Revoking the subversion law<\/p>\n
The recommendation of the National Commission on Human Rights
\nthat the government rescind Law No.11\/NPS\/1963 on the Suppression
\nof Subversive Activities has received widespread attention.
\nAlthough the Commission's suggestion was not the first to have
\nbeen made in the past 15 years, the very fact that this time it
\nwas proposed by an institution which was established by
\npresidential decree obviously gives the recommendation a greater
\nweight than one made by a private organization.<\/p>\n
For more than a year the Commission has studied the subversion
\nlaw which is generally considered to be incompatible with the
\ngovernment's current democratic legislation policies as well as
\nwith the aspirations of the people. Apart from being regarded as
\nirreconcilable with universal norms for human rights, the
\nsubversion law is also considered to be in conflict with the
\ncodes of both criminal and civil law.<\/p>\n
In addition, the subversion law -- which was decreed by
\nPresident Sukarno at a time of emergency without debate in the
\nHouse of Representatives -- contains specifications which the
\nCommission considered to be incongruous with current conditions.
\nFor instance, there are references to the "unfinished revolution"
\nand "socialism".<\/p>\n
In the Commission's recommendation to the government no
\nmention is made of the mechanism with which the law should be
\nrevoked. Legal expert Albert Hasibuan offers three alternatives.
\nFirst, the government could enact a government regulation to
\nreplace the subversion law and request the approval of the House
\nof Representatives. Second, the government could submit a draft
\nlaw to revoke the subversion law to the House of Representatives.
\nThe government could submit a draft code of law in which it is
\nstated that the subversion law has been revoked and it could
\npropose a draft national security law.<\/p>\n
A third alternative is for the government to issue a political
\nstatement to the effect that it will no longer apply the
\nsubversion law. Of course, this alternative is the least
\ndesirable because, in reality, the subversion law would still
\nexist.<\/p>\n
-- Kompas, Jakarta<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/revoking-the-subversion-law-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }