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Revocation of defamation articles 'a victory for Indonesia'

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Jakarta Post - July 19, 2007

Alvin Darlanika Soedarjo, Jakarta – Law and rights activists have labeled the Constitutional Court's revocation of Criminal Code articles concerning defamation against the government as a glorious achievement for human rights enforcement.

In the wake of the decision, the activists demanded that the government show its commitment to the court's verdict by facilitating the necessary changes.

"The revocation (of defamation articles) shows that the Constitutional Court is supporting democracy in Indonesia. We hope that this can create a domino effect in which various discriminating law articles would be deleted," director for legal assistance at the Foundation of the Indonesian Legal Aid Institute, Taufik Basari, said Wednesday.

The Constitutional Court ruled Tuesday that articles 154 and 155 of the Criminal Code, which criminalize all forms of defamation against the government, were unconstitutional and therefore annulled.

Taufik told The Jakarta Post that the revocation should inspire local judges to be more brave in tackling the "big fish" in politics who are deemed "invisible" because of their power and connections.

"The times have changed in Indonesia. Those deleted articles have been used to protect the colonial government and the previous Indonesian governments. It's a maturing process for the country."

Taufik said, however, that the Criminal Code final draft, which has been under revision for a decade, still includes articles 154 and 155 as well as article 134. Article 134, which criminalizes defamation against the president, has also been annulled by the Constitutional Court.

"The Criminal Code draft will be handed over to the House of Representatives soon. Now it is still in the hands of the Justice and Human Rights Ministry."

Commission for Disappearances and Victims of Violence (Kontras) impunity division head, Haris Ashar, said the revocation of the defamation articles is an achievement for human rights supporters, but suggested that it be made retroactive.

"Previous sentences in the past regarding defamation should be corrected. Progress regarding human rights was measured by changes in law, but a multitude of cases were overlooked," he told the Post.

"There should be punishment for people who have used those articles for their own benefit. Exoneration of people's names, people who have been receiving punishment because of the articles should also be followed up on." He added that those convicted under the annulled articles should receive compensation.

Roby Alampay, executive director of the Southeast Asian Press Alliance, called articles 154 and 155 backward and antiquated, saying they have no place in a modern society with aspirations for genuine democracy.

"Former president Soeharto used the crude laws to imprison his critics over three decades in power, and even after he had been deposed the laws continued to hang over the heads of Indonesians who had anything to say about government and country," Alampay said in a statement, a copy of which was made available to the Post on Wednesday.

He said the court's decision was a victory for all Indonesians and an inspiration to champions of free speech throughout Southeast Asia.

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