Can Golkar run legal aid body freely?

By Imanuddin

JAKARTA (JP): The ruling political group's (Golkar) intention to found its own legal aid institute was warmly welcomed by legal circles including the vocal Indonesian Legal Aid Foundation (YLBHI).

There is one nagging question however. Can the institute, whose work will certainly bring it into conflict with the government, independently and effectively defend the people they represent?

This question can only be properly answered after the new institute is tested with a conflicting case. For now, most legal practitioners, experts and legislators say the presence of Golkar's own legal aid institute is a major contribution to the development of the law in the country.

It was YLBHI which pioneered the creation of legal aid institutes, known by the Indonesian acronym LBH, in the early 1970s. Although other organizations have established their own institutes, YLBHI remains by far the most prominent, and most vocal, of them all.

YLBHI's work often brings it into conflict with the government. The institute's clients are mainly poor people who cannot afford expensive legal fees. Their opponents are usually the government and big businesses.

But YLBHI has also become very political, particularly in the last decade. It has assisted in highly politically charged cases such as defending opposition figures, people charged with subversion, and also land disputes pitting the residents against the government.

Their cases are so troublesome, Minister of Justice Oetojo Oesman on Monday denounced YLBHI's activities as going against the government's program.

Oetojo, who gave his personal endorsement to the establishment of Golkar-LBH, cited in particular YLBHI's involvement in the Kedungombo land dispute. The Supreme Justice, in a surprise ruling, favored 34 villagers in their petition against the government for more compensation for land they were forced to give up to the Kedungombo reservoir in Central Java. YLBHI represented the 34 villagers.

Golkar-LBH will offer people seeking justice a new, probably less confrontational, alternative.

The proponents of Golkar-LBH said the chief concern of the new forum is to defend and promote the public interest.

The plan was announced after a meeting of Golkar's central executive board on Monday. Oetojo, Golkar chairman Harmoko, who is also the minister of information, and delegates of several legal aid institutes which share Golkar's aspirations, including LBH Kosgoro, LBH MKGR and LBH Trisula, attended the meeting.

B.N. Marbun, a member of the National Commission on Human Rights, told The Jakarta Post that he supported the establishment of Golkar-LBH as long as the forum can truly function as a legal aid institute.

"It's got nothing to do with the government's development program," he said, adding that the most important thing is the institute fight for justice.

Marbun said the institutes can only fight their battles in the courtroom. The final decision is in the hands of the judges.

Luhut M.P. Pangaribuan, YLBHI's chairman, said that he has no objection to the forum being established.

"We consider the Golkar-LBH a partner, not a rival," he assured, although he added that Golkar's new forum will be a welcome competitor in providing public legal aid.

Luhut regretted Oetojo's remarks about YLBHI working against the government's plan and the reference to the Kedungombo case.

He pointed out that it was the decision of the Supreme Court and that a minister should respect and support the ruling of the country's highest court.

Suhardi, chairman of the Commission III of the House of Representatives, said he would support any organization which strives to enforce the country's laws.

Suhardi declined to specifically comment on Golkar-LBH until it is formally established.

Trimoelja D. Soerjadi, chairman of the Surabaya chapter of the Indonesian Lawyers Association, said it is everyone's right to establish such a forum.

He wondered, though, if Golkar-LBH can remain independent given its political baggage.

"There are bound to be conflicting interests between Golkar and the people they represent," Trimoelja commented. "In such a case, I fear that the Golkar-LBH lawyers will protect the interest of the party first."

If this happens, the clients will suffer, he added.