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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