TEMPO.CO, Jakarta - The request by President Joko Widodo to delay the passing of the criminal code bill at the end of last week is a too-little-too-late effort to respond to demands from the public. If the president is serious about listening to the aspirations of the people, he should also delay the passing into law of the revised Corruption Eradication Commission (KPK) Law, the penitentiary bill and a number of other problematic revisions.
Moreover, the deliberations of the Criminal Code bill have already been completed. Justice and Human Rights Minister Yasonna Laoly has signed his agreement to the first stage of deliberations together with the House of Representatives (DPR) Law Commission. If it insists, the House could ignore the President’s plea and still pass the bill. If that happened, many of the civil rights that we currently enjoy will be gone.
The series of new laws passed at Senayan in the last two weeks is truly concerning. In the last days of its term of office, this DPR seems to be working as if possessed to bring about its plans to change the face of Indonesia. The problem is that most of these regulations passed by DPR hobble the enforcement of the law, criminalize expression of criticism, violate human rights and provide opportunities for new corruption.
It is no surprise that a number of experts have claimed that Indonesia is returning to the New Order era. The way a number of repressive bills have been passed on the quiet and at lightning speed because they have unanimous support from the elites in the executive and legislative reminds us of the pseudo-democracy that was initiated by President Suharto in the 1970s.
The political law policy of President Jokowi Widodo also resembles the New Order, when new laws were carefully worded to provide legal protection for practices that violate civil rights. It is truly ironic to see people born of the reform process who are now in positions of power becoming the main sponsors of the return of the authoritarian era.
Alongside the passing of new laws that preserve the interests of those in power, we are also witnessing the start of the deconsolidation of democracy in this nation. One by one, the channels for people to voice their aspirations are being blocked, access to the process of legislation and drawing up of policies has been taken over and dominated by the elites, while civil society figures have been co-opted. The voice of the people has become weaker and unheeded.
Therefore, it is no exaggeration to say that the future of democracy in Indonesia is in danger. The transition from the authoritarian regime to the democratic era that began in 1998 is threatened with being rolled back.
There are still hopes that the rotting away of our democracy can be halted. One possible way is to invite civil rights activists and campaigners for change to leave the arena of power and return to the grassroots. The clear dichotomy between the rulers and the people will help the public gain a distinct impression and clearer view of the current state of affairs.
As well as this, public advocates still have one chance to change the substance of these laws that are a betrayal of democracy by asking the courts for a judicial review. Of course, they will have to be ready with strong and logical arguments, along with satisfactory evidence, so they can win in court. If these courts do not take the side of common sense, and these legal challenges fail, we will truly have completed our return to Soeharto’s New Order.
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