Retroactive clause scrapped from rights tribunal bill
Retroactive clause scrapped from rights tribunal bill
JAKARTA (JP): The government has scrapped the controversial
retroactive clause from the human rights bill and proposed that
past human rights violations be tried in an ad hoc tribunal.
"The bill would give the House of Representatives authority to
set up an ad hoc tribunal to try past human rights violations,"
rights activist Munir of the Commission for Missing Persons and
Victims of Violence (Kontras) told reporters on Saturday.
Munir was speaking after attending the final session to fine-
tune the bill at the Ministry of Law and Legislation.
He said the draft law, which could provide the key legal
instrument to try top military generals for human rights abuses
in East Timor last year, would be submitted to the House early
this week.
"The plan is to send the final draft law (on rights court) to
the law and legislation minister (Yusril Ihza Mahendra) today for
approval and then the draft is expected to be submitted to the
House either on Tuesday or Wednesday," Munir said of the bill
which, as it stands, comprises 41 articles.
The bill will replace the government regulation in lieu of the
law on human rights tribunal which was rejected by the House last
Tuesday.
The retroactive clause has met with challenges from legal
experts who say the term is uncommon in present Indonesian law.
They also said the retroactive clause would create more
controversy as its exact period would always spark debate.
Many believe that the new bill would be able to break the
cycle of impunity in the country as it includes an article which
can snare even those who aided and abetted human rights
violations.
Article 35 of the bill, a copy of which was obtained by The
Jakarta Post, stipulates that "every state official, military or
police officer, who allows or fails to prevent his or her
subordinates from committing gross human violations is liable to
face the same possible punishment as those who directly commit
violations".
The bill varies punishment from three years to life
imprisonment.
It remains unclear whether the bill, if passed by the House,
could be imposed on those implicated with human rights abuses in
East Timor last year. The government of president B.J. Habibie
proposed the government regulation in lieu of the law on human
rights tribunal last year to avoid any international court for
alleged perpetrators of East Timor violence.
Yusril said the bill could be passed in three months.
Also present on Saturday were chairman of the National
Commission on Human Rights Djoko Soegianto, commission members
Benjamin Mangkoedilaga and Soelistyowati Soegondo, prominent
defense lawyer Adnan Buyung Nasution and legal expert Loebby
Loqman. (byg)