Aleksius Jemadu, Bandung – The political impact of the acquittal of former top spy Maj. Gen. (ret) Muchdi Purwopranjono of all charges in the murder of human rights activist Munir Said Thalib will damage the public's sense of justice.

As it turns out, more than 10 years of democratization has not changed our basic attitude towards human rights. As a new democratic state, Indonesia is not yet at peace with its own past.

There is clear evidence that both the Indonesian Military (TNI) and civilian leaders who hold strategic positions within the government have developed a tacit agreement that all past violations of human rights be dealt with in such a way so as to uphold the dignity of the TNI and its former leaders.

As a retired general, President Susilo Bambang Yudhoyono finds himself in a difficult situation. As a matter of fact he has strong popular legitimacy as the first president elected directly by the people. However, it took some time before he decided to use his presidential influence so the investigation of Munir's murder could reach prominent figures from the State Intelligence Agency (BIN).

As it has turns out, SBY does not seem to have the courage nor is he willing to risk violating the tacit agreement that has characterized the way Indonesia has dealt with military crimes in the past. It should be noted that under President Megawati Soekarnoputri, SBY was the coordinating minister for political and security affairs, whose responsibilities included the implementation of martial law in Aceh that led to unpublished violations of human rights.

In the lead up to the 2009 elections, SBY wants very much to appear as a real reformist and does not want to be troubled by those who question his moral credentials. According to media reports, SBY will summon the National Police chief and attorney general for clarification of Munir's case and the verdict.

Although SBY's reaction can be seen as a sign of seriousness in the handling of this issue, it is not clear what the president, as an executive branch of government, can do to restore the justice that has been damaged.

It is interesting to note that during the trial, Muchdi always claimed he was a "victim of foreign intervention". Muchdi's nationalistic rhetoric is a typical self-defense mechanism common among former TNI leaders who reject the notion of the universality of human rights. It is speculated that had SBY gone all out in the prosecution of the Munir case, he would have been accused of being unnationalistic not only among his fellow generals but also in the eyes of the TNI as an institution.

Political contestation between a pragmatic state led by military and civilian leaders who were once part of Soeharto's authoritarian regime and civil society organizations with their cosmopolitan idealisms will continue to characterize Indonesia's democratization in the coming future.

The dynamics of such a contestation is very much related to the circumstances under which Indonesia's reform movement was born. What started out as pure democratic movement led by the students has been hijacked by opportunistic leaders who are ready to bargain on everything except the emasculation of their own political power.

Munir's wife Suciwati and human rights activists from various organizations are in a political battle not only against Muchdi as an individual but also a network of political establishment with an extensive influence upon all branches of government. There is not much civil society can do to weaken the power of that network.

However, let us not lose hope easily. There are also signs that the power of the voters will eventually prevail. The decision by the Constitutional Court that the legislative seats only be granted to the candidates who secure the most votes in the elections should be welcomed with enthusiasm.

On top of that, there are certain individuals within military and government bureaucracies whose democratic credentials are beyond doubt. Civil society organizations, including NGOs, the media, and academics, have the task of supporting them and publicizing their noble characters and good conduct as part of public education that they deserve popular support. The old established military and bureaucratic power should be counterbalanced by the network of genuine democratic forces.

At the end of the day, as the people become increasingly critical in their voting behavior all the bad politicians will be selected out. We leave it up to SBY himself to decide whether he wants to continue to be part of the old established forces or emerge as the champion of reform movement worthy of winning the second time the popular mandate in the coming presidential election.

[The writer is a professor of international politics living in Bandung.]