMinisterial Meeting (ASEM), slated to be held in Denpasar, Bali
\nnext week.<\/p>\n
Dialog should be made the number one priority as only it will
\nsolve the problems in Aceh, Muller said after a meeting with the
\nchairman of the National Commission on Human Rights (Komnas HAM)
\nAbdul Hakim Garuda Nusantara.<\/p>\n
Both shared their concerns about the gross human rights
\nviolations which have reportedly occurred in Aceh since the
\nmilitary offensive against Free Aceh Movement (GAM) rebels began
\non May 19 after a five-month truce collapsed.<\/p>\n
Muller will represent Germany during the ASEM forum on July 24
\nand 25, scheduled to be opened by President Megawati
\nSoekarnoputri.<\/p>\n
Abdul Hakim said dialog between the government and GAM could
\nprevent further abuses against civilians, who have reportedly
\nsuffered the most during the ongoing war, but that martial law
\nwas still legal.<\/p>\n
"We have to admit that the government's decision to impose
\nmartial law in Aceh was based on legal considerations. Therefore,
\nwhether we like it or not, it can be legally executed there.<\/p>\n
"But what we (human rights groups and the international
\ncommunity) are concerned about is the impact of the policy,
\nnamely the rights violations that have frequently taken place
\nsince martial law was declared in the territory," Hakim stated.<\/p>\n
Other countries like Japan and the United States have
\nexpressed dismay over the fractured peace agreement signed in
\nDecember and brokered by a Swiss-based mediator.<\/p>\n
Rights activists have estimated that more than 10,000 people,
\nmostly civilians, have been killed since 1976 when GAM was formed
\nto carry on Aceh's decades-long struggle for independence. Many
\nhave been raped and tortured as the crackdown on rebels has
\ndragged on, they said.<\/p>\n
Abdul Hakim made the point that Muller's visit did not mean
\nGermany would try to interfere with Indonesia's domestic affairs.
\n"We were just having a discussion to seek a solution to the Aceh
\nissue," he said.<\/p>\n
The German envoy also presented Komnas HAM with newly updated
\ndata on rights abuses in Aceh, including extrajudicial killings
\nand rapes.<\/p>\n
Asked whether the German official inquired about the fatal
\nshooting of a German tourist, Lothar Hendrik Albert, while he was
\ntraveling in Aceh Jaya regency, Abdul Hakim said: "We did not
\nspecifically talk about that, but for sure the German government
\nappreciates our country's legal system."<\/p>\n
4. 1x40<\/p>\n
Witnesses say Ba'asyir advocated peaceful means<\/p>\n
Contrary to earlier testimonies, witnesses told the treason trial
\nof Abu Bakar Ba'asyir on Tuesday that the Muslim cleric had not
\nadvocated violence and acts of terror as a means of promoting his
\nown version of Islamic teachings.<\/p>\n
Abdul Harris, who is a frequent companion of Ba'asyir of the
\nIndonesian Mujahiddin Council (MMI), told the court that ever
\nsince his acquaintance with the cleric he had never heard him
\ninsult anyone or call for violence.<\/p>\n
"In fact he advised us not to resort to violence, even if all
\nmembers of MMI intended to do so. He was always telling everyone,
\nwhether MMI members or not, to be patient in facing injustice and
\noppression from the government," he said.<\/p>\n
He added that Ba'asyir interpreted jihad in accordance with
\nthe Koran.<\/p>\n
Harris was one of two witnesses presented by Ba'asyir's
\ndefense lawyers on Tuesday.<\/p>\n
The other, Hasyim, gave almost exactly the same testimony in
\nfavor of the cleric.<\/p>\n
Ba'asyir is standing trial for his alleged role in a plot to
\noverthrow the Indonesian government through acts of terrorism and
\na murder attempt on Megawati Soekarnoputri before she assumed
\npower.<\/p>\n
He is also allegedly the leader of the Jamaah Islamiyah (JI)
\nterror network, which the police believe masterminded a string of
\nbombings across the country, including the Christmas Eve church
\nbombings in 2000 that left 19 people dead and the Bali blasts in
\nOctober 2002 that claimed 202 lives.<\/p>\n
If the primary charges are proven, he could face a 20-year
\njail sentence.<\/p>\n
In previous hearings, Singapore- and Malaysia-based suspected
\nJI members recognized Ba'asyir as their leader and his role in
\nthe acts of terror during their testimonies presented via
\nvideoconferencing.<\/p>\n
Later on Tuesday, the U.S. government turned down a request
\nfrom Ba'asyir's defense lawyers to present alleged al-Qaeda
\nmember Omar al-Faruq at Ba'asyir's trial.<\/p>\n
In letter to judges and the lawyers, charges d'affairs of the
\nU.S. Embassy in Indonesia Patrick Truhn said it was not
\nWashington's policy to present a detainee as a witness in a
\ncriminal case overseas.<\/p>\n
Ba'asyir's lawyers had asked the judges to order the
\nprosecutors to "take into account" an attempt to bring al-Faruq
\nto testify before the court. Al-Faruq is now being detained by
\nU.S. authorities.<\/p>\n
"He is the source of all accusations against our client,"
\nlawyer Mahendradatta said.<\/p>\n
Prosecutor Hasan Madani said earlier he had written to the
\nU.S. ambassador on July 10 to ask for his help to bring al-Faruq
\nto court, but had not received a reply.<\/p>\n
Al-Faruq is said to have implicated Ba'asyir in terror plots,
\nincluding plans to bomb U.S. embassies in Southeast Asia. Prior
\nto al-Faruq giving his account, Indonesian authorities had still
\nto arrest Ba'asyir, citing lack of evidence.<\/p>\n
5. 2x28<\/p>\n
RI 'observing' the situation
\nin Iraq, not commenting<\/p>\n
The government has refrained from making any comment on the
\nestablishment of an ad interim government in Iraq, saying that
\nthe process was still under way and thus required further
\nobservation.<\/p>\n
Ministry of Foreign Affairs spokesman Marty Natalegawa told
\nThe Jakarta Post on Tuesday that the government was closely
\nfollowing developments in Iraq.<\/p>\n
"We have noted the latest developments, but our position
\nremains that the United Nations should play a central role in the
\nestablishment of the ad interim government," Marty said.<\/p>\n
"Another important point is that the ad interim government
\nshould receive the full support of the Iraqi people," he added.<\/p>\n
Indonesia opposed the invasion of Iraq by the United States
\nand its allies, and demanded a greater UN role in Iraq.<\/p>\n
Indonesia had also said that it would only recognize a
\ngovernment set up with the help of the United Nations.<\/p>\n
Iraq, which has been occupied by the United States and its
\nallies for the past three months, appointed a 25-member council
\nlast week to prepare for the establishment of a new government.<\/p>\n
The council includes 13 Shiite Muslims, five Arab Sunni
\nMuslims, five Kurds, one Turk and one Christian, each
\nrepresenting the religious groups in Iraq.<\/p>\n
Most Arab countries hailed the establishment of the council,
\nwhile those who opposed the Iraq war have refrained from
\ncommenting.<\/p>\n
"We consider the establishment of the council an ongoing
\nprogress, and thus we need to see what will be the result of the
\ncouncil," Marty said.<\/p>",
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