Legal changes needed in new era

By Mulyana W. Kusumah

JAKARTA (JP): Soeharto's obsession with political stability is reflected in the current laws on politics.

The result is an array of the People's Consultative Assembly (MPR) decrees and legislation tailored to maintain political stability, but failing to abide by the people's sovereignty.

These legal instruments, while serving their master well, had an adverse effect on political attitude, structure and culture. With the lapse of time, the bureaucratic authoritarian regime became increasingly stronger and democratic institutions not only lost their function but also changed their roles to complement the regime's power.

Now that Soeharto has resigned, the pressure for democratic reform has become stronger. Such a change has become a historical necessity.

In this context it is absolutely necessary to have legal reform with the following priorities:

First, the revocation or at least a review of a number of MPR decrees of which the spirit and the contents are contrary to the objectives of democratic reform.

Apart from the necessity to change MPR decrees, the revocation of a number of MPR decrees is also required.

For example, MPR decree No. III/1998 on general elections needs to be renewed immediately. By doing so we can accomplish a number of things, including clearly determine the function of democratic elections, organizers and supervisors, and recognize monitoring agencies and expand the number of political parties.

Also, the number of appointed MPR members as well as House of Representatives members can be put at a minimum, like for example, 10 percent of a total of 1,000 members.

Second, the enactment of a number of basic laws enshrining articles of the 1945 Constitution for a reference to the making of laws for political and economic democratization.

There is a need to make more enlightening basic laws on the freedom to associate, to assemble and of expression based on the Constitution as a basis to enact new laws on political parties, mass organizations, NGOs, general elections, the press, broadcasting.

As a juridical reference for economic democratization, there is a need to elaborate Article 33 of the Constitution as a basis for the making of a number of laws, like on antimonopoly, cooperatives, the protection of small-scale businesses and others.

Third, the revocation of a number of legislative products which have become tools of repression and restrict the freedom to associate, assemble and of expression, like Law No.11/PNPS/1963 on subversion, Law No.5/PNPS/1963 on political activities and various articles of the penal code like the articles on antigovernment offenses (haatzaai artikelen).

No less important is the revocation of a number of presidential decrees made on the basis of the President's extra- constitutional power, like the presidential decree on the establishment of the Agency for the Coordination of Support for the Development of National Stability (Bakorstanas), an extrajudicial institution that plays a very decisive role in political life and security approach implementation.

Fourth, the establishment of basic laws on state institutions, which are the basis for the law on the composition and position of the MPR/DPR, the law on the presidential institution (that regulates the president's domain of authority and accountability, also term of office) and others.

Fifth, the making of new laws to ratify a number of international instruments with a high level of universality (already ratified by more than 100 countries) like, among others, the antitorture convention.

The MPR extraordinary session to be held either at the end of this year or early next year, should also ask for Soeharto's accountability in addition to revoking the two MPR decrees on the former president and the former vice president.

Another priority to be tackled by the extraordinary session should be the establishment of the principles for the implementation of Article 28 of the Constitution as a basis for political development, and at the same time a revision of the 1998 State Policy Guidelines.

The writer is a lecturer at the School of Sociopolitical Science, University of Indonesia, and secretary-general of the Independent Election Monitoring Committee (KIPP).