Reform vital in legal sector<\/p>\n
By T. Mulya Lubis<\/p>\n
JAKARTA (JP): The legal sector is trailing behind other
\nsectors. Historically, from colonial times, the law in political
\nlife has always been employed as an instrument of devide et
\nimpera (divide and rule) and repression, while in the economic
\nrealm, the law often plays its role as an instrument benefiting
\nbusinesspeople and capitalists.<\/p>\n
So the law obviously has not optimally contributed to
\ndemocracy and social justice, especially considering that court
\njurisprudence is not always properly treated as a legal source.
\nAt this juncture, the law is not only void of neutrality, but it
\neven takes sides with the ruling elite and businesspeople.<\/p>\n
The role of the law has not changed much since our
\nindependence in 1945, particularly because the existing legal
\ninstruments are the legacy of colonial laws. It is worthy of
\nnote, however, that many legal products in the era of
\nindependence, including those produced during the Soeharto
\nadministration, continue the colonial legal policies translated
\ninto idolization of stability, security and order, and economic
\ngrowth.<\/p>\n
The oft-intimated policy of even distribution of income has
\nturned out to be more of a political statement (wishful
\nthinking). It is very difficult for a legal policy like this to
\nbe on the side of democracy and social justice.<\/p>\n
The resulting legal products, consequently, have shackled our
\ncivil and political rights, as we have all experienced with the
\nenforcement of the law during general elections, the law on
\npolitical parties and the functional group, the law on the
\nstructure of the People's Consultative Assembly (MPR), the House
\nof People's Representatives (DPR) and the regional legislative
\nassembly (DPRD), the law on mass organizations, the law on
\nreferendum and the law on principles of the press.<\/p>\n
In the economic sector, our legal products, some of which do
\ntake into account the interests of the common people, generally
\nside with businesspeople and capitalist, such as the law on
\nforeign investment, the law on domestic investment and the law on
\nthe capital market.<\/p>\n
Please note that deregulatory packages have also turned into
\nlegal products which, despite their legal validity, raise doubt
\nin that they are enforceable as instruments benefiting
\nbusinesspeople and capitalists.<\/p>\n
In this context, our compliance with the legal products of the
\nWorld Trade Organization has made it difficult to protect the
\ninterests of small and medium-scale businesspeople and consumers.
\nUnfortunately, the internationalization of the laws in the
\neconomic realm, which apply the principles of nondiscrimination
\nand national treatment, will eventually make this country a mere
\npocket of the latest form of economic colonization.<\/p>\n
The judiciary is the most important part in the legal sector.
\nIt is no longer a public secret that our judicial institutions
\nand judges are known to be not only restricted in their freedom
\nand self-reliance, but are also infected by corruption, collusion
\nand nepotism.<\/p>\n
Unless reform is carried out in the judicial institutions and
\nin the corps of judges of all levels, legal reform will become
\nstuck. In this context, legal products such as the law on the
\nprinciple of judicial power, the law on general judiciary and the
\nlaw on the Supreme Court need immediate revision and\/or
\nreplacement.<\/p>\n
The main challenge is to make a judicial institution one that
\ntranslates the law in all fairness and impartiality in our social
\nlife. Especially in respect to the Supreme Court, the expansion
\nof the right to exercise judicial review of a law is absolutely
\nnecessary if we wish to see legal control over legal products of
\nthe government and the DPR, which may well violate the
\nconstitutional principles such as democracy, human rights and
\nsocial justice.<\/p>\n
It is no exaggeration to conclude, then, that the right to
\njudiciary review indicates acknowledgement of the supremacy of
\nthe law in a law-based state. Therefore, naming legislative
\nreview as the most appropriate instrument for Indonesia in this
\ncontext is tantamount to subordinating the supremacy of the law
\nto dominant political interests.<\/p>\n
The demand for legal reform is a historical necessity.<\/p>\n
The most urgent legal reform agenda in restoring civil and
\npolitical rights is the revocation of repressive legal products
\n(the Subversion Law, hatzaai artikelen, and so forth), the
\nrevision of nonfacilitating legal products (the law on general
\nelections, the law on political parties and the functional group,
\nthe law on the structure and the position of the MPR, the DPR and
\nthe DPRD, the law on mass organizations, the law on principles of
\nthe press).<\/p>\n
Also, the issuance of reform-supporting new legal products (a
\nlaw on public information and others) are equally urgent.<\/p>\n
In the economic realm, it is of great urgency to issue legal
\nproducts which may better protect small and medium-scale
\nbusinesspeople and consumers, such as the antimonopoly law, the
\nlaw on consumer protection, and so forth).<\/p>\n
The above mentioned total legal reform would eventually lead
\nus to political and economic reforms. The goals of our nationhood
\nand statehood, underlined with a longing for democracy and social
\njustice, can be reached when legal reform measures are taken in a
\nplanned, speedy and sustainable manner.<\/p>\n
The writer is a member of the Working Group of the
\nForum for Democracy.<\/p>\n
Window: The role of the law has not changed much since our
\nindependence in 1945, particularly because the existing legal
\ninstruments are the legacy of colonial laws.<\/p>",
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