Lawyers argue over civil, military court for police

Lawyers argue over civil, military court for police

JAKARTA (JP): Lawyers of the eight middle-ranking officers who
sued the National Police Chief Gen. Surojo Bimantoro vowed on
Wednesday to present members of the highest law-making body to
the South Jakarta District Court on Thursday.

Lawyer Johnson Panjaitan said that they expected members of
the People's Consultative Assembly (MPR) to explain MPR decree
No. VII/MPR/2000 Article 7 paragraph 4, which stipulates that the
National Police must abide by civilian laws and regulations.

"The police are acting against the MPR decree since they keep
claiming that they are part of the military," Johnson told The
Jakarta Post.

Johnson said that the lawyers needed to know whether or not
the MPR decree was still being enforced in the country.

He pointed to the opinion expressed by Bimantoro's lawyers who
said that the National Police were part of the Indonesian
Military, therefore, its members who violated the law should be
tried in a military court, not in a civilian court.

On Tuesday, Bimantoro's lawyers from the National Police
Headquarters insisted that the MPR decree had yet to state
clearly who should carry out the investigation, prosecution and
trial of police personnel who violated the law.

Sr. Comr. Suyitno said that members of the National Police
should be tried in a military court according to Law No. 31/1997
Article 5 paragraph 1 about military court and Law No. 28/1997
Article 5 paragraph 1 which states that the National Police are
part of the Indonesian Military.

Meanwhile, Bimantoro's lawyers presented Loebby Loekman as a
law expert to the trial of Sr. Comr. Alfons Loemau, one of the
eight plaintiffs.

"MPR Decree No. VII/MPR/2000 is still in a "philosophical
form" and cannot automatically be enforced since there should be
regulations to stipulate its implementation," Loebby told the
court.

He asserted that the National Police could still employ
military law to try its members who violated the law.

However, Loebby admitted that the National Police had been
separated from Indonesian Military in accordance with MPR Decree
No. VII/MPR/2000 and that the MPR decree and Law No. 28/1997
contradicted each other.

"There should be a regulation about the MPR's decree," he
concluded.

Judge I.D.G. Putra Jadnya adjourned the hearing until
Thursday.(04)