Thu, 01 Oct 1998

Muladi warns against subverting govt

JAKARTA (JP): Minister of Justice Muladi warned on Wednesday against attempting to secede or to topple the legitimate administration of President B.J. Habibie, saying such malicious intentions would be countered with heavy punishments.

Speaking to reporters after the monthly cabinet meeting on political affairs and security, Muladi described how the government could accept even the harshest criticism against Habibie, or demands that he or the 1945 Constitution be replaced, as proof of democracy and freedom to have differences in opinion.

However, he cited articles 106 and 107 of the Criminal Code as sanctions that would be used against those attempting to break away from Indonesia -- including those fighting for independent West Papua or Aceh states -- and for those launching systematic campaigns to unseat Habibie.

"This is not a threat, this a warning from me as minister of justice, that we abide by the existing laws. We need to ensure that no parties, in uncontrollable ways, launch activities that can be classified as makar (subversion or treachery)," he said. He was accompanied by Minister of Information Muhammad Yunus and National Police chief Lt. Gen. Roesmanhadi.

"The Criminal Code defines treachery as a crime against the state's safety. (We're not going to use the) Subversion Law (which is) already in a coma," he said, referring to the notorious law that former president Soeharto's regime used to silence critics. Habibie plans to revoke the law.

He said the Criminal Code stipulated that even an intention or the beginning of an attempt to secede was punishable by a jail term of 20 years or life.

Furthermore, "attempts to topple a legitimate government. (That's) article 107. Having intentions, agreements, plans, programs to topple Habibie's administration, or whoever, is a subversive crime, and the leader can be punished by 15 to 20 years in jail," he said.

"So we are calling on everybody in Indonesia to respect the supremacy of the law, the law that is contained in the Criminal Code ... don't allow ourselves to (inadvertently) commit crimes against the state," he said.

Muladi did not name names, but acquiesced when reporters mentioned playwright Ratna Sarumpaet -- leader of National Coalition, an association of more than 160 pro-democracy groups -- who has reportedly called for the creation of a presidium of nine community leaders to replace Habibie.

"Yes, that's why (people) should be careful," he said.

When reminded that Ratna had in fact asked the People's Consultative Assembly (MPR) to second her motion in the planned special session of the legislative body next month, Muladi said the move was "constitutional". "But if people force their will in ways which are not constitutional, I think that is treachery."

When asked about Forum Kota, an association of students from more than 30 colleges and universities in Greater Jakarta who have been outspoken in their demands for Habibie's resignation, again Muladi said that a systematic campaign to unseat the president could be considered treachery.

"But, (the demands) are still just words. (They should be differentiated) from meetings, agreements, the establishment of documents and campaigns to topple the government. That's treachery," he said.

He conceded that information on such movements should first be studied and verified.

"We can have differences of opinion ... but the law should be upheld," he said.

Later in the day, in his televised remarks to commemorate Pancasila Sanctity Day which falls on Oct. 1, Habibie reminded the nation there were no shortcuts, no matter how revolutionary, that could solve the complex problems faced by Indonesia.

"Violence and forcing one's will in an attempt to solve problems are clearly against our values and will only end up in failure," he said.

He said that history had shown time and again that national problems could only be solved through the commitment and involvement of all layers of society.

"This is why Pancasila and the 1945 Constitution should remain our references, without which we would never have been able to establish a united nation," he said, adding that the reform movement, too, should be in line with the state ideology. (swe)