Dian Kuswandini, The Jakarta Post, Jakarta | Thu, 10/09/2008 10:37 AM | National
The government will play a crucial role in ending the three-year deadlock over the military tribunal bill deliberation, with the bill promising to usher in real military reform, lawmakers said Wednesday.
With just a few days left before it breaks for recess, the House of Representatives' special committee deliberating the bill said it could pass it this year, but only if the government showed its full commitment.
"We had expected to pass the bill in this sitting period. But the deadlock remains because the government keeps rejecting several contentious points," committee chairman and member of the House's Commission I overseeing domestic affairs, Andreas Pareira, told The Jakarta Post.
Andreas, from the Indonesian Democratic Party of Struggle (PDI-P), said the government had turned down the full implementation of a proposal to try military officers facing criminal charges in civilian courts, rather than a military tribunal.
"The government insists that the arrest and investigation of military officers involved in crimes should remain under the authority of the military police, not the police, as recognized in the Criminal Code," Andreas said.
"The code only grants exceptions to expatriates. Why do military officers want to be treated similar to expatriates?"
The National Awakening Party's (PKB) Nursyahbani Katjasungkana said the government also insisted on maintaining the authority of military prosecutors to try military personnel in civilian courts.
"The government claims the military is not ready to be grilled by the police or state prosecutors. We compromised by offering a three-year transitional period," said Nursyahbani, a member of the House's Commission III overseeing legal affairs.
"The military has been the slowest institution in showing reform improvements, because it's holding on to political and psychological pride."
She added the military was concerned about having its cases handled by the police, because of the novelty of the situation.
"The military still sees the police as a younger brother. There's also jealousy within the military, because the police now have more authority in security affairs than them."
The House-sponsored military bill has been deliberated since 2005, aiming at pushing reform within the Indonesian Military (TNI) in a bid to slash impunity and ensure transparency.
Andreas expressed concern over the slow passage of the bill, saying it could affect certain issues, including disputes between the military and civilians over land ownership.
"There are many cases in which civilians claim they have been treated unjustly because the disputes were brought to military courts. We acknowledge that (military) courts have been not transparent all this time," he said.
Andreas insisted military courts limit themselves to certain cases, such as desertion, disobedience and the theft of military assets or top-secret information.
"Criminal charges should be tried in civilian courts, along with other crimes like illegal logging, human rights abuses and cases that concern the public."
The government will play a crucial role in ending the three-year deadlock over the military tribunal bill deliberation, with the bill promising to usher in real military reform, lawmakers said Wednesday.
With just a few days left before it breaks for recess, the House of Representatives' special committee deliberating the bill said it could pass it this year, but only if the government showed its full commitment.
"We had expected to pass the bill in this sitting period. But the deadlock remains because the government keeps rejecting several contentious points," committee chairman and member of the House's Commission I overseeing domestic affairs, Andreas Pareira, told The Jakarta Post.
Andreas, from the Indonesian Democratic Party of Struggle (PDI-P), said the government had turned down the full implementation of a proposal to try military officers facing criminal charges in civilian courts, rather than a military tribunal.
"The government insists that the arrest and investigation of military officers involved in crimes should remain under the authority of the military police, not the police, as recognized in the Criminal Code," Andreas said.
"The code only grants exceptions to expatriates. Why do military officers want to be treated similar to expatriates?"
The National Awakening Party's (PKB) Nursyahbani Katjasungkana said the government also insisted on maintaining the authority of military prosecutors to try military personnel in civilian courts.
"The government claims the military is not ready to be grilled by the police or state prosecutors. We compromised by offering a three-year transitional period," said Nursyahbani, a member of the House's Commission III overseeing legal affairs.
"The military has been the slowest institution in showing reform improvements, because it's holding on to political and psychological pride."
She added the military was concerned about having its cases handled by the police, because of the novelty of the situation.
"The military still sees the police as a younger brother. There's also jealousy within the military, because the police now have more authority in security affairs than them."
The House-sponsored military bill has been deliberated since 2005, aiming at pushing reform within the Indonesian Military (TNI) in a bid to slash impunity and ensure transparency.
Andreas expressed concern over the slow passage of the bill, saying it could affect certain issues, including disputes between the military and civilians over land ownership.
"There are many cases in which civilians claim they have been treated unjustly because the disputes were brought to military courts. We acknowledge that (military) courts have been not transparent all this time," he said.
Andreas insisted military courts limit themselves to certain cases, such as desertion, disobedience and the theft of military assets or top-secret information.
"Criminal charges should be tried in civilian courts, along with other crimes like illegal logging, human rights abuses and cases that concern the public."
