Bill helps to maintain military impunity<\/p>\n
Tiarma Siboro, The Jakarta Post, Jakarta<\/p>\n
The House of Representatives has proposed a bill to revise Law
\nNo. 31\/1997 on military tribunals, but efforts to do away with
\nimpunity for soldiers has many obstacles as the draft fails to
\nspecify offenses that requires soldiers to stand trial in a
\ncivilian court.<\/p>\n
Article 9 of the bill spells out the authority of the military
\ntribunals, which hear criminal cases involving soldiers or those
\nconsidered to be soldiers.<\/p>\n
The appendix of the bill says that military offenses are
\nclassified as all violations perpetrated by servicemen.<\/p>\n
In accordance with judicial reforms, the Supreme Court has
\nintroduced a new system, which requires military personnel
\ncharged with violating the Criminal Code to stand trial at a
\ndistrict court. The proposed reforms followed People's
\nConsultative Assembly Decree No. VII\/2000 on the roles of the
\nIndonesian Military (TNI) and the National Police.<\/p>\n
Article 3 paragraph 4 of the decree says that soldiers are
\nsubject to trial at the military tribunal for violations of the
\nMilitary Law, and the public court for violations of the Criminal
\nCode.<\/p>\n
While the police force has complied with the MPR decree, the
\nTNI has refused.<\/p>\n
One of the lawmakers who sponsored the draft, Lukman Hakim
\nSaifuddin, said the bill did not categorize which crimes could
\nsend soldiers to military court or civilian court, for fear that
\n"the more crimes that are listed, the more legal loopholes may
\nappear."<\/p>\n
But Lukman of the United Development Party (PPP) said the bill
\nwas not yet final. "We welcome more suggestions," he added.<\/p>\n
Lukman denied allegations that the bill was a setback for the
\nongoing attempt to reform the military, saying the draft suggests
\nthat soldiers be tried in the ad hoc human rights court for
\nallegedly perpetrating institutional crimes.<\/p>\n
"A soldier who allegedly commits a crime in his capacity as a
\nserviceman must face the rights tribunal if there are indications
\nthat he or she was merely following an order. To determine that,
\nhowever, requires more investigation," Lukman said.<\/p>\n
Debate has been rife for decades over military personnel who
\nare court-martialled. Such trials have been largely used as
\nattempts to protect, instead of punish, the soldier, thereby
\nkeeping the military's impunity intact due to a lack of public
\naccess to the trial.<\/p>\n
The chain-of-command issue has often been a stumbling block
\nfor investigations into active or retired military officers
\naccused of corruption or gross human rights violations.<\/p>\n
Hari T. Prihantono of the ProPatria think tank, which
\ncampaigns for military reform, said that while the TNI had
\nacknowledged the supremacy of the Criminal Code following the
\nendorsement of the TNI law last year, no actual changes had been
\nmade, and the military tribunal law remains unchanged.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/bill-helps-to-maintain-military-impunity-1447893297",
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"sponsor": "Okusi Associates",
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