TNI keeps power to try soldiers
TNI keeps power to try soldiers
Tiarma Siboro, Jakarta
The military said it would maintain the authority to investigate
soldiers accused of criminal offenses outside of military,
brushing aside public demands to try servicemen in civilian
courts.
The Military Police Chief Maj. Gen. Sulaiman A. Basyir said on
Wednesday that each person accused of committing crimes outside
of the military would be legally processed by the internal
affairs department at each military branch.
"We (the military) will continue processing soldiers accused
of committing crimes because we believe that legal officers with
both the police and the military have yet to improve their legal
knowledge to investigate such cases," Sulaiman told the press on
the sidelines of his corps' 54th anniversary commemoration.
"We have to be careful in responding to any suggestion calling
on the military to let police take over investigation against our
servicemen because it is something new for us. Once we fail to
introduce a policy to soldiers in the field, I'm worried that it
will spark disputes between the two institutions," he added.
Beginning in 1984, the dominant Army was granted the full
authority to investigate and process servicemen accused of
military and/or criminal offenses. The corps, at one time, even
had the power to take legal action against police officers, but
such power was terminated following the separation of the TNI and
the National Police in 2001.
Last year, the Indonesian Military (TNI) headquarters started
to discuss the authority of each military branch and its internal
affairs department to take legal action against their personnel.
In March, TNI Chief Gen. Endriartono Sutarto signed a decree,
deciding on the shifting of the supervision of the National
Military Police -- led by a two-star Army general -- to be
directly under to the TNI headquarters from the Army.
Under the decree, TNI leadership appoints a high-ranking
military officer from the military police corps to be a special
officer leading the corps.
The decree, however, does not regulate the establishment of a
joint team of the police and the military to investigate cases
that implicate servicemen, but grants the Navy's, the Army's and
the Air Force's internal affairs officers with power to prosecute
their own personnel committing both military and criminal
offenses.
Critics have said the establishment of the military court has
resulted in impunity for too many accused servicemen.
Sulaiman argued that the separation of the jobs of each
military force would help the Army improve its capabilities while
carrying out its legal tasks.
"Within the Army alone, no less than 2,000 cases are filed
each year, and it will be difficult for the Army to deal with the
cases if we are not supported by various facilities, including a
laboratory," Sulaiman said. "Due to our limited capabilities, we
can only deal with about 85 percent of all cases."