The charges against Budiman Sudjatmiko

Reposted From: tapol (Tapol)

The following is a summary of the charges against Budiman Sudjatmiko, chair of the People's Democracy Party (PRD), as read out by the prosecutor at the first court hearing on Thursday, 12 December 1996. Budiman's charge sheet is set out in four sections, Primary, Subsidiary, Further Subsidiary and Yet Further Subsidiary charges. The first three sections charge him under paras (a), (b) and (c) of Article 1 of the Anti-Subversion Law while the fourth charges him under Article 154 of the Criminal Code, one of the notorious 'sowing hatred articles'.

The charges under each of the sections are basically the same, and are summarised below:
1. That he set up an organisation called PRD with associated organisations, the PPBI (a labour union), the SMID (a students organisation, the STN (a peasants organisation) and Jakker(a cultural workers network) which mentioned Peoples' Social Democracy, not the Indonesian Constitution and Pancasila as its basic principle. That the PRD together with its associated organisations distorted or undermined the state ideology by not conforming with decisions of the supreme legislative assembly in 1973 and 1983 which stipulate that social and political forces must adhere to the sole principle of the state.

2. That his actions to distort and undermine the Pancasila state ideology, carried out individually or in collaboration with other PRD activists, consist of:

  • becoming chair of the PRD,
  • convening a conference in March 1995 to set up the operational activities of the PRD,
  • convening an extraordinary congress of the PRD at which it was decided that the defendant would become the chair, and Petrus Hari Hariyanto the general secretary,
  • establishing people's social democracy as its basic principle,
  • adopting an ideological, political and organisational programme for the PRD.

    3. After the extraordinary congress, he then issued the PRD Declaration at a public gathering held at the Legal Aid Institute in Jakarta, at which the following, among others, were present: Pramoedya Anata Toer, Sri Bintang, JC Pincen, Permadi, Gunawan Muhammad and Bambang Widjojanto as well as a number of journalists. At the gathering, he delivered a speech entitled: 'Unfurl the banner of people's sovereignty' in which he called for the repeal of the packet of five political laws of 1985 and rejected the dual-function of the armed forces, and also said that for thirty years, eight months and 22 days, the New Order authority had perpetrated violence against its own people.

    4. That he distributed a PRD book entitled 'Towards a Multiparty People's Democracy' in which it is said that there is no democracy in Indonesia, that for 30 years, under the regime of President Suharto, the state authorities have obstructed peoples' participation, that the history of Indonesia is one of struggle against oppression and exploitation, that the New Order is a setback by comparison with the period 1950 - 1959, that the composition of parliament preserves the powers of a ruling clique with the armed forces being given special rights as appointees of the President, that there is a need for a democratic and people's power, that the setting up of the PRD is a response to the paralysis of the extra-parliamentary system and a qualitative advance in the people's movement for a peaceful, violence-free democratic, multiparty society, that the nationalist movement in Indonesia began with the creation of a trade union, the ISDV, that the New Order regime should be tried before an International Court to answer for the massacres in 1965 and that the Supreme Legislative Assembly (MPR) should convene an extraordinary session to call Suharto to account for the things he has done as leader of the Republic of Indonesia.

    5 That he gave PRD awards to the following people all of whom are clearly opponents of the government: Xanana Gusmao, Pramoedya Ananta Toer, Gunawan Muhammad, Thomas Wanggay, Sri Bintang Pamungkas and George Aditjondro.

    6. That he carried out a series of actions which he knew or should have known could distort, undermine or overturn the State ideology Pancasila:

  • on 18 July 1995, together with other PRD activists, he led and/or incited workers at the Great River International factory to carry out a demonstration demanding a minimum wage of Rp 7,000 [a little less than $3.00] a day, freedom of association and the repeal of the 1985 packet of five political laws;
  • on 23 August 1995, outside Parliament, together with other PRD activists, he led and took part in an action, shouting 'long live the workers', 'long live the students', etc.
  • on 28 October 1995 at the Taman Ismail Marzuki centre in Jakarta, he proclaimed the creation of the Indonesian Opposition, calling among other things for the repeal of the five political laws of 1985;
  • on 12 November 1995, together with other PRD activists, outside the Faculty of Psychology in Depok, he led an action to comemmorate the Santa Cruz Event, calling for a referendum in East Timor;
  • on 7 December, together with other PRD activists, he led a solidarity action with East Timorese youths by jumping over the fence of the Russian embassy and calling for a referendum in East Timor and an end to the sending of Indonesian troops to East Timor.
  • that on 11 December 1995 he coordinated a workers action at the Sritex factory in Central Java calling for freedom of association for workers, for Rp 7,000 a day, for the repeal of the five political laws of 1985, for the repeal of the armed forces dual-function and for an end to military intervention in workers disputes.
  • that on 7 June 1996, together with other PRD activists, he led an action outside the office of the Minister-Coordinator for Political and Security Affairs calling for an end to the armed forces dual function, rejecting government interference in the PDI and the repeal of the five political laws of 1985.
  • that on 18 and 19 June 1996, together with other PRD activists, he carried out a demonstration outside the Indoshoes factory calling for a minimum wage of Rp 7,000 a day, the repeal of the five political laws of 1985 and an end to the armed forces dual function.
  • that on 8 and 9 July 1996, together with other PRD activists, he led an action by workers from ten factories in Surabaya demanding that workers wages should be raised to Rp 7,000 a day, the repeal of the five political laws of 1985 and the end of the armed forces dual function.

    7. That in addition to all the above, on 27 July 1996, the defendant, together with other PRD activists, was among the masses which carried out riots in the vicinity of Jalan Diponegoro, Jakarta.

    8. That he not only did all these things but he also tried to enter the so-called KIPP, the Independent Committee to Monitor the Elections, succeeding in becoming a member of the presidium, for the purpose of mobilising forces outside the PRD. Not only did he want to use KIPP; he also entered MARI, the Indonesian People's Council, in which he gained a position as member of the Guidance Council for the sole purpose of mobilising forces outside the PRD.

    All these actions were part of a series of actions that can be considered as being for the purpose of creating a people's democratic coalition government through which to channel people's participation, in which there is mutual respect for each other's ideologies and political forces.

    [These are the charges under the first or Primary section of the charge sheet, which are more or less repeated in the subsequent sections. The prosecution, so steeped in New Order discourse, clearly fails to comprehend the extremely moderate and very appealing nature of the PRD's allegedly 'subversive' programme as set forth in the charge sheet. It is also extraordinary to see how, after the vicious propaganda campaign against Budiman and the PRD as the 'masterminds of the 'riots' of 27 July, all the prosecution could come up with was the charge at the tail end, saying only that he and others were 'among the masses' on that day.]

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