Debate on human rights tribunal bill continues<\/p>\n
JAKARTA (JP): Legal experts debated on Wednesday the
\nappropriateness of a retroactive clause within a new bill on a
\nhuman rights tribunal saying that the term is uncommon in present
\nIndonesian law.<\/p>\n
Article 1 of the Indonesian Criminal Code, for example,
\nstipulates that an offense can only be tried under a law that has
\nbeen in place before the crime occurs.<\/p>\n
Speaking at a seminar to fine-tune the bill, which was
\nscheduled to be submitted to the House of Representatives next
\nmonth, the experts also said that the retroactive clause would
\ncreate more controversy as its exact period would always be
\ndebated.<\/p>\n
\"Some have suggested a period of 15 years, but I am sure that
\nmany will disagree because they will think that this is
\ndiscrimination,\" criminal code expert Loebby Loqman said.<\/p>\n
Human rights lawyer Abdul Hakim Garuda Nusantara, who was also
\nspeaking on Wednesday, said, however, that past human rights
\nabuses would remain unresolved if the retroactive clause was
\ndeleted.<\/p>\n
\"We should not be too rigid and we should also consider the
\nsense of justice everyone is clamoring for,\" Abdul Hakim said.<\/p>\n
The seminar was organized by the Ministry of Law and
\nLegislation and was attended by government officials, police and
\nmilitary officers and human rights activists.<\/p>\n
Also speaking on Wednesday was the director general for law
\nand legislation, Romly Atmasasmita, former justice minister
\nMuladi and rights activist Munir.<\/p>\n
Minister of Law and Legislation Yusril Ihza Mahendra said
\nearlier that political compromises would eventually be needed to
\nsettle the debate over the retroactive clause within the bill.<\/p>\n
Yusril also said \"inflexibility\" would not solve the problem
\nand called on the public to have a thorough discussion to reach a
\npolitical decision on the matter.<\/p>\n
Many believe the bill will be the key legal instrument to try
\nformer Indonesian Military chief Gen. Wiranto and a number of
\nsenior military officers who have been implicated in the East
\nTimor violence by a government inquiry.<\/p>\n
The retroactive clause will provide a basis for trying rights
\nviolations occurring before the date of the bill's enactment.<\/p>\n
The bill also includes an article which can charge those who
\naided and abetted human rights violations, regardless of their
\npresence at the scene where the offences took place.<\/p>\n
Meanwhile, Romly said the retroactive clause was implemented
\nto try those involved in \"serious\" international crimes.<\/p>\n
\"Human rights violations are not regular criminal offences so
\nwe have to use both national and international standards,\" said
\nRomly, who is also a leading member of the group of experts
\nhelping to draft the bill.<\/p>\n
\"Indonesia, as a member of the United Nations, must
\nacknowledge and accept that,\" Romly added.<\/p>\n
Skeptics have said the government lacks a credible independent
\nlegal system to conduct prosecutions.<\/p>\n
They said the government at present does not have the
\nlegislation, the institutions or the procedures to bring serious
\nperpetrators of international crimes to justice.<\/p>\n
The government has rejected calls for an international
\ntribunal to try those involved in the East Timor violence, and
\nappealed to members of the UN Security Council to allow Jakarta
\nto handle the issue domestically. (byg)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/debate-on-human-rights-tribunal-bill-continues-1447893297",
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