Examining the constitutional status of political practices and legalising popular sovereignty
The event, as well as commemorating the 17th April, was inspired by the current Indonesian political and economic situation. Peasants, workers, fishermen, activists for the dropping of the debt, defenders of the environment … were able to give their opinions on contemporary socio-economic challenges during this assembly, held in Jakarta. They shared their worries about the poor recognition of workers’ rights and the current food crisis and rising prices, on which representatives of the national movements based in Jakarta have made interventions. Most of the day, however, was dedicated to examining the constitutional status of approximately ten laws and government decrees. All agreed to declare that they were non-constitutional and failed to respect the popular sovereignty which is meant to guide political practice. Their discussion focused on means to support the Constitution in order to build true social justice. If this is what is particularly lacking today, it is especially because of the new law on investments which allows a minority to monopolise the national economy, while opening the door to liberalisation and the deregulation of markets.
A small victory on the constitutional court’s verdict
Making use of laws, as the constitution defines them, pays off. On the 25th March, following a request drawn up by Gerak Lawan, the Constitutional Court gave its final verdict on the constitutional status of the law on investments. The Court decided, partially, in favour of the activists, annulling article 22, which guaranteed investors the prolongation of their property rights for 95 years. The Court recognised the article as unconstitutional since is contradicted the Indonesian constitution of 1945, which stipulates that economic and property law must serve the people. The peasants of SPI now want to build on this victory in order to pursue their struggle against the current political situation, which handsomely profits a handful of politicians, large producers, and multinational businesses. Not ceasing the appeal to the national constitution, the activists decided, at the conclusion of the assembly, to put everything into supporting popular mobilisation in all sectors of the economy, so that a fairer society might be guaranteed. In order to do this, Gerak Lawan’s members continue to work, inform, and mobilise the population to make their rights count, and do not fear to demand the dismissal of laws and current political initiatives.
| 70 members of Gerak Lawan took the opportunity provided by the International Day of Peasants’ Struggle to reaffirm, in the presence of representatives from the press, their desire to uphold, against the politics of the day, the political and economic vision of the Indonesian Constitution : to build a fairer society. |
Also read: Résonances Asia N°24 - May 2008
