Contents
 law


Letters
  No. 52/IV/August 31 - Sept 06, 2004

Letters

A Questionable Coalition

In an article titled Coalition of the Wanting, TEMPO (August 30, 2004) criticizes the formation of the National Coalition because its program “…resembled more a New Order plan to mobilize support than a people’s consensus on the direction the nation should take”. And it concludes that “This paradigm contradicts efforts to build a true democratic system.” In fact, I couldn’t agree more with TEMPO’s concerns and criticism. However, it seems to me that TEMPO is not really concerned about what the outcomes of the so-called National Coalition might be, as long as President Megawati can remain in office for another five years. The kid-gloves reporting by TEMPO (and some other media) about Megawati’s poor leadership proves that.

Since I have lived in Jakarta for 12 years already and have followed the political scene in Indonesia very carefully, I must confess that I am very concerned about the possible outcomes of the National Coalition.

Firstly, it is a fact that during the past years corruption in Indonesia has worsened. The question arises therefore, how such a National Coalition could possibly fight corruption, as it can be assumed that each of the big parties would cover up the other’s offence true to the maxim “Dog won’t eat dog”?

Secondly, what about reformasi? The people shouldn’t even dream of it, because the elites of the National Coalition are aware of the fact that real reform efforts could seriously hurt their personal interests.

Thirdly, the Megawati administration has provably failed to improve law enforcement. So, is there any hope that judicial corruption can be stopped by a National Coalition under the leadership of the present government?

Fourthly, I am very worried concerning the freedom of the press and the freedom of expression. President Megawati has too often shown her inability to deal with public criticism. Seven student-protesters and two editors of the Rakyat Merdeka daily have been sentenced for insulting the president. And how could the Press Law enacted in 1999 not prevent a scandal like the “Tempo Affair”, which I call an example of injustice? I am afraid that a National Coalition administration will take away press freedom, slowly and surreptitiously.

At the April 5 legislative election, a huge number of former PDI-P voters changed their minds and voted for Golkar, mainly because they were fed up with the poor performance of Megawati’s government. But now, after the announcement of the National Coalition, those voters have to deal with Akbar Tandjung’s order to support Megawati’s re-election. Mustn’t they feel duped?

The results of the April 5 legislative election and the July 5 first round of the presidential election have shown that the majority of voters are more mature and rational than the political elites expected. Voters nowadays want to make their own decisions instead of blindly casting their votes according to the orders of their respective central, provincial, regional or village party leaders.

The voters have the choice between two opportunities: They can take the risk and vote for change, or they can vote for a “democratic” New Order style of government.

For the sake of Indonesia and its people, I can only hope and pray that the voters will make the right choice.

HILDE MAY
Jakarta


Judges Attitude in Court

I would like to give additional comment on the letter A Wiranto Lawyer Responds published in TEMPO, August 24-30, 2004. The letter was written by Zulhendri Hasan, S.H., M.H., one of Wiranto-Wahid’s legal advisors, (as the plaintiff) who charged the General Elections Commission (KPU) (as the accused) for the couple’s vote result in the first round of the presidential election on July 5, 2004. If I’m not mistaken, he was disappointed with TEMPO’s report on the trial process as being unbalanced.

My comment would emphasize on the judges’ role and attitude during trial in our courts in general. It is connected with the judicial system that we have now. Our judicial system makes it possible for the judges to be very active and aggressive in questioning the defendant. Even, in many cases, it is hard to remove the notion: “something happens” first behind the trial.

The judge’s question can be graceful and comfortable to the defendant; or the contrary, a judge can be “crueler” than the prosecutor. We seldom see a qualified debate between the prosecutor and the attorney in a trial.

I imagine the American movies that show the trial process and the judicial system in that country. There, a trial is only lead by one judge who looks very confident, fair, and wise. During the trial, the prosecutor in the name of the state can prosecute a defendant to the utmost, while the defendant’s lawyer will defend him or her to the bitter end. The judge will lead the “show” according to laws and procedures, being fair, and not taking sides. If necessary, the judge will call the prosecutor and the defense lawyer to approach him to discuss something, without being heard by other people. The prosecutor and defense lawyer really obey the judge in a trial, because the judge will only maintain the trial process to be conducted in an orderly and right manner.

The American trial will be witnessed by 12 jurors appointed by the court. These 12 are the ones who will finally decide the verdict.

It would be better if our judicial system adopts the American judicial model, to replace the system that we use today, which is the legacy of the Dutch judicial system. I’m not saying that my suggestion is original and new. Because, there are other people who already pointed out the weaknesses of our judicial system: prone to corruption, long-winded, and expensive. Instead of only copying the American Idol into the Indonesian Idol, why don’t we copy their judicial system as well?

JUGIA WAHAB
Jalan Mampang Prapatan XVIII/17
Jakarta 12760


Removing Tjut Nja’ Dhien

We really appreciate the good will of President Megawati Sukarnoputri who offered to remove the grave of Tjut Nja’ Dhien in Sumedang, West Java, to Aceh. This wish was conveyed in her speech in Banda Aceh, August 19, 2004.

But, the good will does not have to be implemented in haste. If the plan is intended to honor the heroes from Aceh, then it can be done in other ways. The more urgent matter is to restore or move the sites and the graves of the Acehnese heroes in Aceh itself to make them more decent.

Because, Tjut Nja’ Dhien’s grave in Sumedang is still in a better condition compared with the military graves in Aceh. As an illustration, a friend from Jakarta wonders why the “Kerkoft” Cemetery, the graves for the Dutch Army, looks better and neater than the grave of Sultan Iskandar Muda, which is situated just across from the Aceh Governor’s Hall.

I made several pilgrimages, visiting Tjoet Meutia’s grave in Krueng Peutoe, North Aceh. The condition is really poor. Tjoet Meutia’s grave, situated across from Tengku Seupot Mata’s grave, is only marked with a pile of red soil and a headstone.

Along with the Iskandar Muda Nature Lovers Organization (Impala), I had proposed to restore the grave. But, there was no reply. Until now, the grave of the beautiful and brave woman is still humble, and has not been restored.

T. SUHATSYAH
suhatsyah@pim.co.id


Correction from Halim H.D.

In TEMPO, August 17-23, 2004 edition, there is an atricle The Odysseus From Solo. It was written that my mother’s name is Kun Oo Nie, however the correct one is Oen Oo Nie. I was not born in Paramarayan, Serang, Banten, but in the Mangga Dua Dalam village, Lopang district (now Kotabaru district). The name of Paramarayan Village is also wrong. It should be Pamarayan, the birthplace of my five older brothers. Children number six to 10 were all born in Serang, at Gang Rendah and Mangga Dua Dalam village.

Halim H.D.
Jl. Semeru Barat Utama 23
Ringin Semar, Solo-57128
halimhade@yahoo.com
Thank you for your correction.—Ed.


ERRATUM

In the article Champion of Sundanese Arts (TEMPO, August 17-23, 2004) there was an error. It was written, “At the end of 2002, along with his friends, Liang Tze Hai and Ibu Lim Chay Hin, he founded traditional arts-training center Padepokan Pasundan Asih.” The correct date was at the end of 2000.

In TEMPO, August 24-30, 2004 edition, there was also an error in the article When Money Talks. It was written, “Hartati also said that she did not donate for Megawati, even though she was elected as a House of Representatives (DPR) member from East Java from PDI-P.” The correct version should be, “…even though her husband was elected as a House of Representatives member from East Java.” Our sincere apologies to all those concerned—Ed.




 



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