Jakarta – Legal activists made a fresh call on Wednesday for the abolishment of military courts and joint civilian-military tribunals which, they said, were often used to protect the military's impunity.

Indonesian Legal Aid Institute Foundation (YLBHI) deputy chairman Munir and Jakarta-based Legal Aid Institute (LBH) director Irianto Subianto said during a discussion that everybody including soldiers should be equal before the law.

Munir questioned why military officers who have allegedly committed a criminal or human rights offense should be tried in a military tribunal or joint civilian-military court under military law while civilians are tried in a regular court under the criminal code.

"This is pure discrimination," Munir charged. "It will be impossible for us to create a sense of equality before the law if we continue applying such a legal system," he added.

Based on Article 10 of Law No. 14/1970 on judicial power, the nation's legal system adopts four types of tribunals. They are the general courts to try civilians, the administrative court, the Islamic court to handle divorce cases, and the military court.

Munir said the military tribunal is supposed to try members of the military who are accused of violating the military code of ethics, such as desertion or disobedience. "If a member of the military conducts a crime that has nothing to do with the military code of ethics – such as corruption or murder, he must be tried in a general trial," Munir said, adding that it was also stipulated in Article 3 of the People's Consultative Assembly Decree No. VII/2000. Munir revealed the inconsistency of the implementation of the laws by referring to the corruption case involving former minister of mines and energy Ginandjar Kartasasmita, a retired three-star Air Force marshal. Ginanjar was recently released by the Attorney General's Office after the South Jakarta District Court decided that his detention was illegal and ordered that his case be conducted before a joint civilian-military tribunal. "Ginandjar was supposed to be tried in a general trial as he did not violate the military code of ethics. He allegedly committed corruption," Munir said.

Munir was also critical of the joint civilian-military tribunal as it restricts the authority of prosecutors to hold an investigation as the suspect could only be questioned after the approval of his superior.

Irianto accused military tribunals of making verdicts based on who the defendant was instead of the crimes they had committed. "Due to these considerations, a military tribunal will never deal objectively with justice," he said.

Irianto was referring to the verdict handed down to Second Lt. Agus Isrok, an officer in the Army's Special Force (Kopassus) and the son of former Army chief of staff Gen. Subagyo Hadisiswoyo. The Jakarta Military Court sentenced Agus to four years in prison for the possession of 1.6 kilograms of shabu-shabu (crystal methamphetamine), 6,218 ecstasy pills, 27.9 grams of heroin and 25 packets containing Valium pills. The sentence was later reduced by the court of appeals to two years.