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)