Bambang, Bintang urged to proceed with lawsuits
Bambang, Bintang urged to proceed with lawsuits
By Santi WE Soekanto
JAKARTA (JP): Although their chances of winning are slim, Bambang Warih Koesoemo and Sri Bintang Pamungkas should proceed with their plan to sue their respective political parties for dismissing them from the House of Representatives, three political commentators said yesterday.
M. Budyatna and Loebby Loqman, both from the University of Indonesia in Jakarta, and Dr. Ramlan Surbakti from the Surabaya's Airlangga University, all believe the plan has great significance in the democratization of Indonesia.
Interviewed separately, the three men agreed that the viability of the legal action may be questionable, given real political conditions and the diversity of standards used to view the men's actions.
Golkar, the dominant political faction, wants Bambang removed from the House for deviating from the group's official line and offending cabinet ministers.
The Moslem-based United Development Party (PPP) followed, and asked the House leaders to remove Bintang for the unpardonable gaffe of questioning the state ideology Pancasila.
Although their dismissals have not been formally approved by the House leaders, both men have announced their intention to sue their respective party leaders.
Bambang said the accusations hurled against him have tarnished his good name. Bintang said the PPP's move to have him fired was unconstitutional.
"They both can do it (sue)," Budyatna told The Jakarta Post. "But what's the use? Present conditions may eventually make Bintang realize that those in power have great authority (over him).
"Bintang should do it," Ramlan said. "Whether or not he will succeed is an entirely different question."
Ramlan said the dismissal of Bintang could be viewed from one of three bases: the 1945 Constitution, the existing laws and regulations on the role and function of the legislative body and political organizations, and "political realities".
If Bintang's dismissal is looked at Constitutionally, his legal action is "justifiable" because the Constitution recognizes the people's sovereignty over institutions.
On legal grounds, however, Bintang will have a "mixed" chance of success because existing laws tend to differ and conflict.
For instance, the laws on political organizations and general elections give each party's leaders the authority to remove their members from legislative positions.
Another set of laws regulating the lineup and function of House members, however, clearly labels legislators the "representatives of the people". This implies that only the people can remove them.
Ramlan said Bintang's dismissal, and his subsequent plan to sue, could be viewed from the "real condition of politics". PPP leaders should have backed up their accusations, including their charge that Bintang questioned the validity of Pancasila, with evidence, he said.
"They should have laid out all the supporting facts in a transparent manner," Ramlan said. "A political organization should never take action and then search for reasons for that action later."
The last consideration, the "real political condition", does not seem to favor him. Although his party greatly differs in structure from Golkar, it is an accepted reality that "PPP has sheltered in the government's shadow," Ramlan said.
Loebby supported the planned lawsuits, calling them "test cases" to prove to the public whether the existing mechanism for firing legislators is against the law. "It's high time (to take legal action), because through court proceedings we'll see how far they can pursue the course," he said.
"Hopefully, the actions, and the debate surrounding them, will eventually crystallize so we can all see whether political organizations have the authority to sack legislators," he said.
Ramlan and Budyatna believed that the lawsuits will contribute to the democratization process in Indonesia.
Though they may not succeed, there will be long-term benefits, including the beginning of "national dialog about our political format," Ramlan said. "Bintang has thrown in the ball, now Indonesian society, including the press and intellectuals, must catch it and continue with the game."
"Bintang may or may not succeed, but he should definitely do it," Budyatna said. The political impact of Bintang's action includes "raising public awareness of human rights and how to react in the face of injustice."
"Human rights are not a gift, we should all strive toward them," Budyatna said. (swe)