Alvin Darlanika Soedarjo, Jakarta – Human rights groups have called for the trial over the recent deadly military shooting in Pasuruan, East Java, to be held in a civilian court.
The activists argue the trial of Marines over the shooting of Pasuruan residents should not be by a military court, in order to assure a fair trial and to maintain the spirit of political reform.
"If the Indonesian Military (TNI) keeps pushing for this case to be processed by a military court, this could tarnish its image of maintaining the spirit of reform," Human Rights Working Group deputy coordinator Khoirul Anam told The Jakarta Post on Saturday.
"The military court deals with internal military issues, such as soldiers who disobey their commanders' orders," he said. The law on military courts is still being amended.
Wednesday's shooting at Alas Tlogo in Grati subdistrict which left four people dead and eight wounded – was triggered by a dispute over land claimed by both villagers and the Navy.
Former president Abdurrahman Wahid, a leading figure in Nahdlatul Ulama, the largest Muslim organization in the country, joined prayer gatherings in the hamlet late Saturday. "How come bullets purchased with the people's money were used to shoot them?" he asked, as reported by Antara news agency.
Thousands of villagers joined the gatherings and rallies in protest of the shootings, while the national red and white flags were flown half mast along village roads.
Khoirul said if the district court cannot proceed with the case, the second best option would be to bring the case to a mixed court consisting of military and civilian personnel. He said the disadvantage of a mixed court would be that it would not be accessible to the public.
However, TNI chief Air Chief Marshal Djoko Suyanto said earlier that it was possible to have a transparent military court process. "What the TNI chiefs should do first is discharge the marine commanders involved. After looking into what type of crime (they committed), the commanders should be prosecuted," he said.
The head of the Commission for Missing Persons and Victims of Violence's impunity division, Haris Azhar, said military courts tended toward a biased judicial process. "Checks and balances could be tainted because (the military) are their own judges," he said.
Haris gave the example of several members of "Team Mawar" from the Army's special forces who were promoted by TNI after being jailed by a military court for kidnapping activists a decade ago.
Lawyer Hendardi said shooting civilians was not acceptable under any conditions and was a gross violation of human rights. Hendardi, who also argued the case should be through a district court, said dealing with land disputes was not the job of the military. He said TNI chief Djoko should order his subordinates not to meddle in any land disputes.
Contrary to claims from the TNI, the National Commission on Human Rights said it found no evidence from the scene of the Pasuruan shooting that civilians had intended to attack marines with sharpened weapons. The 2000 law on human rights states that a deliberate attack on civilians is classified as a crime against humanity.
TNI chief spokesman Rear Marshall Sagom Tamboen said the military would do its best to uphold the law and find justice for victims and their families.