Bagus BT Saragih and Margareth S. Aritonang, Jakarta – The 10 members of the Indonesian Military (TNI) allegedly involved in the attacks of the Indonesian Democratic Party of Struggle's (PDI-P) headquarters in Lenteng Agung, South Jakarta, over the weekend have not been detained even though they have been officially charged.

"They have admitted their actions," the commander of the Greater Jakarta Military Command, Maj. Gen. Erwin Hudawi Lubis, said at Halim Perdanakusuma Airport on Monday.

"The suspects were not detained because their battalion commander is willing to take full responsibility," Erwin said, referring to Col. Hari Kartika, the commander of the Army's 13th Engineering Construction Battalion (Yon Zikon 13) where all the suspects came from.

He said the military police had questioned the 10 soldiers and named them suspects. He declined, however, to outline the charges.

"The military police have been interrogating them since Sunday. We will continue the legal processes until the dossiers are handed over to the military court. Such acts cannot be tolerated," Erwin said, denying that the force was reluctant to take decisive action.

When asked if Hari would face dismissal or any other kind of punishment for failing to prevent his men engaging in such unlawful activity, Erwin said, "We are not there yet".

About 15 TNI members, all low-ranking, attacked several people at the PDI-P headquarters late on Saturday, wounding at least three security officers and members of staff. Witnesses said some of the soldiers carried machetes.

The attack was reportedly ignited by PDI-P guards attempting to protect a high school student who was being hunted by the soldiers. The youth was involved in a fracas over a minor traffic incident with some of the soldiers and fled to the party's office.

"It was actually triggered by a misunderstanding following a small incident on the road between a soldier and a civilian. They never intended to attack the party. Coincidently, the incident occurred near the PDI-P office," Erwin said.

"When a traffic incident occurs, it is natural for the involved parties to argue. This particular soldier was angry and asked his colleagues to the party's office to seek clarification. The party's members, who were having a meeting at the time, tried to make peace because they did not want disruption at the office," he added.

The PDI-P chair, former president Megawati Soekarnoputri, was reportedly present at the meeting. PDI-P secretary-general Tjahjo Kumolo said the party had filed official complaints to TNI commander Adm. Agus Suhartono, Army chief of staff Gen. Pramono Edhie Wibowo and Erwin.

"We have protested to the TNI because this is about the dignity of our party, particularly given the presence of our chair in the building at the time," he said, adding that Hari had apologized for the incident.

Tjahjo said the party would not intervene with the legal process by the military police. "I am calling on the TNI to improve the discipline of its members because this is about the good name of the armed forces," he said.

The Commission for Missing Persons and Victims of Violence (Kontras) has declared the first quarter of 2013 as being a "marathon of violence" by the TNI, due to a heavy number of reports the commission received on violence by TNI members.

"We have received at least 51 reports of murder, attacks, intimidation, torture and land confiscation by TNI members. The violence is on a massive scale, causing civilians great harm," said Yati Andriyani, head of Kontras' advocacy, law and human rights division.

Although violence by TNI members is common, the violence in 2013 is worse because it was carried out blatantly. "They take the law into their own hands. They use state facilities to excessively demonstrate their power over civilians while they are still in uniform. In the Cebongan case, they even attacked a state institution," Yati said.

The incident at the PDI-P headquarters comes when the military is under the spotlight for the raid on Cebongan prison, Sleman, Yogyakarta, during which a group of soldiers reportedly killed four murder suspects. The National Commission on Human Rights (Komnas HAM) said the raid was a violation of human rights.

Kontras chairman Haris Azhar said these cases showed the inability of TNI personnel to act proportionally and professionally. "Acting proportionally means the ability to adjust tactics and strategy based on the enemy they're fighting. Civilians are not dangerous enemies that require such excessive force," Haris said. (ogi)

Jail terms for convicted soldiers

• April 2013: Three members of the Naval Base Marine Defense Battalion II of Teluk Bayur, Padang, West Sumatra, are sentenced to between eight and 11 months for assaulting journalists.
• January 2013: The Denpasar Military Court sentences a military policeman, identified as Harry Mulia Simarmata, for extortion and assault.
• September 2012: Second Sgt. Ilmun Said is sentenced to six years in prison by the military court in Madiun for smuggling 143 illegal migrants from the Middle East in December 2011.
• 2011: The Jayapura Military Court sentences three soldiers to between eight and 10 months in prison for torturing two Papuans in 2011. The soldiers are Second Sgt. Irwan Riskiyanto, the deputy commander of the Infantry Battalion's Gurate military post in Puncak Jaya and his subordinates, First Pvt. Yakson Agu and First Pvt. Thamrin Mahangiri.
• 2003: Seven Army's Special Forces (Kopassus) soldiers who killed Papuan provincial leader Theys Hiyo Eluay to silence his calls for independence are jailed for between 24 and 42 months.

Sources: The Jakarta Post