Tue, 06 Jun 2000

The erosion of public trust in government

Dissolution has followed every scandal, while the law is still on the side of those against change, writes noted lawyer Todung Mulya Lubis.

JAKARTA (JP): The flag raised by Abdurrahman Wahid at the beginning of his governance was one of a clean, modest and people-oriented government.

The first days in the palace were marked by the coming and goings of people in sandals, kyai (religious leaders) and priests, activists, artists and ex-political detainees.

The State Palace was suddenly no longer a forbidding place and more and more trust of what the future held came from among those who were initially skeptical of Abdurrahman's (Gus Dur) election to the presidency.

Amid sharp friction among social groups, an acute economic crisis and widespread corruption, Gus Dur was seen as a blessing which could lift the country out of the crisis.

At the same time, we were all impressed by Gus Dur's maneuvers through which he convinced almost all countries that Indonesia was their friend in need regarding economic recovery.

Months passed, and it was evident that the expectations were very high. Repression by the corrupt New Order had destroyed the nation's lifelines.

Gus Dur's government began to show troubling signs in their ability to draw up a plan of action supported by a credible team; instead we started to read the dangers of political party interests in the government offices.

Conflicts among officials were not infrequent, programs which had been agreed to were not running, while blaming each other became fodder for public consumption.

Not surprisingly, international financial institutions helping the recovery were deeply disappointed and frustrated, which led to the postponement of a new letter of intent (LoI) and the threat of postponed aid. What happened was the drop in both the Jakarta Stock Exchange Composite Index and the value of the rupiah -- and hardly any investors showed up.

Law reform has stood still. The Supreme Court and the lower courts, which are considered unclean, remain largely untouched.

The corruption-ridden prosecution has yet to be cleaned up -- while almost all requirements in the LoI refer to the urgent need of legal reform in this country as a prerequisite to economic recovery.

On the contrary, the law remains on the side of the status quo which has not favored change. Look how strong former president Soeharto is, who in the past two years has managed to hold back the legal process against himself, his family and cronies.

Look at how the prosecution and the courts have no sense of crisis, reflected in their decisions which hurt the people, by freeing those allegedly involved in all sorts of scandals, such as Bank Bali and Texmaco.

Likewise, look at how the courts through their decisions have made foreign investors shun this country, fearing arbitrary legal action against them.

Such fears have been made worse by the failure of security personnel in resolving violence-hit problem areas such as Aceh, Maluku, Papua (Irian Jaya) and many other locations.

The rise of this and that civilian troop unit with all kinds of weapons and the explosions of bombs in a number of places of worship has made the country's image even worse.

How is anyone supposed to do business when they fear violence and loss of human life every single day? Where is legal certainty when suspected provocateurs in various riots walk free?

The public's trust is eroding. It would not be an exaggeration to say that many supporters of this government are reviewing their support. Some among them have begun to keep their distance, thinking of a scenario to save themselves.

This phenomenon has been made clear through various articles and seminars, and such thoughts have become even more steadfast through each exposed scandal -- right to the latest, the Bulog affair.

How can a government bent on eradicating corruption, collusion and nepotism became so crudely trapped in similar practices?

Clearly the buying and selling of power with the people's money has not stopped; and this game of money and power is obviously so amateur, given the naivete of newcomers. The Bulog scandal has undeniably destroyed the people's trust.

Gus Dur's government must thoroughly investigate this scandal, and no one should make attempts at cover-ups or obstruction of justice. All parties should be honest and open in unraveling this tangle, so that involved parties can be brought to court.

Then Gus Dur's government should reconsolidate by establishing an administration which is absolutely clean and committed to democracy, rule of law and social justice.

No less than a working Cabinet of nonpartisan professionals -- the right man in the right place -- is one way out.