Can Golkar run legal aid body freely?

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.