Raden Rachmadi, Kukuh S Wibowo, Jakarta – Imparsial, the human rights monitoring organization, viewed that the case of shooting at civilians in Alas Tlogo Village, Pasuruan, is a violation that should be put on record at the human rights court. "This is a crime against humanity," said Imparsial's Executive Director, Rachland Nasidiq, yesterday (4/6).

There are two requirements for an incident to be categorized as a human rights violation. First, according to Rachland, is the state institution as the perpetrator of a planned and systematic shooting. "This requirement is already fulfilled," he said.

Second, Rachland said, it relates to deliberation. At the time of occurrence, 13 marine personnel who committed the shooting carried long-barreled fire arms with live ammunition. This means, according to him, "This case has been previously predicted."

Rachland said in a human rights violation case, the ones who are brought to trial are not only the perpetrators on the scene. The direct supervisor in the command line must also be investigated.

The Commission for Missing Persons and Victims of Violence (Kontras) has a similar opinion. The human rights trial is worth implementing in the Pasuruan case. "We found indications of deliberation in shooting the locals," said Sinung, head of Kontras' legal assistance and conflict department.

However, criminal law expert from the University of Indonesia, Rudi Satrio, is of the opposite opinion. Human rights violation, according to him, did not occur in the Pasuruan case. "The case was spontaneous. I don't see any execution element in this tragedy," he said. Thus this is criminal violation committed collectively by civil and military sides.

According to Rudi, the legal process is sufficient to be carried out in military court. He acknowledged there are many groups that want the civilian murder case be tried in the court of general jurisdiction. However the wish could only come true if the Military Justice Bill is passed by the House. So far the bill is not yet finished. "So the old regulation is used," he said.

In the mean time, the claim for the perpetrators of the shooting at Alas Tlogo village to be tried at a court of general jurisdiction comes from many parties. One of them is Head of National Awakening Party (PKB) Syura Council, Abdurrahman Wahid.

The former Indonesian President asked the 13 marine personnel, who were now arrested at Indonesian Military (TNI) Navy Military Police HQ in Surabaya, to be tried at Pasuruan District Court.