Indonesia Ushering in the dawn
of ochlocracy (the rule of government by mob)
The
Greek philosopher, Polybius theorized about the circle of government, where
government would rotate among three main forms: monarchy, aristocracy, and
democracy.
According
to Polybius, society is in anarchy at the beginning but subdued by the
strongest figure that becomes the monarch. The monarch gradually loses his
virtue and becomes a tyrant. It will bring resistance, which brings up the
aristocracy. But, this too shall pass as the aristocracy loses its way to
become an oligarchy. These oligarchs stir the anger of the people and democracy
will rise from its ashes. But, democracy too will soon become corrupt and
degenerate into mob rule, ushering the era of ochlocracy. So, the cycle rotates
endlessly.
Using
Polybius’s theory, it seems that we are facing the end of democracy and looking
at the dawn of ochlocracy. Endless corrupt practices, dysfunctional government
and social order, blatant mismanagement in the private sector, all the signs
are there. People have begun to distrust their government and law enforcers.
Transparency just becomes new jargon to mark doubt towards law enforcement
while the law enforcers are intimidated by vigilante groups. This is the very beginning
of government authority and a nation dismantling.
In
addition, these groups of vigilantes with either a religious basis or an
ethnicity basis are emerging in every city and province in Indonesia and take
the role as the moral guard. Alas, the state seems to be idle. And as one
vigilante leads to another vigilante, those organizations gain supremacy. And
the one thing that all of these organizations have in common is their rejection
of a pluralistic Indonesia. Somehow, what we face today seems to be ushering a
new era and marks the end of democracy.
We
were fortunate enough when President Joko Widodo began his administration with
the Nawacita as his vision. One point that he promised was to reaffirm
pluralism (kebhinekaan) and strengthen social harmony. However, when it
comes to action, this commitment seems to have faded away.
Though
it seems to be a hasty conclusion, the fact that suppression by mobs and thugs
is still happening in Indonesia makes it hard for us to believe that the
President has not forgotten his promise. Meanwhile, what all the other
politicians only seem to be doing is talk without taking any concrete action.
While the government stays silent, the mob grows bigger where silence is a kind
of affirmation.
I
imagine myself somewhat 30 or 40 years later, as a pensioner with my little
daughter, perhaps, having followed my path as a lawyer. She may ask one or two
things about how to have her career as a lawyer. Perhaps, I will give her some
advice not only on how to be a good lawyer, but also on how to win cases.
I
will tell her that first, to find bandits and thugs to affiliate herself with,
and try to dress them all in white to give the impression as if those bandits
and thugs are the good guys. Second, bring all of them to the street to demand
a favorable ruling for her case. Third, find a bogus expert to strengthen her
case, just to give the impression of scientific basis to her arguments.
And, voilà, she will get what she wants. That is how the law
works here in Indonesia and whoever follows this advice shall win.
Of
course, it is just an imaginary conversation. Justice seems to be a scarce
commodity to find among the abundance of laws, regulations, and protocols to
follow. To stop democracy from deteriorating, the key is the preservation of
law and justice. This republic has to return to the right track. Let the law
enforcers be themselves and the politicians do their task and not mix-up
everything. The law enforcers must not think about politics or whether their
decision may be disliked by people. The law enforcers must weigh only on
whether the law is violated or not.
As
long as our problem is the idleness of government, the silence of the state,
and the institution that has to uphold justice is not thinking about justice,
but rather how to save themselves from havoc. We will not survive for long if
this continues. A strong democracy is only as strong as its rule of law.
Urging
the law to be used as a personal privilege is not democracy. If people can be
arrested just because of the voice of a mob, then in other cases people can be
freed just because of the will of the people. What is the use of the
constitution? If we use the law based on what is liked or disliked, what is the
use of the law?
So,
I think we must seize the moment to keep our democracy intact and shut the door
for ochlocracy. I don’t want to live in the generation that ushers in
ochlocracy. And I hope this regime shares the same aspiration.
***
The
writer Michael Herdi Hadylaya is a lawyer at Frans Winarta & Partners
and lecturer at Sekolah Tinggi Ilmu Hukum Litigasi, Jakarta
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