Hestiana Dharmastuti/Fitri & BI, Jakarta – President Abdurrahman Wahid's end year report card is apparently full of bad marks. The Jakarta Legal Aid Foundation has slammed Gus Dur – as the president is known – for unsuccessful leadership throughout the year 2000 and for manipulating the law to protect the powerful under former regimes.
The Jakarta Legal Aid Foundation (LBH Jakarta), in its end of year report underscored the President's inability to uphold the law. In their estimation, the President had further developed the 'subjective' aspects of the law and concluded that the law would be further manipulated and misused, if applied at all, throughout 2001.
LBH Jakarta's Year End Report was presented to journalists by Director Irianto Subiakto SH at his office on Jl. Diponegoro, Jakarta, Friday. "It could be said that legal affairs throughout 2000 faced death," said Irianto.
LBH underscored that this situation was inextricably tied to the political tug of war currently underway between the President and government and their rivals within the political elite.
The House of Representatives and People's Consultative Assembly tended to prioritise strengthening their position instead of initiating positive and constitutional changes, he said.
LBH also lamented that Gus Dur's administration had not brought about the significant changes many had initially hoped for in the aftermath of the fall of former dictator Suharto. The President, they said, had not been able to exert control over the pillars of Suharto's New Order regime, the economy and security forces, and claimed they were still largely in the hands of the old regime.
On the issue of the law being developed to represent subjective interests, LBH also said the President was aping the ways of the New Order regime. "Unfortunately, Gus Dur's government is joining New Order politics," said Irianto.
This could be seen from legislation produced during Gus Dur's term in office, such as legislation on human rights trials, anti corruption measures or controversial People's Consultative Assembly Decree which maintains a military presence in the House and Assembly.
These pieces of legislation were deeply flawed and actually functioned to protect those implicated in crimes against humanity and the state.
The LBH Jakarta also pointed out that the Attorney General was largely to blame for the poor state of the law in Indonesia because, when prosecutions were attempted, they had failed in almost all instances, such as the prosecution of Suharto and his youngest son 'Tommy' for corruption and numerous human rights cases.
The selection of a new Chief Justice of the Supreme Court had also been politicised to the point where the President refused to appoint one of the two candidates proposed by the House because of the candidates' links to the New Order regime.
Predictions for 2001
LBH predicts that upholding the law and promoting human rights, democracy and reconciliation will suffer further setbacks in the new year, particularly if the government continues to use a repressive approach to maintaining security, law and order.
"Democracy will also be obstructed if citizen's rights are not protected by law," said Irianto. As for the economic recovery, LBH advises the government not comply with guidelines proscribed by the IMF and World Bank which only sacrifice the already impoverished workers, farmers and destitute.
Therefore, LBH has urged the government and House to ratify the international convention on economy, culture, and social rights. In addition, the government needs to ratify UN General Assembly resolution No. 2200 dated 16 December 1966 and international convention on civil rights and politics as a stipulation of positive law.
Throughout 2000 alone, LBH Jakarta has taken in 20,252 clients from 1026 cases: there are 371 labour cases, 232 civil and political cases, 186 urban poor cases and 237 special cases. Special cases include gender and 11 childrens' rights cases. In comparison to 1999, cases handled by LBH throughout 2000 have actually decreased.