Debate on human rights tribunal bill continues
Debate on human rights tribunal bill continues
JAKARTA (JP): Legal experts debated on Wednesday the
appropriateness of a retroactive clause within a new bill on a
human rights tribunal saying that the term is uncommon in present
Indonesian law.
Article 1 of the Indonesian Criminal Code, for example,
stipulates that an offense can only be tried under a law that has
been in place before the crime occurs.
Speaking at a seminar to fine-tune the bill, which was
scheduled to be submitted to the House of Representatives next
month, the experts also said that the retroactive clause would
create more controversy as its exact period would always be
debated.
"Some have suggested a period of 15 years, but I am sure that
many will disagree because they will think that this is
discrimination," criminal code expert Loebby Loqman said.
Human rights lawyer Abdul Hakim Garuda Nusantara, who was also
speaking on Wednesday, said, however, that past human rights
abuses would remain unresolved if the retroactive clause was
deleted.
"We should not be too rigid and we should also consider the
sense of justice everyone is clamoring for," Abdul Hakim said.
The seminar was organized by the Ministry of Law and
Legislation and was attended by government officials, police and
military officers and human rights activists.
Also speaking on Wednesday was the director general for law
and legislation, Romly Atmasasmita, former justice minister
Muladi and rights activist Munir.
Minister of Law and Legislation Yusril Ihza Mahendra said
earlier that political compromises would eventually be needed to
settle the debate over the retroactive clause within the bill.
Yusril also said "inflexibility" would not solve the problem
and called on the public to have a thorough discussion to reach a
political decision on the matter.
Many believe the bill will be the key legal instrument to try
former Indonesian Military chief Gen. Wiranto and a number of
senior military officers who have been implicated in the East
Timor violence by a government inquiry.
The retroactive clause will provide a basis for trying rights
violations occurring before the date of the bill's enactment.
The bill also includes an article which can charge those who
aided and abetted human rights violations, regardless of their
presence at the scene where the offences took place.
Meanwhile, Romly said the retroactive clause was implemented
to try those involved in "serious" international crimes.
"Human rights violations are not regular criminal offences so
we have to use both national and international standards," said
Romly, who is also a leading member of the group of experts
helping to draft the bill.
"Indonesia, as a member of the United Nations, must
acknowledge and accept that," Romly added.
Skeptics have said the government lacks a credible independent
legal system to conduct prosecutions.
They said 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)