'Law must defend the interest of the lower class'
'Law must defend the interest of the lower class'
JAKARTA (JP): Legal experts yesterday asserted the need for
national laws which promote the basic principles of human rights
and defend the interests of the lower class.
"There are many laws which should be introduced urgently to
improve the welfare of the lower class," said Baharuddin Lopa,
the secretary general of the National Commission on Human Rights.
He urged that legislation be passed to improve the economic
opportunity of the lower class so that they can compete fairly in
the marketplace.
Lopa, who acquired a doctorate of law in 1982 from Diponegoro
University in Semarang, Central Java, also noted the symbiotic
relationship between laws and the protection of human rights.
"If we compare the meanings of the law and human rights, then
it is quite clear that there is no principal difference between
the two and they are even contiguous," he said.
"In fact, we can say that by upholding the law we are also
upholding human rights," he said at the National Resiliency
Council yesterday during a seminar on "The Exercise of Pancasila
and the 1945 Constitution in an Era of Globalization."
The House of Representatives is in the process of revamping
various national laws still in use despite being remnants of the
Dutch colonial age.
Lopa argued that in formulating laws the House must orientate
itself to the aspirations and needs of the majority lower class.
"In a democratic state the law should not be created by the
will of those in power," he said, adding that legislators should
think of what could be given immediately to the people rather
than appeasing the interests of the middle and upper classes.
Anti-monopoly
Among the most urgent legislation needed is an anti-monopoly
law. "The anti-monopoly law is needed to allow the lower class to
obtain equal (business) opportunity," Lopa said.
The question of an anti-monopoly law in Indonesia has been
raised often both domestically and internationally.
Compared to other members of the Association of Southeast
Asian Nations (ASEAN), Indonesia and Brunei are the only two
nations which do not have anti-monopoly laws. Included in the
ASEAN group is Malaysia, Philippines, Singapore and Thailand.
"If the monopoly system is not stopped, then it will only
perpetuate a situation where the strong get stronger and the weak
get weaker," Lopa remarked.
Apart from the need to refurbish existing laws, speakers
yesterday also expressed concern over the lack of professionalism
afflicting the legal apparatus.
"This problem is even worse than system itself," Lopa remarked
adding that "we often hear of various court decisions which are a
bit hard for the brain to accept."
Though he did not identify specific cases, the supreme court's
decision to overturn a ruling against the government -- won by
residents in the Kedungombo land dispute -- and the issuing of
personal memos from the chief justice have sparked much ire.
Lopa was joined by legal academic H. Muladi in his complaints
about professionalism in the legal apparatus.
"It can't be denied that such a concerning situation is caused
by a inept sense of professionalism," Lopa, underlining that
integrity should come down from the top to be emulated by the
lower legal apparatus.
"If we can't accomplish that, then violations of human rights
will continue," he added.
Muladi said there must be a professional work ethic for those
working in the legal profession.
"Malpractice occurs when a professional performs his or her
duties in a manner sub-standard to the requirements set forth by
the profession; the result is that other people are harmed as a
consequence of their malpractice," said the rector of Diponegoro
University.(mds)