Govt submits law on human rights court

JAKARTA (JP): In an unusual move, the government asked the House of Representatives to reject a draft law it submitted on Friday endorsing the government regulation in lieu of a law on the establishment of a human rights court.

Speaking during a House plenary session presided over by House Speaker Akbar Tandjung, Minister of Law and Legislation Yusril Ihza Mahendra said the House was being asked to reject the draft because the government regulation contained numerous weaknesses and loopholes.

"The present government is submitting the draft just to maintain the orderliness of governmental practices," Yusril said.

The government regulation was drafted during the administration of president B.J. Habibie, which ended in October, but never submitted to the House for approval.

"If the House rejects the draft law, the present government will be ready to submit a new one which is easier to enact," Yusril said.

The minister said the draft law's main flaw was its stipulation that human rights cases be tried by district courts. It is feared that this would lead to military intervention in the judicial process.

"District courts will lack the judges to handle human rights cases and this bill allows them to recruit judges from the military tribunal," he said.

The draft law sponsored by the Habibie government was proposed as a supporting regulation to the 1999 Law on Human Rights and the National Commission on Human Rights.

It dealt with the authority of human rights courts to investigate and try genocide, arbitrary killings, abductions and systemic discrimination.

The bill gave the National Commission on Human Rights the authority to investigate atrocities, abductions, arbitrary killings and systemic discrimination.

It also stipulated that human rights cases be handled by district courts and trials be held in regencies and mayoralties.

Higher courts

Yusril said human rights cases should be handled by higher courts, which did not have such heavy caseloads and were relatively independent compared to district courts.

He added that higher courts could be closely supervised by the Supreme Court.

"To me, the bill must be revised and I will do it if the House wants the government to do so," he said.

He said the House should regulate that human rights cases be tried by provincial courts in coordination with the Supreme Court. Provincial courts should be allowed to hire ad hoc justices, who could be noted legal experts and human rights activists, to ensure the fairness of the trials, he added.

"Legal experts and human rights activists such as Adnan Buyung Nasution and Munir, whose ability to handle human rights violations is beyond doubt, can be recruited as ad hoc justices."

Asked about trials for human rights violations in Aceh, Yusril said they would be handled by the Supreme Court and a team of justices to hear the cases would be formed in a week. (rms)