Khamis, 14 Jun 2012

Anwar Ibrahim

Anwar Ibrahim

‘Trias Politica’ Dalam Satu Mahathir

Posted: 13 Jun 2012 09:45 PM PDT

Malaysiakini

Demokrasi, selalu diberi ragam makna. Bergantung kepada fahamnya.

Faham demokrasi Mahathir Mohamad selalu mudah: demokrasi harus ada batasannya, harus diiringi dengan tanggungjawab, dan berfungsi untuk tujuan pembangunan. Inilah “acuan demokrasi yang ideal” yang Mahathir sampaikan sewaktu syarahan utama di University of Santo Tomas (UST) di Manila seperti yang dilaporkan oleh Malaysiakini pada 11 Jun 2012.

Lebih lanjut di Filipina tersebut, Mahathir turut menegaskan bahawa sekiranya mahu mengubah pemerintahan, cukuplah dengan kotak undi. Ini dapat dilakukan lima tahun sekali. Selain itu, nilai pemimpin, bagi Mahathir, ialah idea dan strategi yang dimilikinya. Sesuai dengan faham ini, maka Mahathir sama sekali tidak melihat Malaysia sebagai sebuah negara demokrasi liberal. Anehnya, Mahathir tidak pula memaklumkan jenis apakah demokrasi di Malaysia ini.

Bagaimanapun – terlepas dari semua ini – kita harus menelaah kembali apakah sebenarnya tujuan dari hidup bernegara ini. Sebab, tampaknya Mahathir cuba menyelewengkan makna demokrasi kepada sebuah faham kenegaraan yang kabur. Justeru, untuk memahami persoalan ini, maka adalah lebih baik kita mengungkapkan lima persoalan kepadanya.

Pertama, Mahathir berkata bahawa demokrasi mestilah difahami bersama batasannya. Persoalannya: sejak bilakah demokrasi tidak pernah dikaitkan dengan batasannya? Hanya Mahathir saja yang tidak pernah lelah mengulangi batasan demokrasi.

Sebelumnya, Mahathir begitu bimbang dengan kebebasan mutlak. Padahal, tidak ada siapa pun yang mempertikaikan. Memang, kita semua tahu bahawa takkan ada kebebasan mutlak. Dalam sebuah negara hukum, perlembagaan (undang-undang) adalah pembatasnya. Masalahnya ialah, bagaimana perlembagaan itu digubal: Lewat deliberatif atau lewat autokratik? Persoalan inilah yang lebih berfaedah untuk Mahathir risaukan, berbanding dengan tidak habis-habis meratibkan batasan demokrasi.

‘Komuniti hukum’

Kedua, mengapa Mahathir lagi-lagi bercakap soal tanggungjawab? Kenapa tidak bercakap soal hak? Walhal, dalam konsep hak yang sifatnya sangat universal, itu sebenarnya sudah tertanam konsep tanggungjawab. Misalnya, dalam konsep hak, itu terdapat konsep tanggungjawab untuk dalam menghormati hak-hak warga lain, yang harus dipatuhi secara bersama. Konsep hak ini yang lebih kuat premisnya berbanding dengan konsep tanggungjawab.

Tapi, dengan beria-ia berbicara soal tanggungjawab, maka apakah niat terselindung Mahathir ini? Jangan-jangan, laungan tanggungjawab (yang garisnya ditentukan pemerintah secara sepihak) tersebut berniat untuk mengawasi dan mengawal segala tingkah-laku (malah, fikiran!) rakyatnya. Tidak demikian, Mahathir?

Ketiga, Mahathir meletakkan makna kehidupan bernegara adalah pembangunan semata. Bukan demokrasi. Benarkah demikian? Persoalannya, apakah makna pembangunan menurut Mahathir ini? Dan, persoalan berikutnya, adakah dengan melakukan pembangunan, maka sempurnalah makna negara? Apakah sebegini dangkal makna negara menurut Mahathir?

Padahal, kata negara itu adalah terbitan dari pemaknaan kepada sebuah “komuniti hukum”. Dalam komuniti ini, yang menjadi tujuannya bukannya pembangunan (yang telah disempitkan oleh Mahathir). Sebaliknya, bagaimana melibatkan warganegara dalam setiap keputusan-dasar negara. Inilah roh hidup bernegara. Malangnya, yang terlintas dalam fikiran Mahathir tatkala berfikir mengenai negara ialah pembangunan. Betapa dangkalnya.

Keempat, Mahathir menekankan bahawa yang terpenting dari kualiti pemimpin adalah kemampuannya dalam merangka strategi dan idea untuk kemakmuran negara. Lagi-lagi, benarkah yang terpenting ialah kualiti pemimpin, bukannya kualiti sistem (demokrasi)? Jadi, individu lebih penting dari sistem, begitu Mahathir? Ini logik bernegara apa yang dipakai Mahathir? Lagi pula, kualiti pemimpin bukanlah diukur dari kecerdasan dan kebernasannya. Tapi, diukur dari kemampuannya untuk memastikan tatacara demokrasi terus mengalir dengan baik. Inilah tugas hakiki pemimpin.

Di samping itu, Mahathir selalu berfikir bahawa kemakmuran – yang sering disempitkan secara instrumental – adalah segala-galanya. Padahal, negara itu bukanlah sebuah syarikat perusahaan. Malah, kedudukan perdana menteri juga bukanlah seperti kedudukan seorang ketua pengarah eksekutif (CEO).

Machiavelli hormati aspirasi rakyat

Kelima, Mahathir, beranggapan bahawa cukuplah untuk mengubah pemerintah saat pilihan raya umum. Bermakna, menurut Mahathir, proses mengubah pemerintah hanya boleh dilakukan setiap lima tahun, lewat kotak undi. Lalu, pertanyaannya: apakah yang warga harus lakukan di antara dua pilihan raya, atau dalam tempoh lima tahun tersebut? Hanya patuh saya semua titah pemimpin?

Maka, ke mana perginya konsep “masyarakat warga” (civil society), ketakpatuhan warga (civil disobedient), kewarganegaraan aktif (active citizenship) dan ruang awam (public sphere) yang menjadi sendi demokrasi? Mahathir, percaya atau tidak, tidak pernah menyebutnya. Sekalipun tidak pernah. Padanya, demokrasi ialah pilihan raya umum. Selain dari hari mengundi, rakyat mestilah pasif.

Justeru, berdasarkan kepada lima persoalan ini, cukuplah untuk kita melukiskan bagaimana faham demokrasi Mahathir ini. Demokrasi, menurut Mahathir, selalu dimomokkan sebagai sebuah “kebebasan mutlak”, “tidak bertanggungjawab”, “antipembangunan”, “menghambat idea pemimpin” dan “hanya pilihanraya.” Setohor ini saja makna demokrasi Mahathir. Tentunya, makna tumpul seperti ini dengan mudah dapat kita temukan dalam negara totalitarian.

Sebab itu, usah hairan, ciri-ciri totalitarianisme ini turut terlekat sepanjang 22 tahun Mahathir sebagai perdana menteri Malaysia. Demokrasi di Malaysia, pada waktu Mahathir, berada pada titik terendah dalam sejarah. Seluruh trias politica (eksekutif, judikatif dan legislatif) telah dimuatkan ke dalam satu individu: bernama Mahathir. Inilah Mahathirisme, nama lain kepada Machiavellianisme. Sementara, rakyat di mata Mahathir tidak lain adalah sebuah objek, yang sekadar berfungsi lima tahun sekali. Padahal, Niccolò Machiavelli sendiri bukan begitu.

Andai kata Machiavelli masih hidup sekalipun, tentunya takkan bersependapat dengan Mahathir ini. Kerana, Machiavelli bukanlah seorang Machiavellian, seperti Mahathir. Sebaliknya, Machiavelli adalah seorang republikan, yang menghargai aspirasi rakyat.

Manakala, Mahathir pula dalam diam-diam adalah seorang diktator, yang selalu mencipta pemujanya yang fanatik, sepanjang waktu, selagi mana faham totalitarianisme terus saja bermaharajalela.

Scorpene-Altantuya: Who is Razak Baginda to Najib And Umno

Posted: 13 Jun 2012 08:49 AM PDT

Malaysia Chronicle

Would it be preposterous to say that Razak Baginda was the mastermind behind Malaysia’s RM7.3 billion acquisition of two French Scorpene submarines? It was certainly a most inappropriate purchase given the country’s shallow coastline, and worse still, the ensuing illicit commissions scandal led to the murder of Mongolian national Altantuya Shaariibu, casting a shadow over Malaysia and Prime Minister Najib Razak.

Really, even Baginda’s worst enemies can't imagine him having the nerve or capability to convince Najib, who was then the Defence Minister and being groomed to take over the premiership, into taking part in what was basically a huge money-making scam.

Not unless, Najib himself wanted to be persuaded or perhaps even suggested such a scheme for Baginda to research and execute!

What about Altantuya then? Could Baginda have persuaded Najib into ‘lending’ him two former bodyguards to kill off the beautiful but pesky self-confessed blackmailer, and then bombing her body with military-grade C4 explosives to prevent identification? Hard to say and only Altantuya’s killers will know. The problem is they are not speaking. Or perhaps they are not ready to blow the whistle just yet.

‘Soft’ men

One thing for sure. Both Najib and Baginda are ‘soft’ men – used to fine living and chasing after their own pleasures with a selfish determination. Can ‘soft’ men show ruthless streaks when their lifestyles are threatened? Again, hard to say.

After all, in the 1970s, when Najib took over as the Pekan MP after his father’s untimely demise, did any Malaysian ever think the gangly and shy young man would ever be capable of ordering the police to brutalize civilian protesters taking part in the recent Bersih rally for clean polls? Or did anyone ever think he would be capable of making a speech, vowing to bathe his ‘keris’ (sword) with Chinese blood just before Mahathir Mohamad’s infamous Ops Lalang swoop on dissidents and opposition leaders?

But who is Razak Baginda to Najib, how strong was his influence? Actually, Baginda was not really influential and did not have any established connections to either Najib or the top UMNO leaders at all. He was neither a big time businessman nor an underworld kingpin. The two men were not related nor were they college or school buddies.

In fact, Baginda and Najib had never crossed paths until Najib became the Defence Minister in 1991 and Baginda joined the Malaysian Armed Forces Defense College as a lecturer, where he eventually rose to become the head of strategic studies. When Najib left the Defense Ministry in 1995 for the Education Ministry, their relationship grew closer. Baginda became Najib's confidant, while his wife Mazalinda and Najib’s Rosmah too were on very cordial terms.

But make no mistake. Baginda could live without Najib, although he enjoyed being close friends with such a prominent political figure. It was Najib, who perhaps needed his friendship more. For sure, Najib would want to tap Baginda’s brains. Baginda was not only a defense strategist, he later also ran a think-tank – the Malaysian Strategic Research Institute, which was widely known to be funded by Najib and designed to further the latter’s political career.

UMNO leaders must have a lot of money to stay in power

After losing out the deputy prime minister’s post to Anwar Ibrahim, the political horizon suddenly opened up for Najib in the late 90s when former premier Mahathir Mohamad decided to oust the fast-rising Anwar from UMNO.

To repay Najib for his support during the tumultuous period when Anwar, now the Opposition Leader, was sacked and jailed, Mahathir began grooming Najib for the premiership. But it was not a one-way ticket, Najib too had to play his part in preparing for the PM’s chair. To secure the top post and ensure he could fight off challengers, Najib knew he needed money.

That is the name of the game in UMNO politics. Lots of money to buy support from the top down to the branches and all the way to the divisions, states, Youth and Women’s wings. Now – where and how to get it?

People following the Scorpenes scandal say Najib could have thought of a scheme when he was the Defence Minister and discussed it with Baginda, who given his knowledge of things military could have in turn told Najib about the shady world of international arms procurement where enormous bribes were the order of the day.

For example, it was well known that in Taiwan, French company Thales, formerly Thompson-CSF, had sold 6 DCN-built La Fayette-class ‘stealth’ frigates for an exorbitant US$2.8 billion in 1992, raising eyebrows around the world, while the Pakistan military had purchased 3 Agosta 90 B submarines in 1994 just as controversially.

Why Baginda?

Malaysia’s own purchase of the Scorpenes from DCNS was brokered by Razak Baginda. Why him, and not some high-flyer corporate baron?

Some pundits say Najib was more than aware that previous UMNO prime ministers had used cronies and proxies to front their money-making schemes. But ‘stars’ and corporate captains could sometimes be risky and having a trusted confidant like Baginda manage the money-flows might have seemed a more ideal way to Najib. If the allegations against Najib are true, surely he would want to control the funds and ensure these were always within his reach.

The Scorpenes deal is believed to have been on the table since former Finance Minister Daim Zainuddin’s time but was frozen after Daim fell out with Mahathir. When Najib returned to the Defense ministry, it is believed Mahathir agreed to let him revive the transaction. And so like two schoolboys, Najib and Baginda allegedly plotted and schemed over how to benefit from such a large procurement. Even the razor-sharp Rosmah did not know of it at the beginning, or so the speculation goes.

As for Altantuya, she basically had no special skills and was not really a good translator even. She was never part of the scheme – just a very pretty face and a sexual diversion for both men. Due to her travels with Baginda, she came to know enough of the Scorpenes transaction to later try and blackmail him for a cut of the illicit commission paid by DCNS. For the record, Baginda has admitted being lovers while Najib has said he never knew her at all.

Meanwhile, perhaps to ensure maximum secrecy, Baginda got his family members involved. Several business entities were created such as Perimekar which was wholly owned by another company, KS Ombak Laut Sdn Bhd, which in turn was also controlled by Baginda and his wife. And to make the money trail a bit longer Baginda created another company Terasasi (Hong Kong) Sdn Bhd with his father Malim as a director.

Possibly, the group’s thinking then was that with the Defence Minister and the future Prime Minister involved, how could things go wrong? Even if they were caught, they would be let off the hook! It was their own ‘perfect’ scheme but sad to say, unknown to the two wives, both Najib and Baginda were having affairs with Altantuya and unknown to all of them, Altantuya wasn’t about to let herself be ‘screwed’ for free.

Caught with their pants down

When the 28-year-old beauty found out that the Scorpene deal was successful and Perimekar had received the agreed commission, Altantuya could smell the money even from Mongolia, so to speak.

She decided to get something for herself and came to Malaysia. Whether or not she had really been promised a share of the loot is hard to say. Why didn’t they just pay her off? Was it really because Rosmah got jealous? But would someone so shrewd and money-conscious become so emotional? What was the trigger?

Again, Malaysians and the world will have to wait before the dots can be connected and the picture drawn out. Whatever the truth, Altantuya blackmailed Baginda, threatening to expose the sexual affairs with him and Najib. After all, as her father Setev Shaariibuu has said, she did have photos of the three of them together as ‘proof’.

Now, Altantuya meant trouble to Baginda and Najib. Big trouble which had to be dealt with immediately or Najib’s hopes of becoming the next prime minister would fizzle up in smoke if he was indeed involved. But what to do? How to react? This part of the scheme had never been thought out before and the alleged duo were practically caught with their pants down, hence the panic and spontaneous reactions.

When Altantuya arrived in Kuala Lumpur with her cousin Burmaa Oyuchimeg, she engaged a private investigator to help her check out Baginda. Altantuya had witnesses and other records to confirm her presence in Malaysia despite Immigration computers that showed she had never entered the country. She really did make life complicated for Baginda. Her kidnapping was carried out by agents from the Malaysian Special Branch in broad daylight in front of Baginda's house – even with witnesses present. That was how desperate Baginda was. Malaysian media have not published the full details, but foreign press have.

It was the cab-driver who messed up their ‘perfect’ plan

As is usually true in such covert operations, it's the small details that matter. The entire operation came undone due to the non-payment of Altantuya's cab fare. The taxi driver hired by Altantuya for the day did not appreciate that his passenger had been kidnapped from right under his eyes without payment for the fare. He took note of the registration plate of the kidnapper's car – and filed a complaint at the local police station. This established that the kidnappers' car was a government vehicle, and fingered its owners.

Najib was allegedly too stunned to think clearly. Baginda decided to hire third parties to help out and private-eye P Balasubramaniam was brought in to do some fact finding because they did not have the luxury of time. The whole Scorpene deal could just explode. It was too big to handle and too risky at that political juncture in Malaysia for both UMNO and Najib. The money trail was long but straight forward such that both Najib and Baginda could be easily traced.

Najib is believed to have entrusted the matter to his private secretary Musa Safri to do whatever was necessary. It has been reported that Rosmah, being nosy, smelt something was amiss and correctly guessed that her husband was in deep trouble. Perhaps she nagged him but whatever it was, the PM-to-be is said to have spilled the beans to his wife.

Now – and this has been confirmed by the elderly folk in her own village – Rosmah is not someone you play with. She is ruthless – no question marks there at all. But did she as it was reported carry out her own hunt for Altantuya? Did she command Najib’s two personal bodyguards, Sirul Azhar and Azilah Hadri, as well as her own trusted military aides Norhayati and Aziz Buyong to help her deal with Altantuya?

Only they would know and they are not telling. Not yet, anyway. If Altantuya was still alive, she could be a witness in any court case pertaining to the scandal. Her involvement would have made things even more complex and stinky for the Malaysian government because the matter would then carry an international dimension. Such publicity would obviously be bad for the Malaysian leaders.

As it turned out, Altantuya was murdered and her remains were destroyed with C-4 on October 18, 2006 in a deserted area in Shah Alam at outskirts of Kuala Lumpur.

But why must Altantuya be killed?

The scandal was in fact a ticking time bomb for Najib and it had landed in UMNO's lap. Any implication sticking to Najib who assumed office as prime minister in April 2009 would be devastating. Najib had also been the Deputy Prime Minister and UMNO deputy president since 2004 and was being groomed to take over from the then premier Abdullah Badawi.

Badawi was at that time struggling to stay in power. He could not decide what to do. Musa Hassan who was the Inspector General of Police when the scandal unfolded declared recently that he had told Badawi that Najib was not involved in the murder.

Mahathir who has been abnormally quiet over the Scorpenes-Altantuya scandal has never commented much on the matter. But according to UMNO insiders, he was actually on top of things. He knew what was going on as he still had spies in the Special Branch. Sensing Badawi would be of no help in such a critical situation and that Najib lacked shrewdness, Mahathir decided to intervene. He convinced the IGP that no matter what, UMNO must be saved.

Najib would then be told to let the police handle the murder investigation and he was in turn to tell Rosmah to go along with whatever the police did. UMNO – which the latest documents seized by French police showed also had a stake in the Scorpenes commission – too wanted the whole scandal to be suppressed. So how else but the usual political arm-twisting. Make use of the judiciary and rig the trial! Sounds familiar?

But no matter how many Qurans or holy books Najib swears on, it is impossible for anyone who goes through the case to not think he was directly involved in some way or other. Same goes for UMNO, Baginda and Rosmah. Whether anyone of these parties actually ordered Altantuya’s killing is premature to guess for now. It is still possible to know the truth as the two bodyguards who shot and bombed her are still alive on death row, appealing their hanging sentences.

And one day, the two killers might just decide to come clean. Even if they ‘disappeared’ as many Malaysians fear they might, the truth can still be uncovered because there are so many intertwined documents and witness accounts. All it takes is an honest-to-goodness police investigation and a fair and un-rigged court trial or public inquiry! Then even if the Scorpenes money takes years to recover, at least the ghost of Altantuya can finally be laid to rest. And the Malaysian flag fly high in the sky without the shadow of murder blotting its glory.

Tanggungjawab Kita Adalah Bawa Perubahan

Posted: 13 Jun 2012 08:32 AM PDT
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