Patra M. Zen: Facing a test of his independence

The Jakarta Post , Jakarta | Tue, 09/19/2006 8:21 AM | Life

Musthofid, The Jakarta Post, Jakarta

Summarizing a book, A Theory of Justice by American philosopher John Rawls, newly elected Indonesian Legal Aid Foundation (YLBHI) chairperson Patra M. Zen vowed that he would be both free from interference and free to act as thought fit.

He felt obliged to emphasize his self-proclaimed commitment when asked about his independence following reports that the YLBHI consultative board had, at times, interfered too much in the foundation’s policies.

That forced then chairperson Munarman — together with nine aides — to quit their positions on the YLBHI board of directors in May.

“”The consultative board has 25 members. They come from various backgrounds — bureaucrats, lawyers, businesspeople and others.

“Under my leadership, I’ll see to it that justice is upheld. From whatever source a donation comes … we will be free to act … we have no barriers whatsoever,” he said.

He defined what he termed “good” and “bad” interventions: “”We will not allow an intervention to undermine our vision and mission.”

The consultative board, headed by notable lawyer Adnan Buyung Nasution, is one of the funding sources for YLBHI. According to its 2004 annual report, the board accounted for 9 percent of the funds received by the foundation. The remainder came from the Canadian International Development Agency (57), partnerships (15), public funds (14), the board of directors (4) and elsewhere (0.5).

Munarman and Nasution had been at odds, which prompted the former resignation. It was reported the rift was triggered by Munarman’s rejection of a donation of Rp 200 million by controversial businessman Tomy Winata — opposition that disappointed Nasution.

Far before Munarman had assumed his post in 2002, YLBHI sparked criticism when it decided to provide advocacy for several military officers implicated in the East Timor incident in 1999. Munarman said it was a counterproductive act, as overseas donors began to cease their funding.

However, Patra ensured overseas funding was still intact.

Patra’s rise to the top rounded off 11 years of involvement in legal activities starting from college days back in 1995 when he studied law at Sriwijaya University in Palembang, South Sumatra.

He served with LBH Palembang as a volunteer. He might have been unpaid but, he said, he was enthusiastic about joining LBH because, he added, “I found LBH was an proper vehicle to articulate my ideas … and I could do it with authority.”

Studying in Palembang was a homecoming for one of the four siblings of Mirhan Zen and Siti Alfiyah who, like many others, left their birthplace for Jakarta and a better life.

“My father used to be a bus conductor on the Blok M to Senen route and my mother would walk great distances to sell her cakes,” Patra said.

His decision to study law was in part motivated by childhood experiences of his friends being arbitrarily beaten by the police or military.

Following his work at Palembang, he was assigned to Banda Aceh, Kupang and Papua and after completing his studies at Essex University, UK — as recipient of a British Chevening Award — he was recruited into YLBHI’s managing board in 2002.

Apart from his active involvement in international forums, Patra has also written. His books include Tak Ada Hak Asasi yang Diberi (Human Rights Are Not Given, 2005); Considerations on the General Election in Aceh under Martial Law (2004); The Two Roots of Violation: Corruptions and Economic Liberalization; Portrait of Economic, Social and Cultural Rights Violations in Indonesia (2003).

At 31, Patra became the youngest chairperson of the foundation in its 35-year history. He still looks like a stereotypical college student still active in street rallies, yet who has not neglected his academic commitments.

The depth of his professional commitment is clear when he speaks, especially on the loose implementation of the law as an impediment to the creation of good governance and justice.

His election ended a three-month caretaker chairmanship and was a vindication of the strong grassroot support he enjoys from 15 Legal Aid Institutes — the foundation’s chapters at the provincial level.

Young though he is, he looks to the future with determination.

“The foundation works to eliminate discrimination. It’s not a new issue but is still rife in all aspects of life.”

“Advocacy must ensure that people are able to enjoy their right to education, health care, housing and a job.”

YLBHI, according to Patra, plans collective lawsuits against provincial administrations that neglect their obligation to appropriate funds from their budgets.

“We expect there to be a huge impact. Just imagine all 15 offices in Indonesia teaming up to sue local administrations for negligence in allocating resources from their budgets for education, health, housing and employment.”

He also referred to the current mudflow disaster in Sidoarjo, East Java, which has implicated the Lapindo Brantas company.

“We are going to sue the government for its failure to address properly the public interest. Its negligence is a form of human rights violation. We shall embark on a clash action?

On the demise of human rights activist Munir, who was poisoned aboard a plane on his way to the Netherlands, Patra said that he, too, had been subject to terror threats and intimidation.

The threats might continue, said Patra, but they would not divert him from his chosen career.

“Our vision is clear that we are striving for greater public awareness about the law. That requires the fulfillment of their rights. If that were achieved, we could stand proud as a nation.”

That is more easily spoken about than achieved. He must be all too aware of what happened to his predecessor.

“The consultative board exercises absolute authority. I know the board is dominated by a single person. As long as restructuring is not carried out by the board, whoever the chairperson is, he will never be able to carry out his duty well,” Munarman said.

If that is the case, Patra’s future record will depend very much on the extent to which he can operate with minimal interference.

Unease reigns after porn bill passed

Abdul Khalik, The Jakarta Post, Jakarta

For Santi, a 29-year-old staffer at a Jakarta law firm, the fun and carefree days of hanging out at a mall in a shoulder-exposing tank top may well be over.

Despite the comfort and confidence she says her attire gives her, Santi is wary of inadvertently violating articles in the recently approved anti-pornography bill.

“I am confused about what to wear now,” she said while strolling around a Central Jakarta mall on Friday.

“But I have to be careful because I’m afraid that walking in public with bare shoulders could be considered by some groups as inciting obscenity.”

The way women dress is one area affected by the far-reaching definition of pornography as stipulated in the bill. It says body movements or gestures perceived as inciting obscenity or violating moral ethics in the community may be considered pornography.

“Who can guarantee that certain groups won’t attack me for what I wear, because they think I’m arousing them? I won’t take the risk,” Santi said.

Patra M. Zen, chairman of the Foundation of the Indonesian Legal Aid Institute (YLBHI), agreed the extensive definition of pornography targeted and criminalized women.

“After all, it’s women who are seen as capable of inciting obscenity in our society,” he said.

The definition, Patra added, placed the creativity of artists, models and designers in danger by potentially labeling their work as pornography.

Articles 8, 34, 36 of the bill stipulate artists and models may face up to 10 years in prison or Rp 5 billion in fines for their involvement in shows considered pornographic.

Observers are also warning the definition invades people’s private lives, with even the exchange of “dirty” jokes, defined as conversation and sound deemed as inciting obscenity — and hence pornographic — punishable by law.

“It’s really an effort to create uniformity in people’s private lives by enforcing a certain one-sided morality without taking into consideration different cultures within our society,” said Hendardi, chairman of the Setara Institute.

He accused political parties of passing the bill only to woo support from Muslim voters ahead of the 2009 elections.

Legal expert Frans H. Winarta and Elsam executive director Agung Putri Astrid Kartika agreed the bill violated the principle of pluralism as enshrined in the Constitution, by defying the aspirations of provinces such as Bali, North Sulawesi and Papua, which all opposed the bill.

Worse, Patra said, the enactment of the bill into law would justify a “morality police”, which could include vigilantes, launching crackdowns on those they believe were in violation of the legislation. The bill allows the public to take part in the fight against pornography.

So what happens to people like Santi, who simply wish to enjoy their lives? They could become the first victims of the moral police, Patra said.

“Nobody supports pornography; but we must focus only on limiting its distribution and protecting our children,” he said.

He warned of a possible bandwagon effect in many regions following the bill’s passage, leading to possible violence and abuse of the law for certain political interests.

Supreme Court reform in danger: Experts

Abdul Khalik , The Jakarta Post , Jakarta | Wed, 09/24/2008 10:47 AM | National

The revision of the Supreme Court law allowing justices to stay in office until the age of 70 will obstruct reforms within the country’s judicial system, dubbed the most corrupt in Asia, experts and activists are warning.

After less than three weeks of debates, the House of Representatives’ working committee on Sunday concluded deliberations on a bill to revise the law, and now plan to table it at a plenary meeting later this month for endorsement.

The current law stipulates Supreme Court judges must retire at the age of 65, but can continue serving in office for another two years.

If the plenary session passes the bill before the House begins its recess period on September 26, chief justice Bagir Manan will be allowed to stay in his current post for another three years.

Bagir was named the Supreme Court chief in 2001, and under the current law, should retire on Oct. 6, 2008.

He sparked controversy when he issued a decree extending his and nine other justices’ retirement age by two years in June 2006, claiming there was a backlog of cases.

The Indonesian Legal Aid Institute Foundation (YLBHI) said that the Supreme Court, under Bagir’s leadership, became embroiled in many problems, including several unclear accounts worth billions of rupiah, and a lack of transparency in court proceeding fees.

“If he stays in office, all the problems will remain unresolved, and we expect there will be no reform for a better system in the next three years,” YLBHI chairman Patra M. Zen said.

Bagir was also strongly criticized by the YLBHI and many analysts for his failure to erase the Supreme Court’s image as a corrupt institution in Indonesia.

A 2008 survey by Political and Economic Risk Consultancy (PERC) ranked the country’s Supreme Court as the worst in Asia.

Berlin-based Transparency International also lists the Supreme Court among the country’s most corrupt institutions, citing a blatant “court mafia” as an example.

“People involved in the court mafia will stay with the same individuals at the helm,” Indonesian Transparency Society chairman Hamid Chalid said in a statement.

The YLBHI also expressed concern that the passage of the bill would prevent the Supreme Court from recruiting new justices until 2011.

Currently, there are 48 justices, of whom eight are set to retire in 2008, 10 in 2009 and nine in 2010.

“So there will be no regeneration because old justices will continue to rule the system,” Patra said.

The Judicial Commission has since last year been selecting candidates for new justices to replace the would-be retirees.

The passage of the revision bill would mean that the selection process, on which a considerable amount of state money has been spent, would be rendered useless.

Indonesia Corruption Watch (ICW) alleges bribery was behind the unusually fast deliberation of the bill, and said the extension of the retirement age for justices was politically motivated ahead of the 2009 elections.

“Cases of campaign fund violations, for instance, will be handled by the Supreme Court. We think political parties need to strengthen their bargaining vis-*-vis these justices,” Emerson Yuntho of the ICW said.

The ICW, YLBHI and Indonesian Transparency Society demanded the government and the House delay the passage of the bill and instead focus on more urgent issues related to public interests.

KPK Urged to Look Into Bank Indonesia

Thursday, 09 August, 2007 |

TEMPO Interactive, Jakarta:

9th Aug 2007. Patra M. Zen, Head of the Indonesian Legal Aid Institute (YLBHI), has urged the Corruption Eradication Commission (KPK) to look into Bank Indonesia’s (BI) offices. “KPK should search in order to find the proof of authentic documents,” said Patra by telephone yesterday (8/8).

According to Patra, KPK should carry out the search because there are already initial indications of corruption being conducted by BI regarding the case of bribery to the House’s Finance and Banking Commission. “With the initial indications, KPK can already move,” said Patra. BI is in the spotlight due to the alleged corruption case of transferring funds to the House during the 1999-2004 period.

The case was made public following the Indonesia Corruption Watch (ICQ) submitting several documents to KPK which contained the record of a flow of Rp4.4 billion funds, suspected to be have come from BI, to the House’s Finance and Banking Commission members. The funds totaling Rp4.4 billion were used to smoothen the process of several bills, BI budget discussions and accommodating guests in star-rated hotels.

Patra questioned KPK’s sluggish action in dealing with the alleged corruption case. “Why didn’t KPK move when the case first emerged several weeks ago?” he said. Patra said KPK actually has the authority to carry out searches.
Based on Decree No. 30/2002 on KPK, the authority to search is regulated in Articles 12 and 38.

This search authority has already been used by KPK when handling corruption cases, including the General Election Commission (KPU) and Supreme Court cases. ICW is of similar opinion with YLBHI. According to Adnan Topan Husodo, a member of ICW Working Body, searches are needed in an effort to uncover the alleged corruption.

“In addition, KPK in fact has the officers,” he said. Erry Riyana Hardjapamekas, KPK’s Deputy Chairman, did not want to comment on the pressure. “Go ahead pushing. It’s everybody’s right,” he said.
Erry also gave similar comment on the statement of KPK’s sluggishness in following up the case. “To question something is also everybody’s right.”