Alvin Darlanika Soedarjo, Jakarta – Rights group Imparsial said Thursday the government-proposed transition period of two to three years to alter the military tribunal bill, which enables soldiers to be tried in a civil court for criminal offenses, is lengthy and unnecessary.
"We think that a year-long transition period should be enough. Two years maximum," said Imparsial director Donny Ardyanto.
"Learning from previous transition periods on the law to cede control of all military personnel involvement in business, we think that a three-year period is ineffective," he said.
Imparsial said both the House of Representatives and the Defense Ministry were yet to set clear goals for the transition time.
"The Defense Ministry said that the two- to three-year transition period was needed in order to psychologically prepare the personnel from the military and the district court to apply this new condition," he said.
"If the government aims for a three-year period, then they need to clearly explain the scope of the transition period and the steps of orientation they want to make," Donny said.
The transition period, he added, should be measured objectively, not politically.
The special committee from the House of Representatives and the Defense Ministry has agreed to amend the much-debated bill in accordance with the Criminal Code, the Military Criminal Code and the Law on Judicial Authority.
Imparsial added that the government needed to revise the Military Criminal Code (KUHPM) to draw a clear line between it and the Criminal Code (KUHP).
"The Military Criminal Code is a part of 1997 Military Tribunal Law No. 31. Therefore, the revision of the bill also means a revision of the KUHPM," said Donny.
He added that every overlapping article in both codes, which are already stated in the KUHP, should be left out of the revised military code.
"The KUHPM should oversee the organization, structure and the function of military tribunals," he said, adding that the KUHP was currently being revised at the Justice Ministry.
The chairman of the special committee deliberating the bill, Andreas H. Pareira, said the three-year transition period would be seen as a deadline.
"The two- to three-year transition period was a recommendation from a House faction. We and the Defense Ministry have agreed upon the time length," said Andreas, who is a member of the Indonesian Democratic Party of Struggle.
"We will put the law into affect as soon as possible after we have succeeded in altering the bill and advising those affected of the new laws," Andreas told The Jakarta Post.
A research coordinator at Imparsial, Al Araf, said President Susilo Bambang Yudhoyono needed to issue a letter promptly to assert the central government's position in the revision of the military tribunal bill.
"If the president has asserted his position, then the special committee and the Defense Ministry can resume their work in other discussions regarding the bill," Al Araf said. He added that trying soldiers in civil courts would prove that the military was actually reforming and a fair trial would be available to all.