Thu, 31 Aug 1995

The judiciary and our sense of justice

In the din of the 50th anniversary of Indonesia's independence and various other big events, it is understandable that the verdict pronounced by the Central Jakarta district court on Danang Kukuh Wardoyo has escaped our attention.

However, it seems difficult for our sense of justice to allow the incident to pass without further notice. Danang Kukuh Wardoyo, 19, a house servant at the Alliance of Independent Journalists (AJI) was sentenced to 20 months in prison, minus the time he has spent in detention.

The court pronounced him guilty of helping to sow hatred against the government, as defined in Article 154 of the Penal Code, which, since colonial days, has been considered controversial in nature and is known as the "Hate Sowing Article".

What does that fact, that our country is a state based on law rather than on power, mean? It means that everything -- especially things involving human dignity and human rights -- is determined on the basis of the principles of the law, rather than those of power. The courts are where laws that support the principles of truth and justice are upheld.

It is a common occurrence everywhere that legal cases also get to contain elements of politics. It is particularly in such cases, however, that those who seek justice expect court trials to be conducted on the basis of principles and in the spirit of the law. Elements of politics should not be allowed to enter.

It is such cases that test the integrity, the credibility and the authority of the judiciary.

-- Kompas, Jakarta