'Martial law may promote rights abuses'
The Jakarta Post, Jakarta
The imposition of martial law in Aceh means that all civilian authorities have been completely surrendered to the military, a move that many fear will encourage human rights abuses as has happened in the past, analysts said on Monday.
Martial law came into effect from midnight on Monday in the restive province after talks to salvage the peace pact between the Indonesian government and the Free Aceh Movement (GAM) in Tokyo failed.
"Under martial law, ordinary civilian law no longer exists, it is automatically replaced by military law," said Hendardi, the director of the Indonesian Legal Aid Foundation (PBHI).
Martial law will be in effect for six months and could be extended through another presidential decree. The presidential decree authorizing martial law states that the Aceh Military Commander, Maj. Gen. Endang Suwarya, is the military ruler.
Under martial law, the military commander is vested with maximum powers to crush the rebels, said military analyst Kusnanto Anggoro.
Law No. 23/59 on State Emergency says the powers include the right to impose a news blackout; a ban on the production and distribution of explosive materials; to confiscate and destroy personal letters; to move, detain and ban people from coming to or leaving Aceh; to close public or private facilities; to detain people for 20 days and to impose forced labor.
However, Kusnanto said that not all of these could be implemented in Aceh.
Currently, the central government is preparing directives that will be used by the Aceh military commander as guidelines to implement martial law.
"The directives will be issued soon," said Kusnanto, who is close to military circles.
The directives are being prepared by the offices of Coordinating Minister for Security and Political Affairs, the Coordinating Minister for Social Affairs and the Coordinating Minister for the Economy. The three senior ministers are part of an executive board in charge of day-to-day operations of the martial law under the President.
Kusnanto shared Hendardi's concern that people's rights, notably the right to information, would be curtailed under martial law.
He said potential abuse of power was imminent as the powers that were vested in the Aceh military commander were almost unlimited and he was not accountable to anyone.
Given the potential threat to human rights, Hendardi said he opposed the imposition of martial law and suggested that the warring parties hold more dialogs.
Separately, Minister of Home Affairs Hari Sabarno said that the government would empower civil servants in Aceh, who were not able to perform their function due to the prolonged conflicts in Aceh.
Hari estimated that currently about 30 percent to 40 percent of Aceh civil servants did not work.
"If they continue not to report to work, the government is considering replacing civil servants with retired military officers," Hari said.