Legality of trial on Tanjung Priok case questioned

Legality of trial on Tanjung Priok case questioned

Tiarma Siboro, The Jakarta Post, Jakarta

Lawyers for the 11 military personnel accused of committing gross
human rights violations in the 1984 Tanjung Priok massacre
questioned on Monday the legality of the ongoing trials against
their clients, arguing that the families of the victims and the
military had reached an out-of-court settlement in the case.

They also said that the ad hoc tribunal, which is being held
at the Central Jakarta District Court building, did not have the
authority to try the case, which should come under the North
Jakarta jurisdiction.

"Both the families of the victims and the military have signed
an islah (traditional Islamic peace settlement) and declared a
reconciliation during a gathering at Sunda Kelapa mosque in
Central Jakarta in March 2001.

"They (the victims and their families) agreed in principle to
end the conflict by accepting compensation (from the military) in
the form of a foundation named Yayasan Penerus Bangsa. The
foundation supports Tanjung Priok victims who are disabled or
have lost their jobs following the incident," one of the defense
lawyers, Yan Djuanda Saputra, told the court which was presided
over by Andi Samsan Nganro.

Relatives of the late Amir Biki, a Muslim cleric killed in the
bloodshed, and former Jakarta Military commander Try Sutrisno,
who was in charge of security in the capital at the time of the
incident, played a prominent role in promoting the islah.

However, not all victims or their families accepted the
out-of-court reconciliation. Among those opposing the settlement
is legislator A.M. Fatwa of the Reform faction.

Also, the Attorney General's Office once ruled that the court
proceedings would continue despite the islah.

The Lawyers also questioned whether or not the court had the
legality to proceed with the trials of the case that took place
almost two decades ago. They argued that the country's legal
system did not recognize a retroactive principle.

"The Indonesian Constitution does not recognize a retroactive
principle," Djuanda said. "The Human Rights Law is very much
against the Constitution in regard to the principle of
retroactivity. It is very clear in the Constitution that the
principle of retroactivity cannot be applied to anyone for
anything."

Jakarta ad hoc rights tribunal prosecutor Widodo Supriady
accused the 11 soldiers of firing at a crowd of Muslim protesters
in front of the North Jakarta Police station on the night of
Sept. 12, 1984. But Djuanda said that "what these soldiers did
was self-defense, not slaughtering of people, because the crowd
was about to attack them."

The Army personnel are Capt. Sutrisno Mascung, Chief Corp.
Asrori, Chief Corp. Siswoyo, Sgt. Maj. Abdul Halim, Second Lt.
Zulfata, Sgt. Maj. Sumitro, Chief Sgt. Sofyan Hadi, Chief Corp.
Prayogi, Chief Corp. Winarko, Chief Corp. Idrus, and Second Sgt.
Muhson.

The soldiers were members of Platoon III of the Air Defense
Artillery Battalion based in North Jakarta.

The shooting followed a mass demonstration demanding the
release of four residents in detention at the Tanjung Priok
Military Command. The authorities claimed that 33 people were
killed in the incident, but eyewitnesses said they saw a
truckload of charred bodies.

Under Law No. 26/2000 on human rights, the soldiers face a
minimum of 10 years in prison and a maximum of the death penalty
if found guilty.

During Monday's trial, dozens of members of Yayasan Penerus
Bangsa, along with TNI soldiers, occupied the court room and
clapped their hands when the lawyers arrived at the "the spirit
of islah" part of their statement.

"We therefore demand the court to reject the accusations,"
Djuanda concluded.

The court was then adjourned until Oct. 7 to hear the
prosecutors' response.