Military court to fall under Supreme Court

Muninggar Sri Saraswati, The Jakarta Post/Jakarta

The administration and supervision of the military court is to be transferred to the Supreme Court on Sept. 1 in accordance with Law No. 4/2004 on judicial power, which reinstates a one-roof judicial system.

However, it remains unclear whether the move will enable a criminal court to try military personnel.

The transfer should have taken place by June 30 of this year according to the law, but has been delayed pending the issuance of the relevant presidential decree, which was signed only on July 9.

According to Presidential Decree No. 56/2004, a copy of which was made available to The Jakarta Post, the Supreme Court will oversee the organization, administration and financial affairs of the military court, which was formerly the jurisdiction of Indonesian Military (TNI) headquarters.

Stephanus Elgin, head of the Supreme Court's military division, said the supervision of judges for the court would remain under the jurisdiction of TNI headquarters.

The decree stipulates that TNI headquarters propose justice candidates to the Supreme Court, which will approve or reject them.

The military court will be the last to be transferred under the Supreme Court, following the state administrative court and the religious court.

Debate has been rife for decades over military personnel who commit crimes and are not tried at a civilian court. Critics have accused the military court of protecting its soldiers, prompted by the lack of public access to the court.

Law No. 26/1997 on military discipline and Law No. 31/1997 on military court stipulate that all military personnel are subject to trial at the military court for crimes and violations of the Military Law.

In a case involving a presidential guard -- who all hail from the military -- shooting two Jakarta street vendors, the Jakarta Police recently handed over the investigation to the guard's commander, as the two laws remain effective.

No clear follow-up has been conducted on the case by the military court.

In a separate case in June 2000, the son of former Army chief Gen. (ret) Subagyo Hadisiswoyo, Second Lt. Agus Isrok, was court- martialled for illegal possession of drugs. He was sentenced to four years in jail for the crime, which carries a maximum 10 year sentence under Law No. 22/1997 on narcotics. Six months later, however, the Jakarta Military High Court reduced his sentence on appeal and reinstated him to active duty.

In the few cases when crimes were committed by both military personnel and civilians, a joint military-civilian tribunal was set up.

Law observers have suggested military personnel be prosecuted in a civilian court if they committed crimes that victimized civilians.

Meanwhile, the House of Representatives is currently deliberating a bill on an amended Law No. 31/1997, which stipulates that military personnel are not subject to only the military court.

Zain Badjeber, who chairs the House legislation body, has said that military personnel could be prosecuted by a district court if they violated the Criminal Code.

However, former Military Police chief Maj. Gen. (ret) Sulaiman A.B. said in June that Military Police -- in the Army, the Navy or the Air Force -- would remain in charge of investigations for the next five years into military personnel alleged to have violated the Criminal Code for the next five years, citing the unreadiness of the police.