Abdul Khalik, Jakarta – The House of Representatives is poised to pass an amended law on military tribunals that would allow civilian courts to try soldiers involved in non-military offenses.
The planned passage of the much-awaited law has been lauded by experts and human rights activists who say the bill is essential in curbing impunity and ensuring transparency within the Indonesian Military (TNI).
Chairman of the House's working committee on the law, Andreas Pareira, said Monday all factions in the House and the TNI had agreed to try servicemen facing criminal charges in civilian courts instead of military ones.
"We will pass the amended bill into law during this sitting session. Probably in June or July," Andreas told The Jakarta Post. He said the agreement was reached after more than three years of meetings and dialogue between lawmakers and military leaders.
During discussions of the amended law, rights activists had expressed concern the military was resistant to reform, and that military courts were used to protect errant soldiers and preserve their legal impunity.
The House and the government are amending the 1997 law on military tribunals in a series of steps toward military reform, following the collapse of Soeharto's 32-year authoritarian regime that relied on the military to retain power.
President Susilo Bambang Yudhoyono has voiced support for civilian trials for soldiers accused of non-military crimes.
"From the beginning, we reached an agreement with the TNI to change Article 9(a) of the law to enable civilian courts to try servicemen. After agreeing on this principle, we moved on to discuss other articles," Andreas said.
After the passage of the amended law, the House will revise the Military Criminal Code to bring it into conformity with the new law.
Legal expert Denny Indrayana of Gajah Mada University in Yogyakarta applauded the House for amending the law.
"I think it is a very good sign for a more democratic and civilian-ruled country. Civilians and soldiers are all citizens, so they must be tried without discrimination in the same courts if they commit criminal offenses," he told the Post.
Wahid Institute executive director Ahmad Suaedy urged the immediate enactment of the amended law, saying the old law was a legacy of Soeharto's New Order regime to cover up military crimes.
"(The amended law) will reduce military impunity. You see, we can't trust military courts to try soldiers as they only cover up the crimes committed," said Suaedy, a Muslim scholar and rights activist.