Tony Hotland, Jakarta – President Susilo Bambang Yudhoyono has agreed to allow soldiers accused of criminal acts to stand trial in civilian courts, a minister said here Tuesday.
The government had previously rejected the House's proposal for civilian trials, bringing the deliberation of the military tribunal bill to a halt.
"I've received a phone call from State Secretary Yusril Ihza Mahendra in Japan saying the President has agreed that soldiers involved in general crimes will be tried in public court," said Justice and Human Rights Minister Hamid Awaluddin.
Hamid and Defense Minister Juwono Sudarsono are representing the government in the deliberation. Yusril is accompanying Yudhoyono during his three-day state visit to Japan.
Hamid said the move appeared to clear the way for passage of the measure. "The President has in principle approved the substance of the bill," said Hamid after accompanying Vice President Jusuf Kalla to send off the first batch of Indonesian pilgrims to Mecca, Saudi Arabia.
There are widespread concerns that military tribunals promote a culture of impunity because they are not sufficiently open to public scrutiny.
The government had initially rejected the proposal because the existing Criminal Code, currently being amended, did not address the issue of trying soldiers in public court.
Defense Minister Juwono suggested civilian judges and prosecutors would be deployed to military tribunals, at least during a transitional period until the Criminal Code had been fully revised. "On the field now, there's no legal code allowing soldiers to be tried in general court," he argued.
Andreas Pareira, who chairs a House special committee deliberating the military tribunal bill, said lawmakers could understand if the military needed more time to adjust to the change.
"Two or three years of transitional time is good. The government can then familiarize soldiers with the change, prepare the infrastructure and adjust other conflicting laws. But the final objective is to try soldiers in public court for non-military crimes," he said.
That goal, he stressed, is mandated by a People's Consultative Assembly decree in 2000, as well as the 2004 law on the Indonesian Military (TNI).
Andreas, from the Indonesian Democratic Party of Struggle (PDI-P), said the major concern for the military was that soldiers did not want to be imprisoned in a general penitentiary.
"The punishment in a military penitentiary is different from in a general one. In military prisons, soldiers are simply trained and prepared to resume work," he said.
Andreas said members of the military were also concerned that public prosecutors and police would not be competent to try soldiers.