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A Nation's Long, Perilous Journey to the Rule of Law and Democracy [Article] Indonesia's Odyssey: A Nation's Long, Perilous Journey to the Rule of Law and Democracy [Article] Item Type Article; text Authors Levinson, Jared Citation 18 Ariz. J. Int'l & Comp. L. 103 (2001) Publisher The University of Arizona James E. Rogers College of Law (Tucson, AZ) Journal Arizona Journal of International and Comparative Law Rights Copyright © The Author(s) Download date 28/09/2021 04:12:02 Item License http://rightsstatements.org/vocab/InC/1.0/ Version Final published version Link to Item http://hdl.handle.net/10150/659219 INDONESIA'S ODYSSEY: A NATION'S LONG, PERILOUS JOURNEY TO THE RULE OF LAW AND DEMOCRACY By JaredLevinson' L INTRODUCTION Indonesia is a nation in search of a path to political, social, and economic stability. Abdurrahman Wahid, Indonesia's President, faces harsh criticism from manypolitical factions in Indonesia. Wahid's promises to create a less corrupt, more competent government have failed to produce enough concrete results to satisfy the needs of many Indonesian people. A poll taken by Tempo news weekly found that sixty-five percent of those people polled want the legislature to hold a session to remove the President.2 Questions about the firing of two cabinet ministers led the Indonesian Parliament to summon Wahid before the legislature to explain his actions. In July, Wahid appeared before the Indonesian parliament to explain his conduct. Intense criticism from the Indonesian parliament compelled Wahid to turn over day to day management of the government to his vice-president, Megawati, and reorganize his cabinet. As these leadership changes take place, Indonesia continues to suffer the horrific impact of the 1997 economic collapse that has left 35 million Indonesians 1. Jared Levinson is Instructor of International and Comparative Law and Legal Research and Writing at Gonzaga School of Law in Spokane, Washington. Theauthorwould like to thank the following people for their help: research assistant, Jodi Thorp, for her diligent research assistance; Gonzaga School of Law Dean John Clute and the Gonzaga School of Law Foundation for their continued support for my research; Father Robert Araujo, for his excellent advice; Gonzaga School of Law Library Associate Director Kevin Gray for his valuable technical advice; Dr. Robin Goodenough, for years of friendship and great advice; and to all the people in Indonesia whose insight and understanding made this article more meaningful. The names of people interviewed in Indonesia have been omitted to protect their identity for security reasons. Portions of this article are reprinted from Jared Levinson. "Living Dangerously": Indonesia and The Reality of The Global Economic System, 7 J. Ir'L & PRAC. 425 (fall 1998); and, Jared Levinson, "Fragile, Handle with Care": Indonesia and the Issue of Capital Controls in a Nation Facing Disintegration, 17 NWs. Irr'L L.L 529, (fall 1999). 2. Vaudine England, Most want Wahid out, Poll Finds Support for Legislature to Intervene, SouTH CNA MORNWG PosT, Nov. 7,2000, availablein 2000 WL 29096701. 104 Arizona Journalof Internationaland ComparativeLaw Vol 18, No. 1 2001 unemployed and one hundred million people living at or near poverty level.' The streets of Jakarta are filled with the plastic tents of people selling everything from home cooked food to suitcases, as Indonesians struggle to survive economically. Children approach cars at stoplights in Jakarta ringing small bells on little sticks and begging for money. In other locales in Indonesia, such as Aceh and the Muluku Islands, separatist and religious violence tears at the nation's stability, leading to the deaths of thousands of people. Amidst these turbulent circumstances, Wahid, Megawati, and the Indonesian Parliament must develop a clear coherent set of policies to lead Indonesia to a place of stability and growth. It will be the purpose of this article to examine the political, economic, social, and legal situation in Indonesia and discuss solutions to Indonesia's problems. The answer to Indonesia's crisis lies in firmly establishing the rule of law and democratic institutions. It should be noted that these reforms of the legal and political system cannot be accomplished merely through a purely "legal" analysis. Rather, much of the legal reform that is required deals with political, economic and social issues.4 Thus, one must examine the law in the context of the political, economic, and social crisis plaguing the nation. As this Article will discuss, the long, autocratic rule of Suharto, the destruction of most government institutions, and the pervasive form of corruption that has afflicted Indonesia for over thirty years must be fully understood and accounted for in creating change. Establishing the rule of law in a nation where the rule of law has not existed for many years will be a highly complex process, not only encompassing the creation of new laws and legal institutions, but requiring basic reconstruction of the Indonesian state and the adoption of a new attitude of true respect for the importance of the rule of law and democracy for the first time in Indonesian history. II. THE STRATEGIC IMPORTANCE OF INDONESIA Indonesia is the fourth most populous nation in the world with a total population of 204 million people.5 It is an archipelago comprising 13,667 islands 3. Interview with Senior Economic Adviser to the President of Indonesia; See also, Robert Go, IndonesianRecovery 'On Track, THE STurrs TIMEs, Singapore, Oct. 16, 2000, (availablein 2000 WL 28085483). Indonesia is the fourth most populous nation in the world with a total population of 204 million people. See Tim Ito, Indonesia Report: Overview, WASH. PosT. (last visited Aug. 8, 1998), <http://www.washingtonpost.com/wpsrvv/inatllongterm/indonesia/overview.htm>. 4 See Gary F. Bell, The New IndonesianLawsRelatingto RegionalAutonomy: Good Intentions, ConfusingLaws, 2 ASIAN-PAc.L. & POL'Y J. 1, at 3 (Feb. 2001). 5. See Tim Ito, Indonesia Report: Overview, WASH. POST (visited Aug. 8, 1998) Indonesia's Odyssey: A Nation's Long, Perilous Journey to the Rule of Law & Denocracy 105 covering a land area of 1,919,317 square kilometers including 93,000 square kilometers of inland seas.6 Approximately seventy percent of Indonesians live in rural areas.7 Indonesia is comprised of four major ethnic groups, Javanese (forty-five percent), Sundanese (fourteen percent), Madurese (seven and one-half percent), Coastal Malays (seven and one-halfpercent), and other groups (twenty-six percent) Muslims constitute eighty-seven percent of Indonesians, six percent are Protestant, three percent are Roman Catholic, two percent are Hindu, one percent are Buddhist, and one percent have other beliefs.9 Indonesia possesses critical strategic resources. Indonesia is a member of the Organization of Petroleum Exporting Countries (OPEC) and receives a significant flow of income from its oil production. Indonesia also produces a substantial amount of steel, aluminum, cement, forestry products and cigarettes.'0 In addition, it possesses significant reserves of coal, tin, nickel, copper, gold, and bauxite." Agriculturalproduction includes sugar, coffee, peanuts, soybeans, rubber, oil palm, and coconuts, and employs fifty-five percent of the nation's workforce. 3 The strategic location of Indonesia, which lies between the Pacific and Indian Oceans, makes it an important nation for the U.S. military. The U.S. military has long maintained ties with the Indonesian military by supplying weapons and training.'4 The termination of the U.S. military presence in the Philippines in 1992 created concern for the U.S. as well as nations in Southeast Asia. 5 Following the U.S. departure from the Philippines in 1992, the U.S. entered into bilateral security arrangements with other Association of Southeast AsianNations (ASEAN) including Indonesia, Singapore, and Malaysia. 6 According to a report by the Institute for National Strategic Studies and National Defense University, these bilateral security <http.//vvw.washingtonpost.com/wpsrvinatllongtermilindonesia/ovrview.html>. 6. FEDERAL REsEARcH DIVIsION, LiBRARY OF CONGRESS, INDONESIA, A COUNTRY STUDY, at (William H. Frederick & Robert L. Worden, eds., 5th ed. 1993) (hereinafter, Frederick & Worden). 7. See id. 8. See id. 9. See id. at xxxi. 10. See Frederick and Worden, supranote 6, at xxxii. 11. See iL 12. See id. at xxi, xxxii. 13. Seeid atxxxi. 14. See Douglas Paal, MaintainingThe BilateralFramework BWhile ThinkingAbout Tomorrow 162 (Ronald N. Montaperto ed. 1993); see Cohen: U.S. Urges Restraint by IndonesiaArmy, REUTERS LlmfrI (visited Aug. 3, 1998), <http:llwww.infoseek.com.Content?am'aO987LBY426reulbl9980730&qt'indonesia+recce nt+dev8/3ents+w>; see also Telephone Interview with Former Aide to U.S. Secretary of Defense (July 30, 1998). 15. See Paal,supra note 14, at 162. 16. See id. 106 Arizona Journalof Internationaland Comparative Law Vol 18.No. 1 2001 arrangements allowed "access for U.S. naval ships and aircraft to commercial facilities in those countries. These arrangements hold the promise of greater sustainability of the U.S. regional presence at lower cost with ancillary security and economic benefit to ASEAN partners."' 7 The collapse of Indonesia as a nation would seriously threaten these regional security arrangements. Indonesia provides a counter-balance to the other large nations in the region including China, Russia, Japan, and India."8 Important strategic shipping lanes to the industrial states in northeast Asia would be threatened. 9 Despite the existing value to other nations
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