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)