Wed, 27 Aug 1997

Articles on military tribunals dropped

JAKARTA (JP): The House of Representatives finished deliberating yesterday four security and defense-related bills, one of which underwent significant change in that all of its 15 articles on special military tribunals were scrapped.

Hari Sabarno of the Armed Forces faction, who chaired a team which deliberated the military tribunal bill, told a House session that special military tribunals were no longer needed for the country's constitutional law development.

The removal of articles on special military tribunals was just one of "numerous changes" proposed by House legislators on the bills, said legislator Andi Mattalata who presided over yesterday's session.

The initial draft of the government-sponsored bill said that a special military tribunal could be set up by a presidential order to try people, including civilians, who attempt to endanger the state.

Military tribunals would bar any efforts by a convicted person to appeal to a higher court. However, a convicted person could hope for presidential clemency.

According to the draft, such a principle would have a deterrent effect on the public from committing crimes.

The last time a special military tribunal was set up, 17 military officers and leaders of the now outlawed Indonesian Communist Party were tried in 1966 on charges of masterminding a coup attempt in September 1965. The court sentenced all but one to death.

Final drafts of the military tribunal, police, mobilization and military discipline bills were all signed by Minister of Defense and Security Edi Sudrajat on behalf of the government and representatives of the House's four factions.

The package of bills, if endorsed in a session scheduled for Sept. 8, will cut the number of bills remaining to be deliberated to only two.

Deliberation of the manpower and futures commodity trading bills are still underway; both documents are expected to be approved by the House before the legislative body concludes its session on Sept. 19.

When the House ends its five-year term on Sept. 30, it will have deliberated 72 bills.

Mattalata, who also chaired a special House committee which deliberated the four defense and security-related bills, said that each draft saw "significant changes compared to the initial ones submitted by the government" more than six months ago.

He said 70 percent of the military discipline bill was changed.

"Actually, the House exercised its amendment right during deliberation," said Mattalata of the Golkar faction.

He said another major modification was made to the police bill. The article on the use of force and fire arms by on-duty police officers was revised so that it now refers to measures suggested by the Criminal Code and the Criminal Code Procedures.

Hari said that alterations to the draft bills should change the House's image as a mere rubber stamp of government policies.

"We've accommodated public aspirations during deliberations. There should be no complaints or criticism of the bills if they're enacted," he said.

Hari's United Development Party (PPP) counterpart, Aisyah Aminy, said the future law on military discipline could, to some extent, apply to civilians in order to help the national campaign for public discipline. (amd)