Jakarta – The House of Representatives and the Defense Ministry reached an agreement Tuesday to alter a bill to enable military personnel to be tried in a civilian court for criminal offense.
"Misdemeanors will be brought to the civilian courts while cases of military crimes will be brought to the military court," said House Commission III deputy chairman Aziz Syamsuddin, as quoted by Detik.com news portal.
The chairman of the special committee deliberating the bill, Andreas H. Pareira, said that both the House and the ministry had decided on a platform that could satisfy both sides.
"Yesterday there was a dispute that could not be bridged. But at this meeting, there was an agreement on (the much debated) article nine. We will move on from there," Pareira, a member of the Indonesian Democratic Party of Struggle, said.
Article nine of the bill says that the authority of the military tribunal is to try criminal offenses involving soldiers or those considered to be soldiers.
The appendix of the bill states that military offenses are classified as all violations perpetrated by servicemen.
According to Pareira, both sides went through the most crucial articles of the military tribunal bill. They agreed that there should be an amendment, which will be discussed in detail, on civilian and military courts.
"We also asked the defense minister to answer the House's letter in the name of the government on the President's stance on the military tribunal issue. This will enable us to resume discussions," Pareira said.
He added that the House regarded any misdemeanor committed by soldiers as the responsibility of the individual. "I have tried to explain that to the Defense Ministry and they can respect that," Pareira said.
After the meeting with the Defense Ministry, the special committee will hold a internal meeting while waiting for the government's decision. There will be meetings afterward to discuss the article on the separation of the civilian and military courts.
A transition period of two to three years has been agreed on in order to alter the bill according to the Criminal Code, the Military Criminal Code and the Law on Judicial Authority.
Political observer Ikrar Nusa Bakti said that a transitional period of three years should allow district courts time to prepare for criminal cases involving soldiers. "The period will also serve as psychological preparation for military personnel," Ikrar said.
He added that the alteration of the bill, which proved that the military is reforming, could have great effect in enforcing justice. A retroactive law, Ikrar said, meant that the civilian tribunals would have more substance.