Tiarma Siboro, Jakarta – The government is sticking to its guns in the debate over whether the military court should be the only court to try soldiers.

Minister of Defense Juwono Sudarsono said Friday the demand for the military to try soldiers who had committed crimes unrelated to their profession in a civilian court had no legal basis. "We are still in the transition period and we will stick to the system," he said.

Juwono's comment has come at a time when the deliberation of the military court bill at the House of Representatives has stalled over the issue. Reform-minded politicians have demanded that soldiers committing crimes unrelated to their work be tried in civilian courts, something the military fiercely rejects.

Legal observers charged Friday that the military was dragging its feet. They said that sticking to the former law would mean the military wanted to maintain a legal system that permitted impunity for soldiers.

Juwono, however, promised that soldiers would not be made "untouchable" as many fear because the legal system allows for the establishment of a joint civilian-military tribunal to hold hearings over criminal cases implicating both servicemen and civilians. "The joint tribunal mechanism has been introduced to remove the legal loopholes," he said.

Legislators are locked in a rigorous debate over the revision of a 1997 law on the military tribunal, with some of them defending the authority of the tribunal to try military lawbreakers, regardless of the 2000 People's Consultative Assembly decree on military reform.

According to the decree, soldiers facing criminal charges, such as murder and corruption, should be tried before a civilian court, leaving the tribunal with the jurisdiction to merely try soldiers who break military regulations.

The decree has been made in a bid to eradicate impunity among soldiers, as well as to scrap the legal privileges that have long been enjoyed by the military.

The revision bill displays few differences to the 1997 law because it acknowledges the authority of commanders to take legal action against their subordinates. While the authority to investigate criminal charges lies with the police. Many say the rivalry between the military and the police forces has complicated the problem.

Military analyst Andi Widjajanto from the University of Indonesia said legislators should be more serious in deliberating the amendment of the military law because it would be a stepping stone toward legal reform inside the military.

"The bill should scrap any possibility of the military enjoying impunity, because the principle has made it impossible for legal institutions to process crimes committed by soldiers," he said recently.

Human rights activist Donny Ardyanto from the Legal Aid Institute warned the government and lawmakers of tougher future challenges if they did not insist on having soldiers tried in civilian court for criminal cases.

"Let's see in 2009, when soldiers can exercise their political rights. If the servicemen violate the election laws, then who will be authorized to try them? The military tribunal or the General Elections Commission?" Donny asked.