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Commission on Human Rights, dismissed the law as "outdated and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)