Akhmad Riyadh, Jakarta – The Commission for the Disappeared and Victims of Violence (KontraS) and KontraS Aceh condemned the alleged kidnapping and torture leading to one's death by a member of the Presidential Security Force (Paspampres), Chief Private Riswandi Malik (RM) and his accomplices in Jakarta on Thursday, August 24, 2023.
KontraS demanded that the suspects be tried before the general court instead of the military court.
"The perpetrators who are active members of the military have to be tried with the general court mechanism. Even if the perpetrators of kidnapping, and torture that lead to one's death have been processed by Pomdam Jaya, we urge this case to be handled by the general court," said the lead coordinator of KontraS Dimas Bagus Arya in a written statement on Friday, September 1, 2023.
Dimas explained that military court has been proven to have an inclination to create impunity and give light sentences to military members violating the law.
"It necessitated a transparent hearing process based on public accountability since the military court could not accommodate the need," he said.
According to Dimas, the general court mechanism for active military members is in accordance with Article 65 (2) of Law No. 34 of 2004 concerning the military. The article stipulated that active military members submit to the military court in case of military justice violations and submit to the general court if they violate the criminal code.
Yudo Margono, said Dimas, has to evaluate the culture of violence embedded in the institution. He also stressed that the actions of the Paspampres member are a clear violation of various laws, the constitution, and the international human rights law.
In addition, KontraS also asked the Indonesia Witness and Victim Protection Agency to be proactive in protecting Imam Masykur's family.
KontraS also urged the National Commission on Human Rights to conduct a thorough investigation into the alleged violations of human rights and to safeguard the ongoing legal process against the perpetrators.