SBSI members file complaint

JAKARTA (JP): A delegation from an unrecognized labor union complained to the National Commission on Human Rights Tuesday about the Supreme Court's ruling to send its leader, Muchtar Pakpahan, back to jail after exonerating him of all charges last year.

Representatives of the Indonesian Prosperous Labor Union (SBSI) told commission member Marzuki Darusman that after the October ruling a number of labor activists were fired by the companies they were working for.

Marzuki welcomed the activists' complaint.

Led by Edward Marpaung and Asrijal Nur, the delegation also said it was only government officials like Minister of Justice Oetojo Oesman and Attorney General Singgih who had issued explanations of the ruling. The Supreme Court had been tight- lipped about the whole affair, they charged.

In October, only days before his retirement, the then chief justice Soerjono and a panel of senior justices decided to reverse an earlier ruling, made by Justice Adi Andojo Soetjipto, which had cleared Pakpahan of charges of inciting a massive labor unrest in Medan, North Sumatra, in 1994.

Pakpahan is currently standing trial for his alleged attempt to undermine state ideology Pancasila and the government. He is charged under the anti-subversion law which carries a maximum penalty of death.

Soerjono's ruling invited controversy because it was made following a request for a trial review by the North Sumatra provincial prosecution office. This move is unprecendented.

According to Article 263 of the Criminal Code Procedures, "only the defendant or his beneficiaries can ask the Supreme Court for a trial review."

Marzuki, a former legislator said it would have been more appropriate had the delegates taken their complaint to the House of Representatives. "Because the issues are related with (government obligation) to provide people with legal certainty," he said.

Claiming to represent all SBSI's members in Greater Jakarta, the delegation called on the commission to persuade the government to review the use of the 1963 Anti-subversive Law.

"The commission agreed the law was outdated and should be amended," Marzuki said. (08)