Supreme Court takes over military tribunal

Supreme Court takes over military tribunal

Kurniawan Hari and Muninggar Sri Saraswati, The Jakarta Post, Jakarta

The Supreme Court officially took over on Wednesday the
administration and supervision of the military tribunal from the
Indonesia Military (TNI), apart from the trials of soldiers who
have committed crimes.

Chief Justice Bagir Manan said the Supreme Court was preparing
a new system, whereby military personnel who were charged with
violating the Criminal Code would stand trial at a district
court, in accordance with People's Consultative Assembly (MPR)
Decree No. VII/2000 on the role of the TNI and the National
Police.

"I think it would be better if we followed the procedure
carefully and slowly to ensure the system works well. We don't
expect any clashes just because we want to enforce the system
immediately," Bagir said after the ceremony marking the transfer
of authority, which was attended by TNI chief Gen. Endriartono
Sutarto.

Article 3 paragraph 4 of the decree stipulates that soldiers
are subject to trial at the military tribunal for violations of
the Military Law, and the public court for violations of the
Criminal Code.

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

Bagir said that for the time being, the military tribunal
would continue to try soldiers.

He said problems could arise as soldiers are part of a line of
command, which requires the police to cooperate with the
commanders of soldiers involved in crimes before questioning
them.

"There is a physiological hurdle that must be overcome to
allow the police to investigate soldiers," Bagir said.

Separately, Endriartono said he supported the idea of trying
soldiers who are accused of committing crimes at district courts.

"But, investigative affairs remain the responsibility of the
Military Police in a bid to prevent possible problems following
the separation of the police from the military," he said.

The ceremony on Wednesday capped the government's drive to
reinstate a one-roof judicial system.

Bagir said the Supreme Court was now supervising 73 judges of
the military tribunal across the country, following the transfer
of the organization, administration and financial affairs of the
military tribunal from the TNI to the court.

"They are under our supervision, but TNI headquarters will
remain responsible for military discipline," he said.

Bagir expected the revision of Law No. 31/1997 on the military
tribunal would soon be completed, which would speed up the full
transfer of authority over the military tribunal.

Article 9 of the law states the military tribunal has the
authority to hear criminal cases involving soldiers or those
considered to be soldiers.

Meanwhile, head of the House of Representatives' legislation
body Zain Badjeber said the body had completed a draft revision
of the military tribunal law that would allow district courts to
try soldiers who were accused of committing crimes.

"We have finished the draft and submitted it to the
government. The President, however, has not assigned ministers to
represent the government for the deliberation," Zain told the
Post.