Experts demand criminal code procedure changes<\/p>\n
JAKARTA (JP): Indonesia's current criminal code procedures,
\nlast updated in 1981, are in need of reform because they are
\nwidely open to abuse, a group of legislators and law experts said
\nyesterday.<\/p>\n
Leading human right campaigner Abdul Hakim Garuda Nusantara
\nfound receptive ears during a hearing with Commission III of the
\nHouse of Representatives in his campaign to have the code of
\nprocedures reformed.<\/p>\n
The legislators concluded that the code should be changed and
\nshould include sanctions against those guilty of procedural
\nviolations.<\/p>\n
They also underlined the need for the new court procedures to
\nadopt regulations stipulated in various UN declarations,
\nincluding those against injustices, on victims' protection,
\nagainst power abuse and on law enforcement code of ethics. They
\nsaid Indonesia should also ratify a UN convention against torture
\nby public authorities.<\/p>\n
Abdul Hakim, the chairman of the Institute for Policy Research
\nand Advocacy, during the hearing gave ample examples of cases
\nwhen the criminal code procedures were violated by the police and
\ndistrict attorneys during the various cases he and his agency has
\nhandled.<\/p>\n
In essence, he said the code does not stipulate punishments in
\ncases where law enforcement agencies violate the procedures.<\/p>\n
He said in one instance, a person summoned by the police for
\nquestioning in relation to the libel charges against politician
\nSri Bintang Pamungkas complained that the statement that he was
\nasked to sign did not reflect the verbal statement he made to the
\ninvestigators.<\/p>\n
The man has also said he was forced to make statements
\nincriminating the suspect, Abdul Hakim said.<\/p>\n
Article 117 of the criminal code procedures stipulates that a
\nsuspect's or a witness' testimony is given before the
\ninvestigators on condition that he\/she is free from any kinds of
\npressure and the investigators write the testimony appropriately.<\/p>\n
Abdul Hakim said the way police broke into the office of the
\nAlliance of Independent Journalists (AJI) in March last year and
\nseized materials from the office to build their case against
\nmembers of the group violated the criminal code procedures.<\/p>\n
\"Such procedural violations had occurred and will continue to
\nhappen because there are no sanctions against the perpetrators in
\nthe criminal code procedures,\" Hakim said.<\/p>\n
Most pre-trial hearings filed by defendants against police and
\ndistrict attorneys for procedural irregularities were defeated in
\ncourt because of the lack of clarity on the issue in the criminal
\ncode procedures. (imn)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/experts-demand-criminal-code-procedure-changes-1447893297",
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