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House prepares bill on TNI judicial reform
Jakarta Post - February 12, 2014
A House plenary meeting on Tuesday approved a draft bill on the discipline of TNI soldiers, which contrary to the existing law, would give access to external oversight initiatives, guaranteeing that errant soldiers would be properly punished.
The external oversight would be made possible with the establishment of an honorary council comprising members of the TNI, retired soldiers and academics.
"This bill is expected to make sure that all soldiers comply with disciplinary principles. It will set strict rules for what could be seen as conduct and misconduct within military institutions and in public," said Mahfudz Siddiq, chairman of House Commission I overseeing defense, foreign affairs and information on Tuesday.
Mahfudz said that the bill, if approved, could pave the way for members of the military to be tried in civil courts.
"The deliberation of the bill is the first step toward improving the existing Military Judicial Law, which would make it possible for soldiers to face civil court for their crimes," said Mahfud, a Prosperous Justice Party (PKS) politician.
Provisions in the bill would allow for civilians to air their complaints about the alleged misconduct of military personnel.
Articles 33 and 34 of the bill mandates the establishment of an honorary council that would record public complaints about the alleged misconduct of soldiers. The council would also have the authority to launch a probe into the alleged misconduct.
The draft bill also guarantees the rights of soldiers. Article 34 would allow soldiers to file complaints against unfair treatment by their superiors.
The bill also makes it difficult for superiors to avoid taking responsibility for a crime committed by their soldiers. Article 24 of the bill stipulates that superiors would take responsibility for every order given to their men. Article 29 stipulates that soldiers could file a complaint on orders deemed problematic.
The decision to amend existing Law No. 26/1997 on Military Discipline was prompted by concerns over murders committed by soldiers, particularly the killing of police detainees by a group of the Armys Special Forces (Kopassus) soldiers at Cebongan Penitentiary in Sleman, Yogyakarta, last year.
A military tribunal in Yogyakarta sentenced the 11 commandos from the Kartasura, Surakarta-based Kopassus Group 2 to between six and 11 years in prison. The lack of transparency in the trial prompted many to demand a trial in a civil court for the Kopassus soldiers.
Deputy chairman of Commission Tubagus Hasanuddin said that the bill, if endorsed, could prevent soldiers from committing such a crime. "The bill has set strict restrictions for soldiers with the hope of improving the discipline of soldiers. We expect cases like Cebongan, or other disciplinary problems, to not recur in the future," Tubagus said.
Tubagus, a politician from the Indonesian Democratic Party of Struggle (PDI-P) said that the bill would include a provision that would allow for dismissal as the most severe punishment. The current law allows soldiers to remain in the corps in spite of their imprisonment.
Commission I will officially start deliberation next week and expects to endorse the bill before the term for the current House ends in October.
Deputy Defense Minister Sjafrie Sjamsoeddin said that the Defense Ministry applauded the House initiative. "The draft bill will convince the public that the TNI abides by the rules and regulations set both for civilians and the military," Sjafrie said last year during a hearing with Commission I.
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