TEMPO.CO, Jakarta - Communism is still a bogeyman for some people in this nation. The ideology, which is bankrupt even in communist countries, is seen as a serious threat to the existence of the Pancasila state philosophy. The Law Commission of the House of Representatives (DPR) even felt the need to agree at the end of last month on the inclusion of two articles numbers 219 and 220 on the ban on the disseminating Marxism-Leninism in the draft of the Criminal Code.

The efforts of the Law Commission did not stop at the inclusion of these two articles. At a meeting, they agreed to expand the definition of the offense. Initially, proposed article 219 was to state that disseminating or propagating the teachings of communism/Marxism-Leninism in public either in speech or writing, through any media, with the intention of replacing the Pancasila as the state philosophy would be a crime. The maximum penalty would be seven years.

After discussions with the Law Commission, the wording changed: simply disseminating or propagating the teachings of communism/Marxism-Leninism will be a crime punishable by four years in jail. If the intention is to change or replace the Pancasila, the sentence goes up to seven years.

This is a step backwards. Indonesia could return to the New Order era, when freedom of expression and association together with people's right to information were severely restricted. This proposed article would allow the study of communism or Marxism-Leninism for research, but it does not provide any details about the limits or aims of such studies.

This proposed provision goes against legal principles, because a person cannot be punished for their thoughts, including their ideology. The wording of this article invites debate and could lead to many interpretations. For example, would every attempt to disseminate Marxism-Leninism automatically be categorized as aimed at replacing or changing the Pancasila?

The inclusion of the state ideology in the Criminal Code is a consequence of the government's decision to retain Provisional People's Consultative Assembly Decree No. XXV/1966, which among other provisions, dissolves the Indonesian Communist Party (PKI), declares it a banned organization throughout Indonesia and forbids the dissemination or propagation of communism and Marxism-Leninism because it is contravenes Pancasila. Followers of these teachings, particularly the PKI, are said to have attempted the violent overthrow of the government of the Indonesian Republic. Therefore they must be banned.

If these articles are included in the Criminal Code, it could lead to complications. The security forces, or even public organizations, could take repressive measures including breaking up discussions, banning gatherings, detaining people or banning the publication of books, using the excuse that they are linked with a forbidden ideology. Meanwhile, one question remains: what about 'Marhaenism', which President Sukarno called 'Marxism as applied in Indonesia'?

The government and the DPR need to think more clearly before implementing this regulation. This imprecise article will do more to bring about human rights violations than protect the state from an ideology that is seen to threaten Pancasila. (*)

Read the full story in this week's edition of Tempo English Magazine