House annuls subversion law

JAKARTA (JP): The House of Representatives passed on Wednesday a bill scrapping the draconian 1963 subversion law while endorsing simultaneously another which opens the door to stricter prosecution for crimes against the state.

The latter bill is on the incorporation into the Criminal Code of six new articles -- Articles 107a though 107f -- on acts of sabotage and the spread of Marxism-Leninism.

Minister of Justice Muladi said the government expected that the discarding of the 1963 law would put an end to human rights violations, which were rampant in prosecutions under the draconian law.

"It was a pliable and multi-interpretable law ... a panicky regulation which was prone to human rights violations," Muladi said in his speech welcoming the House approval.

On its replacement, the six articles incorporated into the Criminal Code include regulations on crimes that endanger Pancasila state ideology, on the prohibition of spreading Marxism-Leninism and acts of sabotage of state or military installations or the distribution of basic essentials.

Unlike the scrapped subversion law, under which a violator could be sentenced to death, the bill stipulates a maximum 20- year prison term.

Under the 1963 law, law enforcers were authorized to detain violators for a maximum of one year prior to prosecution. While under the Criminal Code Procedures -- to which prosecution under the Criminal Code must refer -- the maximum period of detention prior to prosecution is 60 days.

The subversion law came under fierce criticism from human rights campaigners because it contained "pliable articles" which allowed power holders to prosecute their political foes.

Even the current Criminal Code, a legal product made in 1946, has in fact been criticized by many law experts, including Muladi.

The Criminal Code is outdated, they claim.

Recently Muladi said a draft law on the Criminal Code's replacement was being updated with existing international conventions.

The much-talked-about bill is said to consist of more than 600 articles. Muladi is one of its drafters.

For more than 12 years a panel of experts at the Agency for the Development of National Laws has deliberated the new Criminal Code bill. In 1993, it was reportedly completed.

On Wednesday, Muladi also said that another related bill, on the safety and security of the state, would be submitted next week.

Rights campaigners have appealed to the public to keep an eye on the new bill, saying it could be a revamp of the newly scrapped subversion law. (aan)