Compromises vital to settle debate on human rights bill
Compromises vital to settle debate on human rights bill
JAKARTA (JP): Political compromises are needed to settle the
debate over the retroactive clause within a new bill on human
rights tribunal, Minister of Law and Legislation Yusril Ihza
Mahendra said on Friday.
Yusril said that political comprises by the House of
Representatives would be inevitable because a retroactive term is
uncommon in present Indonesian laws.
Article 1 of the Indonesian Criminal Code, for example,
stipulates that an offense can only be tried under a law that has
already been in place before the crime occurs.
Yusril said, however, that "inflexibility" would not solve the
problem.
"If we are rigid, there will be too many past human rights
abuses remaining unresolved ... therefore, I call on the public
to have a thorough discussion to reach a political decision on
the matter," Yusril told reporters.
Yusril's statement came as a group of legal experts were
finalizing the new bill which will be the key legal instrument to
try former Indonesian Military chief Gen. Wiranto for human
rights abuses in East Timor.
Wiranto, who is now Coordinating Minister for Political
Affairs and Security, and a number of senior military officers
have been implicated in last year's violence in the ravaged
territory of East Timor by the National Commission on Human
Rights.
The retroactive clause will provide a basis for trying rights
violations occurring before the date of the bill's enactment.
The bill, which is expected to be submitted to the House
before the end of the month, also includes an article which can
charge those who aided and abetted human rights violations,
regardless of their presence at the scene where the offenses took
place.
Separately, Director General for Law and Legislation Romly
Atmasasmita, said that the retroactive clause had been
implemented to try those who were involved in serious
international crimes.
"Human rights violations are not regular criminal offenses so
we have to use both national and international standards," said
Romly, who also is a leading member of the group of experts
helping to fine-tune the draft bill.
"Indonesia, as a member of the United Nations, must
acknowledge and accept that," Romly added.
Skeptics have said that the government lacks a credible
independent legal system to conduct prosecutions.
They said that the government at present does not have the
legislation, the institutions, or the procedures to bring serious
perpetrators of international crimes to justice.
The government has rejected calls for an international
tribunal to try those involved in the East Timor violence, and
appealed to members of the UN Security Council to allow Jakarta
to handle the issue domestically. (byg)
JAKARTA (JP): Political compromises are needed to settle the
debate over the retroactive clause within a new bill on human
rights tribunal, Minister of Law and Legislation Yusril Ihza
Mahendra said on Friday.
Yusril said that political comprises by the House of
Representatives would be inevitable because a retroactive term is
uncommon in present Indonesian laws.
Article 1 of the Indonesian Criminal Code, for example,
stipulates that an offense can only be tried under a law that has
already been in place before the crime occurs.
Yusril said, however, that "inflexibility" would not solve the
problem.
"If we are rigid, there will be too many past human rights
abuses remaining unresolved ... therefore, I call on the public
to have a thorough discussion to reach a political decision on
the matter," Yusril told reporters.
Yusril's statement came as a group of legal experts were
finalizing the new bill which will be the key legal instrument to
try former Indonesian Military chief Gen. Wiranto for human
rights abuses in East Timor.
Wiranto, who is now Coordinating Minister for Political
Affairs and Security, and a number of senior military officers
have been implicated in last year's violence in the ravaged
territory of East Timor by the National Commission on Human
Rights.
The retroactive clause will provide a basis for trying rights
violations occurring before the date of the bill's enactment.
The bill, which is expected to be submitted to the House
before the end of the month, also includes an article which can
charge those who aided and abetted human rights violations,
regardless of their presence at the scene where the offenses took
place.
Separately, Director General for Law and Legislation Romly
Atmasasmita, said that the retroactive clause had been
implemented to try those who were involved in serious
international crimes.
"Human rights violations are not regular criminal offenses so
we have to use both national and international standards," said
Romly, who also is a leading member of the group of experts
helping to fine-tune the draft bill.
"Indonesia, as a member of the United Nations, must
acknowledge and accept that," Romly added.
Skeptics have said that the government lacks a credible
independent legal system to conduct prosecutions.
They said that the government at present does not have the
legislation, the institutions, or the procedures to bring serious
perpetrators of international crimes to justice.
The government has rejected calls for an international
tribunal to try those involved in the East Timor violence, and
appealed to members of the UN Security Council to allow Jakarta
to handle the issue domestically. (byg)