Rights activists pressure govt on subversion law
Rights activists pressure govt on subversion law
JAKARTA (JP): Top human rights activists stepped up their pressure yesterday on the government to scrap the controversial subversion law.
Baharuddin Lopa and Muladi, both members of the National Commission on Human Rights, dismissed the law as "outdated and unsuitable to the spirit of democratization".
"Just like an old shirt, the subversion law is badly worn out and has too many holes to wear. It would be better for the owner to dump it and buy a new one," he said in a seminar.
The seminar opened by Minister of Justice Oetojo Oesman also featured law expert Mulyana W. Kusumah and legal observer Hartono Mardjono.
The rights commission on Feb. 6 recommended that the government drop the law which it adopted in 1963 to safeguard the integrity of Indonesia.
It cited three reasons why Indonesia no longer needs the law, which was passed without the House of Representatives' approval. Firstly, the law contradicts existing laws and the process of democratization that the country is pursuing.
Secondly, said the committee, the law encourages the violation of human rights because it is in conflict with other laws. Thirdly, the law is too general in nature, which allows the government to arbitrarily interpret its contents.
"The subversion law can be used to punish people whose ideas are different from those of the government. It allows prosecutors and judges to act as if they can read the accused's mind," he said.
Numerous government and military officials have publicly rejected calls to drop the law, which they believe is still necessary to the nation's unity.
More neutral parties in the debate propose a compromise, suggesting that the law be revised and updated.
Muladi, however, insisted that the law be scrapped. The law was a presidential decree and is therefore unconstitutional, said Muladi, who is also the rector of Diponegoro University in Semarang.
It is unacceptable because its general nature allows the government to bring subversion charges against anyone it considers a threat to the nation, he said.
The language of the law -- which refers to perverting facts, undermining and sowing hatred as well as encouraging disintegration -- is mostly vague and uncommon in Indonesian laws.
Responding to Muladi and Lopa, minister Oetojo said that if the law is eventually scrapped, some of its elements should be included in the new criminal code, which is being revised.
"Legislation intended to safeguard national unity is still needed. Every country has its own internal security act," he said.
Subversion is always a possibility, he said, adding that there are international organizations which can be paid to undermine governments.
"The organizations act like public relations organizations or production houses which disseminate pamphlets, press releases or design actions aimed at undermining a country," he said.
The one-day seminar was co-organized by the Antara news agency, Republika daily, Center for Information and Development Studies and the Indonesian Bar Association. (imn/pan)