Not Even SBY Is Above the Law

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Not Even SBY Is Above the Law
Yohanes Sulaiman | June 14, 2012

With a national consensus both that rules are made to be broken and that the ends justify the means, there is simply no need to pay close attention to the details’

Earlier this month, the Constitutional Court ruled that the appointments of deputy ministers made last year by President Susilo Bambang Yudhoyono were illegal because the law used to justify the appointments was unconstitutional.

A presidential decree has since been issued to reappoint the deputy ministers, but the ruling reflects badly on Yudhoyono’s presidency, as it makes one wonder if this administration is truly competent in legal matters.

The ruling also shows that 14 years after the fall of Suharto, Indonesia still has a long way to go in strengthening both the rule of law and the concept of legitimacy in government.

For many Indonesians, it seems that the question of legality is always an afterthought, and not something to be taken seriously. This is a direct result of Indonesians’ daily struggle with red tape; that in order to interact with the government, they have to deal with bureaucratic procedures that make things more difficult rather than easier.

In order to cut through all of the red tape, people turn to bribing officials.

Paying a bribe is so common that a clean and incorruptible official such as Solo Mayor Joko Widodo, currently a candidate for the governorship of Jakarta, is seen as an anomaly. People are genuinely surprised when civil servants refuse to accept bribes.

With a national consensus both that rules are made to be broken and that the ends justify the means, there is simply no need to pay close attention to the details. The law is seen as an afterthought; it is expected that anything can be conveniently swept under the rug with enough improper payments.

The legal travails of Yudhoyono’s government are the symptoms of this national disease. The government has been outwitted a number of times by noted legal scholar Yusril Ihza Mahendra since the beginning of the president’s second term.

When Attorney General Hendarman Supandji first indicted him, Yusril managed to successfully question Hendarman’s legitimacy in his role. That led to the Constitutional Court declaring Hendarman’s position and his decisions void.

Since then, Yusril has become a bit of a legal pest, succeeding in making life difficult for Yudhoyono’s administration. Many people believe that that is the reason why the government stopped its investigation into Yusril’s alleged corruption during his tenure as the justice and human rights minister. Many think that by halting the investigation, Yusril will get off Yudhoyono’s back.

Yudhoyono would have avoided the entire headache had the government been more diligent in researching the legal justifications for its actions. The administration could have trained or recruited more people with strong legal backgrounds. Perhaps more importantly, the administration should have taken legal matters more seriously by tackling many of the Constitution-breaking regulations, notably the proliferation of religious-based local ordinances.

Yudhoyono could have achieved more had he decided to govern based on the letter of the law and not through political expediencies, as Adnan Buyung Nasution, also a noted legal scholar, notes in his new book, “Advice for SBY.”

While some of Adnan’s pieces of advice aren’t politically convenient, like his push to bring late former President Suharto to trial, the book is revealing in that it shows how many of Yudhoyono’s decisions are made very slowly, with the fear of making new enemies, rather than the desire the follow the letter of the law, his main consideration.

This brings us back to the problem of the legality of the appointment of deputy ministers.

As a face-saving measure, the Constitutional Court suggested that Yodhoyono reappoint the deputy ministers by using the presidential decree — which he did. It probably would have been better for the president to go back to the drawing board and ensure that his decisions are backed by the law. This will save him some grief in the long run.

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zerodiversity

11:45am Jun 14, 2012

I think we all know by now that Pak SBY is more interested in securing favors/benefits for his party rather than doing what is necessary for the country. He is already putting his mind in the upcoming election and how his party can secure power position despite him being done with his 2 terms.

JohnGalt

12:23pm Jun 14, 2012

As you say Yohanes, SBY and the rest of the politicians feel they are not necessarily above the law but that it is theirs to selectively utilize when expedient. Cronyism, fear of upsetting people and just plain avarice is the order of the day with the rule of law coming second or third.

With the national examples set at this level, is it a surprise that mobs take the law into their own hands? that radicals and hard liners rule the streets and that more and more Indonesians are feeling disenfranchised at almost every level and no longer care about the rule of law or the constitution as long as they can get through one more day and prepare for the next?

This government has set the country back so far that it will take decades to repair it, sacrificing the social wellbeing of the people for the supposed economic development of the country that still only benefits a few and leaves the rest battling to survive.

Pelan2

12:35pm Jun 14, 2012

The election is 2 years off. As we know, even 2 days is long in politics.

The only chance that Partai Demokrat can have some credibility during the next campaign is if the President have all of the top figures in the party arrested and jailed, not only Angelina. Not sure if that's going to happen though. Still feel that Prabowo has the best chance of the lot IF he can be perceived as someone who can clean up this mess. Keeping in mind recent surveys on the popularity of current and previous presidents, a certain Mr, Suharto came up tops!!!!! Why? people had jobs, the country had growth, no FPI, no bloody loudspeakers from the mosques. People seem to longing back to those days minus the negatives....

exbrit

5:39pm Jun 14, 2012

What law? The bought and paid for one?

Yohanes-Sulaiman

8:44am Jun 15, 2012

Dear all: thank you for your kind comments. I agree with all your comments, especially Pelan2 is raising a great issue regarding the constant popularity of Suharto. Yet, sadly, under him and Sukarno, the rule of law is undermined as both ruled by fiat, "whatever I want, so it shall be," without setting up the legal basis/foundations -- though the trend, I think, worsened after the fall of Suharto with many of the rules and regulations have to be reexamined.

I think the biggest travesty of the reformation era is in the lack of progress in setting up the proper rule of law that govern the relationship between state and people, central and regional governments, etc. with executive, legislative, and judiciary are more interested in playing politics than govern.

It is not a surprise that people in the end are pining for the good old ordered days of Suharto, regardless how misguided it is.

ambiga

9:00am Jun 15, 2012

wonder if the same circumstances had happened in Malaysia n singapore, would those Mahathir+cronies and Lee/Lee be above the law? answers any one?

Yohanes-Sulaiman

9:36am Jun 15, 2012

@Ambiga: Lee Kwan Yew rules the state autocratically, but at least he knew how to set precedents/rules/regulations that had to be obeyed by everyone. That, I think, is the main reason why Singapore, in spite of its authoritarianism, is a magnet for investment from all over the world. Well, we can make an arguemnt that Singapore has its own self-enriching elite, e.g. on their high salaries, at least though, they tried to have a legal basis/foundation in order to set it. Malaysia, on the other hand, has a stronger legal system compared to Indonesia, but much weaker compared to Singapore, with erratic BN government. Don't think anyone dare to touch the corruption of BN there.

ambiga

9:43am Jun 15, 2012

How about corruption with NKF Scandals in singapore?

Pelan2

10:18am Jun 15, 2012

@ambiga - the big difference is that, in Singapore,no matter how high ranking you are, the law will be applied in full force and everybody knows that. Ref recent cases of the arrests an pressing of charges against the previous heads of CNB & SCDF. If the same principle of law was applied here it would be very good. To be able to charge, prosecute and convict one need to have a good legal system in place and that is sadly lacking here. That is why you end up with people being randomly sentenced to e.g. 3 months for stealing an apple and 6 months for murder.

@Pak Yohanes, thank you for another spot on article. Sad but true, in countries where a few have a lot and many have little, the political winds of change does quite often go from one extreme to another. I believe most Indonesians had high hopes after the summer of 98 and were ready to embark on a new road forward. Today, many are of the opinion that their high hopes have constantly run into road blocks which is the real reason why Pak Harto is topping the Top 6 charts. People want stability, jobs that can make them care for their families, educate their children, remove radicalism on both sides. I therefore believe that even a controversial candidate with a checkered background can emerge as winner in 2014, as long as he can be perceived as one that can clean the house and move the nation forward..

DrDez

10:51am Jun 15, 2012

you just keep in banking off... when will you stop your idiotic posts?