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Military justice deadlock continues

Source
Jakarta Globe - February 18, 2009

Markus Junianto Sihaloho – Defense Minister Juwono Sudarsono on Tuesday said that the government would first have to significantly enhance the welfare of its soldiers before his office could agree on a bill that would see police investigate members of the armed forces for civilian crimes.

Under the civilian system, Juwono said, settling legal disputes is costly. Not only would soldiers' poor pay mean they wouldn't receive justice, he said. It might also make them more likely to commit crimes in the first place.

"Not all of the poor are involved in criminal actions," Juwono said. "But we can find that in many cases, because people are poor, they are forced to engage in illegal actions."

Army officials have said that privates earn monthly salaries of around Rp 2 million ($168).

Talks between a House of Representatives special committee and the Defense Ministry on a military tribunal bill have been deadlocked for the past six months over the ministry's proposal that soldiers suspected of civilian criminal offenses be investigated by the military police, not their civilian counterparts.

In order to break the deadlock, National Commission on Human Rights chairman Ifdhal Kasim on Monday proposed that police ultimately be given the authority to conduct such investigations, but only after a two- to three-year transition period.

Juwono said he found that idea acceptable. "I agree [Ifdhal's] proposal that a transition time of two to three years be allowed for preparations," he said. Rivalries between police and soldiers have in the past years led to violent brawls, sometimes involving the use of firearms.

Committee member Nursyahbani Katjasungkana, from the National Awakening Faction said that all political factions in the House had already agreed on a 30-month transition period.

"So it's really strange if the defense minister said they need more transition time," she said, adding that budgeting concerns should be addressed to the House commission dealing with budget affairs, not to her commission. She also said that past legislation required soldiers to come under civil legal jurisdiction for any violation of the criminal code,

Soldiers have long enjoyed special legal privileges, which the proposed bill was aimed at helping to eliminate.

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