No plan to revive rights of ex-PKI cadres

Indra Harsaputra and Muninggar Sri Saraswati, The Jakarta Post, Jakarta/Surabaya

The historic verdict by the Constitutional Court to scrap a ruling which prohibits former members of the outlawed Indonesia Communist Party (PKI), or their relatives, from contesting in April's legislative election has not moved the government to dismantle decades-long discriminatory rulings against them, a minister pointed out on Friday.

Minister of Justice and Human Rights Yusril Ihza Mahendra said the government had no plan to scrap discriminatory laws, or governmental regulations imposed against PKI members.

"I don't know. There's never been discussion about it (within the government)," Yusril said in his office on Friday.

He explained that the Constitutional Court on Tuesday only annulled Article 60 (g) of Law 12/2003 on legislative elections, which bans former PKI members from being elected as legislators. The ruling was effective from Feb. 24.

"Other legislations related to the issue remain effective. We've never had any talks (about its possible retraction)," the professor of constitutional law explained.

The legislations, Yusril defended, were still relevant. He rejected accusations that they were discriminatory.

"Discriminative is not the right word," he insisted.

Yusril refused to answer a question about the government's position on the possible rehabilitation of former PKI members. Most of them were imprisoned or exiled to Buru Island in Maluku without trial following the alleged abortive coup by PKI in 1965, which brought former president Soeharto to power replacing Sukarno.

The Supreme Court issued a letter last year, asking the government to decide whether it would rehabilitate former PKI members. The letter was made following requests from PKI members to the court.

Asked whether the Cabinet had ever talked about the issue, Yusril answered:"I don't know. Don't ask me. There's never been any such talk."

Yusril is also the chairman of the Crescent Star Party (PBB), which opposed the Constitutional Court's ruling.

Historians, rights activists and former PKI members have called on the government to scrap dozens of existing legislations, which discriminate against former PKI members and their offspring.

In Surabaya, former PKI members Adam Supardjan and Haryono Soemedi also expressed expectations that the authority would end discriminatory legislations against them.

"Other legislations that limit our rights as citizens must also be scrapped," Adam, 77, said.

Haryono agreed, saying that former PKI members should have the same political and social rights as other citizens in the country.

"We are also Indonesia citizens. We demand the same political and social obligations just like other citizens. If the government requires us to pay taxes than they must allow us to become civil servants," he said.

The state still bans the participation of former PKI cadres in the presidential election as stated by Law No. 23/2003.

The Provisional People's Consultative Assembly's (MRPR) Decree No 25/1966 outlawing PKI as a political party and any activities disseminating or developing Communist, Leninist and Marxist teachings in the country, remains intact.

Governmental regulation No. 6/1976, which bans members of PKI and affiliate organizations from civil and military services, is also still effective.