Bimantoro challenged by officers in legal battle<\/p>\n
JAKARTA (JP): The legal battle between eight middle-ranking
\npolice officers and National Police chief Gen. Surojo Bimantoro
\nbegan on Monday at the South Jakarta District Court.<\/p>\n
The hearings were conducted in four separate rooms at the
\nSouth Jakarta District Court with four judges.<\/p>\n
During the hearing, the judges ordered the National Police not
\nto restrict the plaintiffs' lawyers from meeting their clients.
\nThe officers' lawyers told the court that they were prohibited by
\ncertain officers at the National Police Headquarters from meeting
\ntheir clients.<\/p>\n
The court was hearing the lawsuits filed by Sr. Comr. Alfons
\nLoemau, Sr. Comr. Salikin Moenits, Sr. Comr. Parlindungan Sinaga,
\nSr. Comr. Banjarnahor, Sr. Comr. Nurdin Umar, Sr. Comr. Bambang
\nWidodo, Sr. Comr. Badaruzzaman Hidir and Adj. Comr. Herman Kotto
\nagainst Bimantoro for ordering their arrest and detention for
\nalleged insubordination.<\/p>\n
Johnson Panjaitan, chairman of a team of lawyers grouped under
\nthe Police Professional Solicitors Team, said that the officers
\nrefiled the suits against Bimantoro because the latter did not
\ngive a positive response after they withdrew their previous
\nlawsuits.<\/p>\n
Instead of releasing them, the police chief kept them under
\ndetention at the Police Mobile Brigade Headquarters in Kelapa
\nDua, south of here, he said.<\/p>\n
The plaintiffs' lawyers argued that the National Police could
\nnot charge the eight officers by exercising articles under the
\nmilitary criminal code relating to abuse of power.<\/p>\n
Based on the People's Consultative Assembly (MPR) Decree No.
\nVII\/MPR\/2000 Article 7 paragraph 4, the National Police must
\nabide by civilian laws and regulations and not military rules.<\/p>\n
\"Any violations of the law by police officers should be taken
\nbefore a civil court and not a military tribunal,\" lawyer Irfan
\nMelayu told the hearing of Alfons Loemau.<\/p>\n
The lawyers claimed that the procedures the police employed in
\nthe detention and questioning of the plaintiffs were \"incorrect\".<\/p>\n
The warrant for the arrest of the plaintiffs which was dated
\nJuly 22 and was made under the orders of Bimantoro, who was no
\nlonger the National Police chief.<\/p>\n
President Abdurrahman Wahid had issued Presidential Decree
\nNo. 49\/2001 suspending Bimantoro as the National Police chief on
\nJuly 1.<\/p>\n
\"The order by Bimantoro, who claimed to retain his position as
\nNational Police chief, should be annulled by law,\" Irfan
\nremarked.<\/p>\n
Meanwhile, the team of lawyers from the National Police
\nheadquarters insisted that the MPR Decree No. VII\/MPR\/2000
\nArticle 7 paragraph 4 did not specify a concrete explanation that
\nthe National Police must abide by civilian laws and regulations.<\/p>\n
It did not stipulate who should investigate, prosecute or try
\npolice officers who violated the law, according to the lawyers.<\/p>\n
The National Police are still under the Military court
\naccording to Law No. 31\/1997 Article 5 paragraph 1 about military
\ncourt and Law No. 28\/1997 Article 5 paragraph 1 which states that
\nthe National Police are part of the Indonesian Military, said Sr.
\nComr. Suyitno, a lawyer from the National Police headquarters.<\/p>\n
The lawyers claimed that the plaintiffs' lawsuit was \"error in
\npersona\" since the accused should not be Bimantoro but their own
\nsupervisors.<\/p>\n
\"We (the National Police lawyers) questioned the role of the
\nplaintiff's lawyers since they should have a permit or an order
\nfrom the officers' supervisors,\" Suyitno told the hearing of
\nAlfons.<\/p>\n
They asked the court to suspend the hearings because the cases
\nshould have been handled by a military court and not a civilian
\ncourt.<\/p>\n
The hearings will resume on Tuesday.<\/p>\n
After the hearings, Johnson told reporters that his clients
\nhad been physically and mentally abused by a police officer
\nduring their detention.<\/p>\n
\"I saw a police officer slap Bambang Widodo in public while
\nsaying that he had made the situation worse,\" he said.<\/p>\n
He also regretted that the plaintiffs, as middle-ranking
\nofficers, were detained in Kelapa Dua, a place for lower ranking
\nofficers.<\/p>\n
The plaintiffs' families attended the hearings to support the
\nplaintiffs lawsuit. Some of them carried posters reading \"the
\ndetention is unlawful\".<\/p>\n
The plaintiffs are being detained for allegedly staging a
\nrevolt against Bimantoro as they, along with dozens of middle-
\nranking officials, held a discussion over Bimantoro's defiant
\nstance against then president Abdurrahman Wahid on July 9. (04)<\/p>",
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