Military court to fall under Supreme Court<\/p>\n
Muninggar Sri Saraswati, The Jakarta Post\/Jakarta<\/p>\n
The administration and supervision of the military court is to be
\ntransferred to the Supreme Court on Sept. 1 in accordance with
\nLaw No. 4\/2004 on judicial power, which reinstates a one-roof
\njudicial system.<\/p>\n
However, it remains unclear whether the move will enable a
\ncriminal court to try military personnel.<\/p>\n
The transfer should have taken place by June 30 of this year
\naccording to the law, but has been delayed pending the issuance
\nof the relevant presidential decree, which was signed only on
\nJuly 9.<\/p>\n
According to Presidential Decree No. 56\/2004, a copy of which
\nwas made available to The Jakarta Post, the Supreme Court will
\noversee the organization, administration and financial affairs of
\nthe military court, which was formerly the jurisdiction of
\nIndonesian Military (TNI) headquarters.<\/p>\n
Stephanus Elgin, head of the Supreme Court's military
\ndivision, said the supervision of judges for the court would
\nremain under the jurisdiction of TNI headquarters.<\/p>\n
The decree stipulates that TNI headquarters propose justice
\ncandidates to the Supreme Court, which will approve or reject
\nthem.<\/p>\n
The military court will be the last to be transferred under
\nthe Supreme Court, following the state administrative court and
\nthe religious court.<\/p>\n
Debate has been rife for decades over military personnel who
\ncommit crimes and are not tried at a civilian court. Critics have
\naccused the military court of protecting its soldiers, prompted
\nby the lack of public access to the court.<\/p>\n
Law No. 26\/1997 on military discipline and Law No. 31\/1997 on
\nmilitary court stipulate that all military personnel are subject
\nto trial at the military court for crimes and violations of the
\nMilitary Law.<\/p>\n
In a case involving a presidential guard -- who all hail from
\nthe military -- shooting two Jakarta street vendors, the Jakarta
\nPolice recently handed over the investigation to the guard's
\ncommander, as the two laws remain effective.<\/p>\n
No clear follow-up has been conducted on the case by the
\nmilitary court.<\/p>\n
In a separate case in June 2000, the son of former Army chief
\nGen. (ret) Subagyo Hadisiswoyo, Second Lt. Agus Isrok, was court-
\nmartialled for illegal possession of drugs. He was sentenced to
\nfour years in jail for the crime, which carries a maximum 10 year
\nsentence under Law No. 22\/1997 on narcotics. Six months later,
\nhowever, the Jakarta Military High Court reduced his sentence on
\nappeal and reinstated him to active duty.<\/p>\n
In the few cases when crimes were committed by both military
\npersonnel and civilians, a joint military-civilian tribunal was
\nset up.<\/p>\n
Law observers have suggested military personnel be prosecuted
\nin a civilian court if they committed crimes that victimized
\ncivilians.<\/p>\n
Meanwhile, the House of Representatives is currently
\ndeliberating a bill on an amended Law No. 31\/1997, which
\nstipulates that military personnel are not subject to only the
\nmilitary court.<\/p>\n
Zain Badjeber, who chairs the House legislation body, has said
\nthat military personnel could be prosecuted by a district court
\nif they violated the Criminal Code.<\/p>\n
However, former Military Police chief Maj. Gen. (ret) Sulaiman
\nA.B. said in June that Military Police -- in the Army, the Navy
\nor the Air Force -- would remain in charge of investigations for
\nthe next five years into military personnel alleged to have
\nviolated the Criminal Code for the next five years, citing the
\nunreadiness of the police.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/military-court-to-fall-under-supreme-court-1447893297",
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"sponsor": "Okusi Associates",
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