Criminal code procedures need revision
Criminal code procedures need revision
JAKARTA (JP): Trimoelja D. Soerjadi, this year's recipient of
the Yap Thiam Hien human rights award, believes that the current
Procedures of the Indonesian Criminal Code (KUHAP) fail to
protect the basic rights of defendants and thus need to be
revised.
"KUHAP does not provide transparent sanctions for the
violation of a defendant's basic rights," he said here over the
weekend.
"Therefore it must be reevaluated," Trimoelja said at the
award presentation ceremony here Saturday night.
The award, inscribed with the name of a dedicated Indonesian
human rights lawyer Yap Thiam Hien, was given to Trimoelja, a
Surabaya-based lawyer, for his continuous struggle in defense of
basic rights.
The ceremony was held by the Foundation of the Center for the
Study of Human Rights (Yapusham).
The members of the jury for this year's award included
Abdurrahman Wahid, chairman of the Moslem organization Nahdlatul
Ulama, Adnan Buyung Nasution, chairman of the board of directors
of the Indonesian Legal Aid Foundation, Amartiwi Saleh, a
Bandung-based respected lawyer, Dr. Deliar Noer, a political
scientist of the University of Indonesia, and Y.B. Mangunwijaya,
a noted priest and columnist.
Trimoelja, 55, rose to prominence after he defended an East
Java company president accused of masterminding the murder of
labor activist Marsinah last year.
Judi Susanto, his client and the owner of the watch making
factory PT Catur Putra Surya that employed Marsinah, was
sentenced to 17 years in prison by a Surabaya district court
earlier this year but was just recently acquitted by the East
Java High Court.
Trimoelja said that KUHAP does not include any rulings with
regards to investigating officers or prosecutors who have been
found guilty of arresting defendants unlawfully.
Citing an example, he said KUHAP had proved to be unfair when
the Surabaya District Court decided in its pretrial session that
Judi's arrest was unlawful, and still no measures were taken
against those having violated legal procedures.
Worse still, Trimoelja said he could not get in touch with his
client when he was arrested on Oct. 1, 1993.
"I could only see Judi 19 days later," he said, adding that
this went against article 69 of KUHAP.
He also said that his client was not assisted by a lawyer when
he was questioned by the police authorities.
Trimoelja said that there is also no law concerning the
unlawful ransacking and seizure of a defendant's belongings.
Meanwhile, Goenawan Mohamad, former chief editor of the
defunct Tempo magazine and director of Yapusham, said in his
speech at the ceremony that Trimoelja is one of the few lawyers
still fighting for the supremacy of truth.
"Trimoelja is one of a thousand lawyers bold enough to say
what is right, despite physical and mental intimidation," said
Goenawan in a very emotional speech.
Todung Mulya Lubis, chairman of the Yapusham board of
directors, said Trimoelja had helped rehabilitate the image of
Indonesian lawyers.
He said the image has lately been tarnished by the
commercialization of the lawyers' profession.
They said in their statement that Trimoelja deserved the award
for his consistent, persistent, and courageous fight against the
mounting fear and powerlessness among the people in the face of
power and money. (imn)
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