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.