Jakarta – Activists and legislators on Wednesday blamed the stalemate in the four-year protracted military tribunal bill on the "psychological war" between the police and military, particularly in regards to whether the civilian investigators can probe military officers allegedly committing crimes.
The bill was designed to amend the 1997 tribunal court law, which stipulates that the military police (PM) are involved in the investigation of military officers charged for civilian offenses.
The same law also rules suspected soldiers will be tried at a connectivity court, where the prosecutors and judges are a mixture of military and civilian personnel.
The activists and legislators suggested the civilian legal process should be implemented for military officers charged for civilian crimes.
Lawmaker Djoko Susilo, from the House of Representatives' Commission I on defense, said the Indonesian Military (TNI) and the government insisted on their stance, which seem to be unwilling to fully accept reform in the military court system.
"The military seem to be defending their 'prestige' and reluctant to be investigated by the police.
"Historically, the national police chief was under the TNI commander. After the reform era, however, the national police was separated from the military and connected directly to the president, while the TNI's administration and financial management remain below the defense ministry's command," Djoko explained.
History has prompted the military to be "psychologically jealous" of the police, Djoko said.
According to him, the last hearings concluded the Defense Ministry and the TNI still want to include the military police in the investigation of soldiers charged for crimes.
"An option was offered, namely the implementation of a five-year transitional period. During the period, the military police can still be involved but their authority fades at the end of the transitional period when the civilian police will fully take over the investigation into soldiers committing crimes," Djoko explained Wednesday.
"Another option is to form a supervisory body whose duty is to supervise the military police when investigating soldiers charged for committing crimes," he said, adding legislators had yet to choose either of these two options. Al Araf, a researcher from the Indonesian Human Rights Monitor (Imparsial), rejected those options saying there was no reason in any way for the TNI to avoid the general legal process if a military officer was suspected of committing a criminal offense.
"This is about the 'equality before the law' principle. Every citizen – military or civilian – must face the same legal treatment if committing civil offenses," he told a press conference at his office in Central Jakarta on Wednesday.
"The 'psychological war' between the military and the police is no longer relevant if the government as well as legislators are truly serious about reforming the TNI," Araf said. (bbs)