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Reasoning over treason
Jakarta Post Editorial - December 6, 2016
History shows treason charges were a characteristic of the New Order, which gave no room to opposition. During that period, when stability was the mantra, a number of government critics were jailed after the court convicted them of trying to overthrow the legitimate government.
In fact, post-New Order administrations have kept the treason articles intact, although they are very rarely enforced, despite how they are vulnerable to facilitating an abuse of power. It can be said, unfortunately, that the reformasi did not make any difference when it came to the elimination of articles from the Criminal Code that allow for multiple interpretations and endanger democracy.
The reform movement that marked the start toward democratization in 1998 left the antidemocratic articles, including those on treason, untouched because of a lack of political will to repeal or amend them on the part of the ruling regimes. Also, perhaps they know treason charges are the easiest way to counterattack the opposition.
Like it or not, the use of treason charges to justify the arrest of people known for their hostility to the government last Friday has sent the wrong message: that the Joko "Jokowi" Widodo administration is departing from its commitment to democracy and human rights. The nation voted for Jokowi and Jusuf Kalla in 2014 with high expectations they could carry on the consolidation that would transform Indonesia into a full-fledged democracy.
Treason charges have served as a constant threat to freedom of speech and our hard-earned democracy simply because of the absence of clear parameters as to what constitutes the crime, which carries a maximum sentence of life. Since their inception back in the colonial era, articles on treason have been used to annihilate any effort to undermine the rulers.
Treason is commonly subject to the ruler's interpretation. One can be accused of attempting treason simply because she or she expresses disappointment with the government through calls for a regime change, which is in most cases unlikely without supporters, let alone an army.
The police's statement that the people arrested for alleged attempted treason would have mobilized the crowd attending the Dec. 2 rally to oust the legitimate government is as illogical as the suspects' dream of founding a new government without going down the democratic path called an election.
The government and security authorities might smell political motives behind the use of the people's power in the Nov. 4 and Dec. 2 rallies to demand the arrest of Ahok, which could foil his bid to win the gubernatorial election in February next year, but arresting certain people involved in the two rallies on treason allegations is equally abusive.
The police will now have to prove the suspects, who have mostly been released, had the intention and capability to commit treason, which would not be easy. The option of applying the treason articles, however, has already stirred fear that freedom of expression is now in jeopardy.
Source: http://www.thejakartapost.com/news/2016/12/06/reasoning-over-treason.html.
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