PDI-P casts first stone at unloyal legislators

PDI-P casts first stone at unloyal legislators

Fabiola Desy Unidjaja and Agus Maryono, The Jakarta Post, Jakarta/Banyumas

The Indonesian Democratic Party of Struggle (PDI Perjuangan) will
replace over 20 lawmakers from legislatures across the country
for various reasons, including defying the party's order, a party
spokesman said on Tuesday.

However, PDI Perjuangan deputy secretary general Pramono Anung
added that legislative members critical of President Megawati
Soekarnoputri's policies would not necessarily be fired. Megawati
is the party's chairwoman.

Terminating critical legislators from their posts was a common
practice during the leadership of former dictator Soeharto to
silence his opponents. Such draconian measures, however,
supposedly came to a halt after Soeharto fell from grace in May
1998.

Laws on political parties and the composition of the House of
Representatives (DPR), the Regional Representatives Council
(DPD), and the People's Consultative Assembly (MPR), both
endorsed in 2003, reinstated a party's rights to replace
lawmakers.

During Soeharto's New Order regime, a similar law was used by
party chiefs to dismiss legislators who expressed any sort of
opposition to party or government policy.

Political party's right of recall, or power to replace
legislators, was scrapped at the dawn of the prodemocracy reform
movement in 1999 as many considered the mechanism a means to
silence any expression of opposition.

The argument was that legislators were elected by the people,
and it was the constituents that had the right to dismiss their
representatives from legislative body not the party leaders or
the president of the country.

Due to various complaints from political parties, about a lack
of a legal mechanism to discipline defiant members, the right of
recall was reinstated into the political party law.

Endorsed this year, the law stipulates that a political party
has the right to dismiss its legislators from any legislative
body in the country.

Unlike before, when legislators were often recalled at the
whims of party leaders, the General Elections Commission (KPU)
now has to verify a political party's request to recall its
representatives in the House or provincial legislatures.

Pramono claimed on Tuesday that the step backward from the
ideals of the democracy movement was not meant to gag critical
members.

"We will not recall those who are vocally critical in voicing
people's aspirations as we consider them as party assets,"
Pramono said.

He added that PDI Perjuangan would recall those who had set up
their own parties or had been dismissed from the party for other
reasons.

Under such a criteria, only Dimyati Hartono would be recalled
from the DPR. Dimyati quit some time ago due to her stand on a
number of issues that clashed with party policies, specifically
Megawati's demand that everyone support Jakarta governor
Sutiyoso's election bid, and now has set up a new party.

Other PDI Perjuangan legislators/councillors that will be
recalled come from Jakarta, Lampung, Surabaya and other areas.
They are accused of defying Megawati's orders to support the
candidate of her choice in elections of regents or governors in
their respective regions.

PDI Perjuangan Banyumas branch in Central Java had planned to
recall 11 of its 19 councillors from the party, while Cilacap
planned to recall four of its eight councillors.

"We'll fire those councillors because they are no longer
members of PDI Perjuangan, so we have to replace them with other
people who are loyal to the party," Pramono said.

2. 2x27

Lawmakers divided over
education of justices

The House of Representatives (DPR) special committee deliberating
the constitutional court bill remains divided over the
educational background of justices appointed to the court.

Committee deputy chairman Zainal Arifin of the Indonesian
Democratic Party of Struggle (PDI Perjuangan) said Tuesday the
committee had split into two groups, with one insisting that only
law graduates had the chance to sit as justices in the court,
while the other maintained that statesmanship was more important
than educational background.

"We have not yet reached an agreement on that issue," Zainal
told The Jakarta Post on Tuesday.

He emphasized that the issue of educational background was the
only issue dividing committee members.

The members, according to Zainal, had already accepted the
composition and authority of the planned constitutional court as
spelled out in the newly amended Constitution.

The planned constitutional court would have nine members, with
the authority to dissolve a political party, settle election
disputes, resolve disputes between state institutions, review
legislation and determine whether or not the president had
committed a wrongdoing.

The president, House, and the Supreme Court will each appoint
three justices to the constitutional court.

All factions also agreed that the constitutional court would
not function as a court of "justice" but a court of "law" --
meaning all decisions of the constitutional court had to be based
on the Constitution and on evidence, while the justice element
would only offer a limited amount of discretion.

Separately, committee chairman Zein Badjeber of the United
Development Party (PPP) pledged on Monday to submit the bill for
endorsement on July 31 to an extraordinary plenary session, the
first to be held during a recess.

Committee deputy chairman Ali Masykur Musa of the National
Awakening Party (PKB), meanwhile, concurred with Zein, saying
that legislators would finish deliberating the bill on time.

He added that stipulations regarding the role and authority of
the constitutional court had been agreed by all nine factions.

Earlier, Minister of Justice and Human Rights Yusril Ihza
Mahendra said that the government needed more time to discuss the
bill.

The date for the establishment of the constitutional court had
been established by the amended Constitution -- Aug. 17, 2003.

Yusril, however, proposed a change to the deadline, arguing
that the time available for deliberation was not enough.

The idea to delay establishment of the constitutional court
came from President Megawati Soekarnoputri, who had earlier said
that the substance of the bill was very important and required
extensive discussion.

Zein revealed that all factions had agreed to adopt the term
"request" instead of "litigation" for anyone demanding that the
constitutional court settle a disputed election result, dissolve
a political party, follow up on an accusation by the House that
the president had committed a wrongdoing, or review existing
legislation.

He also said that the procedure would not involve litigation
but a request made by a specific group to the constitutional
court to process the dispute.

Without litigation, Zein added, there would be neither a
prosecutor nor a prosecuted party.

3. 1x30

Govt urged to reconsider peaceful solution to Aceh conflict

International pressure has been mounting of late for a peaceful
and quick settlement of the Aceh war with Germany joining in the
call on Tuesday for a return to the negotiating table.

Visiting German Deputy Foreign Minister Kerstin Muller said
she would raise the Aceh issue as well as to bring it to the
attention of the international community during the Asia Europe
Ministerial Meeting (ASEM), slated to be held in Denpasar, Bali
next week.

Dialog should be made the number one priority as only it will
solve the problems in Aceh, Muller said after a meeting with the
chairman of the National Commission on Human Rights (Komnas HAM)
Abdul Hakim Garuda Nusantara.

Both shared their concerns about the gross human rights
violations which have reportedly occurred in Aceh since the
military offensive against Free Aceh Movement (GAM) rebels began
on May 19 after a five-month truce collapsed.

Muller will represent Germany during the ASEM forum on July 24
and 25, scheduled to be opened by President Megawati
Soekarnoputri.

Abdul Hakim said dialog between the government and GAM could
prevent further abuses against civilians, who have reportedly
suffered the most during the ongoing war, but that martial law
was still legal.

"We have to admit that the government's decision to impose
martial law in Aceh was based on legal considerations. Therefore,
whether we like it or not, it can be legally executed there.

"But what we (human rights groups and the international
community) are concerned about is the impact of the policy,
namely the rights violations that have frequently taken place
since martial law was declared in the territory," Hakim stated.

Other countries like Japan and the United States have
expressed dismay over the fractured peace agreement signed in
December and brokered by a Swiss-based mediator.

Rights activists have estimated that more than 10,000 people,
mostly civilians, have been killed since 1976 when GAM was formed
to carry on Aceh's decades-long struggle for independence. Many
have been raped and tortured as the crackdown on rebels has
dragged on, they said.

Abdul Hakim made the point that Muller's visit did not mean
Germany would try to interfere with Indonesia's domestic affairs.
"We were just having a discussion to seek a solution to the Aceh
issue," he said.

The German envoy also presented Komnas HAM with newly updated
data on rights abuses in Aceh, including extrajudicial killings
and rapes.

Asked whether the German official inquired about the fatal
shooting of a German tourist, Lothar Hendrik Albert, while he was
traveling in Aceh Jaya regency, Abdul Hakim said: "We did not
specifically talk about that, but for sure the German government
appreciates our country's legal system."

4. 1x40

Witnesses say Ba'asyir advocated peaceful means

Contrary to earlier testimonies, witnesses told the treason trial
of Abu Bakar Ba'asyir on Tuesday that the Muslim cleric had not
advocated violence and acts of terror as a means of promoting his
own version of Islamic teachings.

Abdul Harris, who is a frequent companion of Ba'asyir of the
Indonesian Mujahiddin Council (MMI), told the court that ever
since his acquaintance with the cleric he had never heard him
insult anyone or call for violence.

"In fact he advised us not to resort to violence, even if all
members of MMI intended to do so. He was always telling everyone,
whether MMI members or not, to be patient in facing injustice and
oppression from the government," he said.

He added that Ba'asyir interpreted jihad in accordance with
the Koran.

Harris was one of two witnesses presented by Ba'asyir's
defense lawyers on Tuesday.

The other, Hasyim, gave almost exactly the same testimony in
favor of the cleric.

Ba'asyir is standing trial for his alleged role in a plot to
overthrow the Indonesian government through acts of terrorism and
a murder attempt on Megawati Soekarnoputri before she assumed
power.

He is also allegedly the leader of the Jamaah Islamiyah (JI)
terror network, which the police believe masterminded a string of
bombings across the country, including the Christmas Eve church
bombings in 2000 that left 19 people dead and the Bali blasts in
October 2002 that claimed 202 lives.

If the primary charges are proven, he could face a 20-year
jail sentence.

In previous hearings, Singapore- and Malaysia-based suspected
JI members recognized Ba'asyir as their leader and his role in
the acts of terror during their testimonies presented via
videoconferencing.

Later on Tuesday, the U.S. government turned down a request
from Ba'asyir's defense lawyers to present alleged al-Qaeda
member Omar al-Faruq at Ba'asyir's trial.

In letter to judges and the lawyers, charges d'affairs of the
U.S. Embassy in Indonesia Patrick Truhn said it was not
Washington's policy to present a detainee as a witness in a
criminal case overseas.

Ba'asyir's lawyers had asked the judges to order the
prosecutors to "take into account" an attempt to bring al-Faruq
to testify before the court. Al-Faruq is now being detained by
U.S. authorities.

"He is the source of all accusations against our client,"
lawyer Mahendradatta said.

Prosecutor Hasan Madani said earlier he had written to the
U.S. ambassador on July 10 to ask for his help to bring al-Faruq
to court, but had not received a reply.

Al-Faruq is said to have implicated Ba'asyir in terror plots,
including plans to bomb U.S. embassies in Southeast Asia. Prior
to al-Faruq giving his account, Indonesian authorities had still
to arrest Ba'asyir, citing lack of evidence.

5. 2x28

RI 'observing' the situation
in Iraq, not commenting

The government has refrained from making any comment on the
establishment of an ad interim government in Iraq, saying that
the process was still under way and thus required further
observation.

Ministry of Foreign Affairs spokesman Marty Natalegawa told
The Jakarta Post on Tuesday that the government was closely
following developments in Iraq.

"We have noted the latest developments, but our position
remains that the United Nations should play a central role in the
establishment of the ad interim government," Marty said.

"Another important point is that the ad interim government
should receive the full support of the Iraqi people," he added.

Indonesia opposed the invasion of Iraq by the United States
and its allies, and demanded a greater UN role in Iraq.

Indonesia had also said that it would only recognize a
government set up with the help of the United Nations.

Iraq, which has been occupied by the United States and its
allies for the past three months, appointed a 25-member council
last week to prepare for the establishment of a new government.

The council includes 13 Shiite Muslims, five Arab Sunni
Muslims, five Kurds, one Turk and one Christian, each
representing the religious groups in Iraq.

Most Arab countries hailed the establishment of the council,
while those who opposed the Iraq war have refrained from
commenting.

"We consider the establishment of the council an ongoing
progress, and thus we need to see what will be the result of the
council," Marty said.