Ex-PKI members regain rights

Ex-PKI members regain rights

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

The Constitutional Court moved closer to restoring the political
rights of the former members and relatives of former members of
the outlawed Indonesian Communist Party (PKI) on Tuesday by
taking a historic decision to annul an article in Law No. 12/2003
which would bar them from running in the legislative election in
April.

The amendment to the law could be seen as more progressive
than Election Law No. 3/1999, which only restored their right to
vote.

However the door to the presidential race in July is still
closed to them, as Law No. 23/2003 on the election of president
and vice president still prohibits them from joining the
presidential election.

Reading the court's ruling, Constitutional Court Chief Jimly
Asshidiqie pointed out that Article 60 g of Law No. 12/2003 on
legislative elections was in contradiction with the amended
Constitution and declared that the article was not longer legally
binding.

"The right to vote and the right to be elected are guaranteed
by the Constitution, the law and international conventions.
Therefore, any restriction, violation, resistance or elimination
of these rights is a violation of citizens' rights," Judge Jimly
said.

Eight of the nine-member panel of judges ruled in favor of the
request of 13 former PKI members. They dismissed a similar
request from another 15 plaintiffs because they had no link at
all with PKI. Judge Lt. Gen. (ret) Achmad Rustandi, who was the
sole member of the panel who rejected the request, argued that
the article was not "a permanent restriction, but only a
temporary one".

Article 60 g of the law stipulates that former members of the
PKI are barred from becoming members of the House of
Representatives (DPR), the Regional Representative Council (DPD)
and the regional legislative councils. In addition, members of
its affiliated organizations, or people who were directly or
indirectly involved in the alleged PKI coup attempt on Sept. 30,
1965 (G30S/PKI), and other prohibited organizations are also
prohibited from becoming members of legislative bodies.

Hundreds of thousands of people were believed to have been
killed after the 1965 alleged coup. Millions of people were
accused of being PKI members at that time and many were sent to
prison without trial. It was believed that PKI members had killed
a huge number of people before their fall.

The ruling, obviously, generated mixed reactions. Several
former PKI members, their relatives and friends who attended the
hearing lauded the ruling.

"I am very, very happy. But our fight is not over yet because
we also want an end to the decrees of the Provisional People's
Consultative Assembly (MPRS)," said Margono Hardono, a former PKI
member who was exiled for years on Buru Island by the New Order
regime.

Jakob Tobing, a senior executive of the Indonesian Democratic
Party for Struggle (PDI-P), welcomed the ruling. The party
opposed article 60 g during the legislative proceedings last
year, he said.

"That's the way it should be. It is a very positive thing to
step ahead," he told The Jakarta Post.

Jakob called on people to accept and respect the ruling, which
is final and binding. The ruling of the Constitutional Court is
not subject to appeal.

Hamdan Zoelfa from the Crescent Star Party (PBB) faction, also
said that people should not oppose the ruling.

"It must be respected, but I think it could spark debate among
people," he said.

Golkar's Rambe Kamaruzzaman, insisted that the ruling must be
"sanctioned by the legislative body, which is the House of
Representatives".

"This is a legislative review, it must conducted in
consultation with the House because there will be reactions from
the public," he said.