Law experts pessimistic about legal reforms

JAKARTA (JP): Law experts and practitioners expressed pessimism yesterday that the current reform movement would bring any change in the legal system or strengthen the supremacy of law given the dominance of status quo forces.

Munir, an executive of the Indonesian Legal Aid Foundation, said President B.J. Habibie's government had yet to show a real commitment to promoting the supremacy of law and to reform the corrupt culture within the bureaucracy.

"Habibie's government has shown no substantial differences and is not better than former president Soeharto's corrupt administration. They differ only in their external faces," he said at a seminar on the supremacy of law yesterday.

He maintained that Habibie had only made cosmetic alterations and that there had been no substantial changes in the bureaucracy or other state institutions.

"Judges are still subordinate to the Ministry of Justice, almost all laws which were made to support the concentration of power in the hands of the president are still enforced and the bureaucracy still plays a power-wielding role rather than that of a public servant," he said.

Satya Arinanto, a law lecturer at the University of Indonesia, concurred and said that the law has been used by the government as a tool to justify its political policies and activities.

"The law has been abused by the government to serve its political interests. And the government is still applying the security approach to handle social unrest," he said.

Sukowaluyo, former legislator of the Indonesian Democratic Party, blamed the House of Representatives and Soeharto for the absence of a democratic life and supremacy of the legal system.

"Soeharto, who had absolute power, made numerous laws to serve his leadership as well as to crush his critics, while the legislative body was made barren to prevent it from applying its control function," he said, pointing out that outspoken legislators were often dismissed.

Muchtar Pakpahan, chairman of the Indonesian Prosperous Labor Union, criticized the government and the Armed Forces for their ambiguous approach to reform.

"Despite its strong commitment to reform, the current government has yet to make substantial changes in the political, economic and legal fields. However the government and the military are preparing a bill on street protests to prevent people from taking to the streets to demand total reform," he said.

Munir maintained that a fair division of power among state institutions was key to upholding the supremacy of law in a democratic system.

"The House should be empowered to do its main tasks to ensure that the government enforces the laws and to make fair laws, and judicial reviews and judges should be under the Supreme Court's supervision.

"The president's prerogative rights should be limited and the government should eradicate the corruption, nepotism and collusion culture in the bureaucracy. The government should also start campaigning for legal supremacy," he said.

He said the government should forge cooperation links with NGOs and mass organizations to improve people's participation in politics to help uphold democracy. (rms)