Theresia Felisiani, Jakarta – Coordinating Minister for Security, Politics and Legal Affairs (Menko Polhukam) Wiranto has guaranteed that any legal measures taken by the government based on recommendations by the recently formed legal assistance team will be clear and measured.
He also gave assurances that through this team the police will be able to take action against figures that plan to commit makar (treason, sedition, subversion, rebellion) even though it has not happened yet.
“Clearly all these figures are constantly making incitements. Actually there are already regulations and punishments but it has never happened in Indonesia. For example there are people planning rebellious acts against the state through mass mobilisations.
This can already be defined as makar, so the Constitutional Court has conveyed that for the crime of makar to have occurred the legal construction does not need to be complete.
Planning, inciting and making preparations can already said to be makar”, said Wiranto when opening the 2019 National Coordinating Meeting of the Integrated Team for Handling Social Conflicts at the Paragon Grand Hotel in West Jakarta on Thursday May 16.
The legal assistance team has already proved itself – as a result of its studies several figures have already been reported and must now be legally processed.
“I asked for help from the legal experts [I’ve] already gathered. I [asked] please help studying it, is it possible that it’s a legal violation or not. The evidence being that we have already been able to process Eggi Sudjana. Kivlan Zen, Permadi is currently waiting.
Who else? So if you don’t want to have to deal with the police don’t speak carelessly. If [you] talk carelessly, you might avoid dealing with the police but your remarks have already spread far and wide”, said Wiranto.
Finally, Wiranto also denied that the team is the same as the Operational Command for the Restoration of Security and Order (Kopkamtib) during the era of the New Order of former president Suharto. Rather said Wiranto, the team is a provider of input to the police to take action in cases which truly need legal consideration.
Wiranto’s decision to form the legal assistance team has indeed attracted a great deal of criticism. The team, which was formed on May 8, will serve until October 31.
The team’s three principal tasks are first, to conduct studies and provide legal assistance related to statements and actions which violate the law post the April 17 presidential and legislative elections in order to determine if legal action can be taken or not.
Second, to provide recommendations to law enforcement officials to follow up on the legal studies by the team in accordance with their authority.
Third, to convey developments on the implementation of the team’s duties to Wiranto as the director of the body.
“Some have said that Pak [Mr] Wiranto wants to return to the Dutch colonial period, that’s funny. Yet the government’s actions will be based on the law and not be arbitrary”, said Wiranto at the Paragon Grand Hotel Thursday.
“I couldn’t care less about what’s being said, let them talk. There are no laws which prohibit the Menko Polhukam from forming a legal assistance team, it may well be.
This team isn’t spying, there are those who say this too, Wiranto is acting like the New Order, not doing his job properly”, he explained.
Wiranto explained that through the legal assistance team legal measures can be enforced and can reduce misunderstandings.
Based on suggestions by the legal assistance team members, who are made up of legal experts, the government can take measured legal steps.
Based on the team’s views, the national police can now act against figures that are assessed to be inciting people to use people power or intend to commit makar.
“With the existence of the legal assistance team the legal measures [taken by the government] will be clear”, he added.
Notes
Police investigators are currently studying a police report of alleged treason against several prominent figures including National Mandate Party (PAN) leader Amien Rais, fugitive Islamic Defenders Front (FPI) leader Rizieq Shihab, hardline cleric Bachtiar Nasir and lawyer come Islamic activist Eggi Sudjana. All four were reported in relation to alleged calls to mobilise “people’s power” against the government by supporters of presidential hopeful Prabowo Subianto if the result of the April 17 simultaneous prudential and legislative elections, which the General Elections Commission (KPU) is due to announce on May 22, are not in his favor.
Kopkamtib – The Command for the Restoration of Security and Order (Komando Pemulihan Keamanan dan Ketertiban) was a pervasive security network which acted as a secret police force setup by then General Suharto in 1965-66 to oversea the arrest and trials of September 30 Movement (G30S) and Indonesian Communist Party (PKI) prisoners.
[Translated by James Balowski. The original title of the article was “Soal Makar, Wiranto: Kalau Tak Mau Berurusan Dengan Polisi Jangan Ngomong Macam-macam”.]
