House approves law on human rights tribunal
House approves law on human rights tribunal
JAKARTA (JP): The House of Representatives passed on Monday a
law on human rights tribunals which makes it possible to try past
abuses.
In a plenary session led by House Deputy Speaker Soetardjo
Soerjoguritno, all 10 factions at the House endorsed the law.
The law may be key in trying those suspected of rights abuses
during last year's violence in East Timor, and overcoming the
controversy over a recent constitutional amendment which supports
the principle of nonretroactivity.
According to Article 43 of the new law, past rights abuses can
be brought to an ad hoc tribunal after receiving approval from
the House and the president.
The Indonesian Democratic Party of Struggle (PDI Perjuangan)
faction hailed the law, but urged fairness in using the law to
hear cases of past human rights abuses.
"Let the House decide what crimes in the past can be brought
to the tribunal," faction spokesman Don Herdono said during the
session.
Don remarked the application of the law's retroactive
principle could be used in conjunction with the planned rights
and reconciliation commission.
He said PDI Perjuangan also agreed with the inclusion of
"omission" in Article 42 of the law, which makes it possible for
superiors in military and civilian institutions to be held
responsible for human rights abuses committed by their
subordinates.
"There will be no more trials where only lower ranking
soldiers are prosecuted while their superiors go free," Don
remarked.
The Golkar Party faction also said it supported the law, which
caries a maximum sentence of 25 years in prison for gross human
rights violations, including genocide and crimes against
humanity.
"It's a breakthrough for our Criminal Code, but it's normal
since genocide and crimes against humanity should be punished
with heavy sentences," Golkar faction spokesman M. Akil Mochtar
said.
The Criminal Code currently carries a maximum punishment of 20
years in prison, though certain crimes such as drug trafficking
can be punished with a life sentence or death.
Akil said Golkar also agreed with the law's assertion that the
National Commission on Human Rights has the right to investigate
rights abuses.
"The commission has the experience and professionalism, and
is expected play an important role in processing human rights
abuses," he contended.
The National Awakening Party (PKB) faction hailed the law for
allowing for the prosecution of incidents taking place outside
Indonesian territory, as stipulated in Article 5.
"The tribunal can try human rights abuses committed by
Indonesians outside Indonesian territory," faction spokesman
Achmad Syatibi said, apparently referring to alleged rights
abuses in East Timor.
Most factions agreed that the possibility of trying past
rights abuses should remain open despite the constitutional
amendment.
Minister of Justice and Human Rights Yusril Ihza Mahendra said
the passing of the new law should assuage fears that past human
rights abuses would go unpunished.
Yusril even quipped that with the law, as long as there was
approval from the House, an ad hoc tribunal could be established
to investigate alleged rights abuses dating back to Adam and Eve.
Yusril also suggested cases involving foreigners be
investigated, noting some former Dutch residents accused Japanese
soldiers of torture during the Japanese occupation in the
1940s.(jun)