Military tribunals in Indonesia lack accountability, transparency and neutrality, and the central government must revise its laws and try army officials accused of human rights abuses in civilian courts, Human Rights Watch said in a statement on Wednesday.
The New York-based rights group pointed out that issues surrounding the prosecution of four members of the Army Special Forces (Kopassus) who stormed a Yogyakarta prison on March 23 and executed four men highlight the shortcomings of the military justice system.
Furthermore, the army has failed to properly investigate and prosecute alleged serious human rights abuses by members of the military, the group said in the statement.
"The Indonesian government should ensure that justice is done in human rights cases by prosecuting military suspects in civilian courts," said Phelim Kine, deputy Asia director at Human Rights Watch. "For too long Indonesia's military courts have helped foster a culture of impunity by letting abusive soldiers off with a wrist-slap – or no punishment at all."
Eleven Kopassus members were arrested on April 2 for allegedly breaking into the Cebongan prison in Yogyakarta, Central Java, and murdering four detainees awaiting trial: Hendrik Angel Sahetapi, Yohanes Juan Manbait, Gameliel Yermianto Rohi Riwu and Adrianus Candra Galaja.
Military investigators say that the Kopassus suspects, disguised with ski masks and carrying AK-47 assault rifles, forced their way into the jail, beat two guards and executed four prisoners.
Investigators said the motive for the murders was revenge for the killing three days earlier of their Kopassus colleague First Sgt. Heru Santoso, for which the four detainees had been arrested.
Santoso and the 11 suspects all served with Kopassus Group II in Kartasura, about a two-hour drive from Yogyakarta.
Despite military confirmation of Kopassus' culpability in the prison murders, senior military and government officials have publicly defended the suspects and downplayed the severity of the crime, Human Rights Watch said.
"Indonesian military and civilian authorities who proclaim the innocence of soldiers linked to serious crimes know very well they are telling the military courts how to rule on the case," Kine said.
"It's disgraceful that after a decade of so-called military reform, soldiers suspected of killing civilians reap official praise and support."
Under Indonesian law, soldiers cannot be tried in civilian courts, and only a few rare exceptions have been invoked. The 1997 Military Tribunal Law stipulates that military personnel may only be tried before a military tribunal, regardless of the nature of their offense.
During the United Nations Universal Periodic Review of Indonesia's human rights record in 2007 and 2012, the Indonesian government committed to reforming the military justice system.
Indonesia promised to reform the law by making torture and other acts of violence prosecutable offenses and ensuring that the definition of such offenses are consistent. To date, the government has not yet revised the military criminal code.