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.