In the name of justice<\/p>\n
Law enforcement is supposed to be one of the four components
\nof the ongoing joint operation in Aceh, which the government
\nlaunched on May 19. The other three elements are security
\nrestoration, humanitarian assistance, and the empowerment of
\nlocal government. But precisely what law the government is trying
\nto enforce is not clear because on the same day it was launched,
\nPresident Megawati Soekarnoputri declared martial law in Aceh and
\neffectively put the province under military control.<\/p>\n
As far as law enforcement within this joint operation is
\nconcerned, the question that comes to mind is whether the
\nauthorities -- in this case the military or the police -- are
\nthere to administer martial law, or civil law.<\/p>\n
What we see on the ground is a combination of the two. In one
\ninstance, a civil law is enforced; at other times, martial law.
\nIn one case, a civil law is applied; in another, it is martial
\nlaw. This confusion is most apparent in the way that the
\nauthorities in Aceh are handling the detention of people
\nsuspected of being part of, or supporting, the separatist Free
\nAceh Movement (GAM).<\/p>\n
Some of these people were arrested by the police and are in
\ntheir custody. At the same time, the military has been conducting
\nits own arrests of suspected rebels. The ones in police custody
\nface charges ranging from terrorism to treason, offenses that
\ncarry severe sentences, including capital punishment. Those under
\nmilitary custody are less fortunate: they are not even being
\ngiven due process of law.<\/p>\n
Most, if not all, the suspects, whether they are in police or
\nmilitary custody, have also been denied or deprived of legal
\ncounsel, even as they face these very serious charges.<\/p>\n
The military could invoke many of the powers under martial law
\nin denying suspects their basic rights, but such practice does
\nnot bode well for the image of the ongoing joint operation. It
\nsmacks of hypocrisy, because the military as well as the police
\nare violating the laws they are supposed to enforce.<\/p>\n
The success (or failure) of the joint operation depends to a
\nlarge extent on the support of the people of Aceh. Winning their
\nhearts and minds is crucial. The government's performance in the
\noperation to enforce the law is no less important than the other
\nparts of the operation. That means consistency, transparency and
\nnondiscrimination in applying the laws.<\/p>\n
At the moment, there are effectively two sets of law being
\nenforced simultaneously in Aceh. The point where civil law ends
\nand martial law begins (or vice versa) is not clear. The decision
\nas to which law to apply is taken arbitrarily to suit the
\ninterests of the powers that be.<\/p>\n
This discriminatory practice is apparent in the way the
\nmilitary handles wrongdoings by its members. While we laud the
\nmilitary decision to hold impromptu tribunals for soldiers who
\nare found to have violated the law, the punishments meted out by
\nthe tribunals defy the public's sense of justice.<\/p>\n
A case in point is the two-and-half to three-and-half year
\nprison terms meted out by the military tribunal to three Army
\nsoldiers for rape on Saturday. Although the soldiers were charged
\nwith rape under a criminal code applicable to civilians, they
\nwere given the minimum sentence.<\/p>\n
This is a gang-rape committed by people in uniform, who were
\nassigned to protect the lives of the local people. Their sin went
\nmore than rape. It included abuse of power and abuse of trust.<\/p>\n
The judges (who are from the military) should have given the
\nmaximum sentence, which, under the Criminal Code is 12 years
\n(this is laughable, but we have to make do with this until we
\nreview the Criminal Code). The three soldier-rapists should have
\nbeen severely punished, not only because they deserve it, but
\nalso in order to deter other soldiers from committing the same
\ncrime.<\/p>\n
Alas, from the way that the joint operation in Aceh has been
\nconducted, it is clear that the restoration of security has taken
\npriority above all else. All the other elements in the joint
\noperation, including law enforcement, have been subordinated to
\nsupport the goals of the security operation.<\/p>\n
In fact, it is highly doubtful whether a law enforcement
\noperation can be effective when a state of emergency has been
\ninvoked in which the military has powers to suspend many laws.<\/p>\n
The law enforcement operation can only be successful if the
\nchief objective of the exercise is to uphold justice. To this
\nday, the operation has been conducted in so far as it supports
\nthe military goals, nothing more, nothing less. Justice,
\nespecially justice for the people of Aceh, does not feature
\nprominently as an objective of this operation.<\/p>\n
Not surprisingly, it has had little success.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/in-the-name-of-justice-1447899208", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }