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)