Subject: Can Police Investigate TNI Soldiers?: Military Court Bill Stalemated
also: 2 JP reports: Terrorism drill for police, TNI; and Anti-terror drill
jolts pedestrians
The Jakarta Post
December 20, 2008
Military court bill in stalemate
Irawaty Wardany, The Jakarta Post, Jakarta
The amendment of the military tribunal law has hit a deadlock at the House of
Representatives with the government adamant that civilian police cannot be
authorized to investigate soldiers accused of nonmilitary crimes.
The deliberations of the draft bill to amend the 1997 law have been stuck on
this issue for the past three months, lawmaker Andreas H. Paraira told a press
conference Friday.
"The government is yet to accept that the investigation process (of
military personnel) shall be done according to the general court system,"
said Andreas, who chairs a House special committee to deliberate the bill.
However, he added that the government -- in this case the Defense Ministry --
had agreed with the House that soldiers should be tried by public courts, not
military tribunals, for criminal charges.
After three years of discussing the bill, the House and the government are
still divided over which authorities should investigate military officers
involved in nonmilitary offenses, Andreas said.
"We are still debating whether police or military police investigators
should be granted the right to investigate criminal cases involving military
personnel," said deputy head of the special committee for the amendment
Azis Syamsuddin.
He confirmed that the government refused to allow police to investigate
nonmilitary charges against soldiers.
"We are facing difficulties with the government's stance, which does not
seem to fully accept reforms in the military court system," said Aslaini
Agus, another deputy head of the special committee.
She said that if the government agreed to allow public courts to try military
personnel, it should also allow all mechanisms in the general court system to be
applied for accused soldiers.
"That is where the core problem lies: The government agrees to let
civilian courts deal with cases involving Army personnel but insists the
investigation into them be handled by investigators from the military
police," Aslaini said.
Doni Ardianto from the Democratic Education Association (P2D), speaking at
the same press conference, said the amendment to the law was not only a matter
of reforming the Indonesian Military (TNI) but also about giving greater
protection to the rights of its personnel.
"We have seen many cases handled by the military court that neglected
the rights of TNI members," he said.
Examples of these violations were that military suspects did not have the
right to inform their families about their arrest, or to appoint their own
lawyers.
"Most likely they will not be able to get these rights if they are tied
to the military judicial system," Doni added.
Bhatara Ibnu Reza from human rights group Imparsial said that in
investigating crimes based on the integrated criminal justice system, the
civilian police, not the military police, should take charge.
"Putting the military police into this system will make it as though
they have jurisdiction in the general court system, and this will lead to chaos
in the implementation of the Criminal Code Procedures," he added.
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The Jakarta Post December 20, 2008
Terrorism drill for police, TNI
Indah Setiawati, The Jakarta Post, Denpasar
People around Kuta, Uluwatu and Nusa Dua in Badung regency have been asked to
stay calm Sunday morning, when Bali Police and Udayana Military Command will
conduct joint drills in the areas in preparation for possible terrorist attacks.
The drills are planned in response to President Susilo Bambang Yudhoyono's
request to react to recent terrorism attacks, such as the well-coordinated one
in Mumbai, India, in which 172 people died, Udayana Military Commander Maj. Gen.
Hotmangaradja Pandjaitan said.
The police and military squads will execute simultaneous simulations in three
hotels -- Hard Rock, Intercontinental and Westin.
"Bali is certainly a potential target for terrorism but I confirm that
there is currently no real terror threat for Bali," Bali Police chief Insp.
Gen. Teuku Ashikin Husein told reporters.
"We want people around the drill locations not to worry or be scared,
because it is just for practice."
He said the drills would involve different kinds of terror scenarios that
would involve cooperation between police, soldiers and officers of the Bali
administration.
"If the terrorists carry heavy guns and bombs, the military will deploy
an anti-terror squad to knock them down. The administration officers will call
the firefighters and call the ambulances and send them to the hospitals, while
the police will take care of the legal action," Husein said.
He said the police and military would each deploy a helicopter and
anti-terror squads during the drill, during which there will be some explosions.
Police will temporarily close some streets heading to the three locations and
redirect traffic to help the drill run smoothly.
The streets to be temporarily closed include Jl. Legian, Jl. Melasti, Jl.
Tegal Wangi and Jl. Pantai Kuta, all near the Hard Rock Hotel.
The Uluwatu three-junction, Kedonganan market intersection, Four Season
three-junction and Kali intersection, which lead to the Intercontinental Hotel
on Jl. Uluwatu, will also be blocked.
Security at the Nusa Dua entrance will be tightened and the intersections
near a roundabout that leads to the Westin Hotel will be closed.
Hotmangaradja said the simulation demonstrated the deep concern of the police
and military about the overseas terrorism attacks and would not let it happen in
Bali.
"Although the drill is taking place in only three places, we will
maintain security around others, including religious sites, crowded areas and
tourism sites," he said.
He said his intelligence officers were continuing to monitor and report on
the situation in the island.
Such drills will become more frequent in 2009, with programs and funding
currently in preparation, he added.
------------------
The Jakarta Post
December 20, 2008
Anti-terror drill jolts pedestrians
BANDUNG, W. Java: An anti-terror drill held by soldiers of the 300th Raider
Banjar Kedaton Battalion in Preanger Hotel in Bandung on Thursday, jolted
pedestrians who passed Jl. Asia Afrika, Jl. Tamblong and Jl. Naripan as they
could hear loud bomb explosions and gun shots.
"I was surprised as I thought that it was a real bombing," said
Yuniwati, 24, who passed Jl. Naripan from her office.
The Siliwangi Military Command chief, Maj. Gen. Rasyid Qurnuen Aquary, said
the simulation was aimed at preparing the anti-terror battalion to face any
possible terror threat, like what happened in Mumbai, India, recently.
The scenario was that 10 terrorists were holding West Java Governor Yusuf
Macan Effendi, who was having a meeting with foreign investors, hostage with 100
soldiers being deployed.
"We cannot take the threat of terrorism lightly. We prepare ourselves by
having this simulation," Rasyid said.
"The Siliwangi Military Command now has just one battalion of some 700
soldiers with anti-terrorism skills."
Meanwhile, West Java Police chief Insp. Gen. Timur Pradopo said the army
could set cooperation with police to handle any forms of terror.
"We will deploy some 12,000 police officers to guard vital and public
places during Christmas celebrations," he said.
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