A closer look at appeals to review Aceh's martial law

A closer look at appeals to review Aceh's martial law

Imanuddin Razak, Staff Writer, The Jakarta Post, Jakarta,
iman@thejakartapost.com

Politics is the art or science concerned with guiding or
influencing governmental policy. Politics is also the art or
science concerned with winning and holding control over a
government.

Both are among definitions stipulated in the Merriam Webster's
Collegiate Dictionary. And perhaps both definitions could explain
the reason behind last Monday's maneuver by the House of
Representatives (DPR) to call for a thorough evaluation of the
implementation of martial law in the restive province of Nanggroe
Aceh Darussalam, so as to determine future policies in the
province.

The call comes just weeks before martial law is due to expire
on Nov. 19. It also comes after widespread allegations of abuses
committed by government troops and the separatist Free Aceh
Movement (GAM) rebels.

President Megawati Soekarnoputri signed a decree on May 19
imposing martial law on Aceh for six months, thereby providing
the legal infrastructure needed for the Indonesian Military (TNI)
to launch an all-out war against GAM.

Based on Presidential Decree No. 28/2003 issued on May 19, the
province of Aceh was placed under martial law for six months,
with the possibility of an extension.

While observers and activists have suggested that the military
offensive in Aceh be halted, TNI chief Gen. Endriartono Sutarto
has said that the military wants an extension of martial law in
Aceh, without mentioning a specific timeframe.

The legislative body's first maneuver was followed by a second
on Wednesday, when House leaders suggested that President
Megawati consult with legislators before extending martial law in
the country's westernmost province.

"We hope the government will ask for confirmation from the
House (for the extension of martial law), because the Aceh
problem is a national problem, not only the problem of the
government," House Speaker Akbar Tandjung said.

The House's measure sounded commonplace and simple as it
showed what the legislative body was supposed to do, i.e.,
monitoring and controlling the government, especially its
policies.

Aside from the questionable constitutional debate on whether
the President must consult the House prior to imposing or
extending the implementation of martial law in Aceh, the above
measure of the House could seriously impact the ruling
government, especially in the face of the next general elections.

As an "opposition" to the ruling government and also as part
of the country's law-making bodies, the House has the power to
dictate to the government -- the holder of the mandate given by
the People's Consultative Assembly (MPR), in which the House is
part of it -- in its policies.

The failure of the ruling government to comply with the
House's request could lead to trouble for the government during
the plenary session of the MPR which hears the
President's/government's accountability speech.

And such a failure of the ruling government, dominated by the
winner of the 1999 general elections -- the Indonesian Democratic
Party of Struggle (PDI Perjuangan) -- to perform the tasks
mandated or ordered by the law-making body could be a negative
factor for the party chaired by Megawati, in its bid for next
year's general elections.

As part of the rules of the game in Indonesian politics, the
ruling government must comply with the House's orders. If the
orders are ignored, the government must bear the costs.

Worse, the failure to address the latest issue will add to the
munitions which the House can fire at the plenary session of the
MPR, which will mark the end of the President's five-year tenure.

The ruling government could indeed challenge the rules,
ignoring the House's calls by lobbying legislators from other
political parties (through PDI Perjuangan legislators) to avoid
trouble for Megawati and her government in the plenary session.

As it will likely be impossible to gain support and set up a
strong coalition with Muslim-oriented political parties, due to
their different political platforms, PDI Perjuangan could attempt
to form a coalition with the second largest political party --
Golkar -- in an attempt to secure majority votes to nullify any
moves against the ruling government.

However, it will not be that easy to persuade Golkar to join
the band as the latter is striving hard to restore its tarnished
image (related to its past links with the New Order/Soeharto
regime). Any obvious political compromise or deal may hamper its
election bid next year.

Last weekend's clash among supporters of PDI Perjuangan and
Golkar in Buleleng, Bali --in which two Golkar supporters were
killed -- is also not an easy obstacle to be settled in such a
short period of time, ahead of the May 2004 election.

Also, such a move would require the extra effort and resources
of PDI Perjuangan, as other parties, including Golkar, are eager
for as many votes as possible in next year's election. Any
unpopular move, i.e. vote buying in the MPR plenary session,
especially when it's then leaked to the media, will be a blow to
their election bid.

To some analysts, the House's maneuvers could also be seen as
preventing Megawati and her Indonesian Democratic Party of
Struggle from leniency when dealing with the TNI, which will
permanently quit its active involvement in politics -- in the
House and the Assembly -- beginning next year.

The public and the House have been observing Megawati's
policies, which according to them, have frequently favored the
TNI. The latest controversial case was the purchase of four
Russian Sukhoi jet-fighters, which was made upon the approval of
the President but without the House's consent.